1167E 95th Legislative Session 562
AMENDMENT
1167E FOR THE HOUSE EDUCATION BILL
Introduced by: Representative Chris Johnson
An Act to revise provisions regarding confidential communications between a student and certain school employees.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
13-10-19. Communications--Student and counselor, psychologist, or social worker--Exceptions.
A
counselor or school psychologist, certificated in accordance with the
certification rules of the South Dakota Board of Education Standards,
or social worker licensed under chapter 36-26,
who is regularly employed as a counselor, school psychologist, or
social worker for a private or public elementary or secondary school
or school system in this state, may not
disclose
to any
other person a
custodial parent or legal guardian any
information or communication exchanged between a student who is an
unemancipated minor and the counselor, school psychologist, or social
worker in the counselor's, school psychologist's, or social worker's
official capacity unless a
the
counselor, school psychologist, or social worker has reason to
suspect the student may have been subjected or exposed to child
abuse, neglect, or other illegal conduct by the student’s
custodial
parent or legal guardian
of the student permits the disclosure in writing
or the information or communication is prohibited from disclosure by
federal law. The counselor, school psychologist, or social worker may
not disclose the information or communication to any other person
unless the parent or legal guardian provides written consent to the
disclosure on a separate form specifically authorizing the
disclosure.
Notwithstanding any other provision
in this section, a counselor, school psychologist, and social worker
shall disclose to a custodial parent or legal guardian of a student
who is an unemancipated minor any information or communication
exchanged privately between the student and the counselor, school
psychologist, or social worker, unless the counselor, school
psychologist, or social worker has reason to suspect the student may
have been subjected or exposed to child abuse, neglect, or other
illegal conduct by that parent or legal guardian. A custodial parent
or legal guardian to whom a counselor, school psychologist, or social
worker must disclose under this section may opt-out of the disclosure
in writing on a form to be provided by the school.
Section 2. That § 26-8A-15 be AMENDED:
26-8A-15. Communications not privileged in child abuse or neglect cases.
The privilege of confidentiality
set forth in §§ 13-10-19,
19-2-3,
19-19-503,
19-19-504,
19-19-508.1,
and 36-26-30
may not be claimed in any judicial proceeding involving an alleged
abused or neglected child or resulting from the giving or causing the
giving of a report concerning abuse or neglect of a child pursuant to
§§ 26-8A-3
to 26-8A-8,
inclusive.
Section 3. That § 19-19-508.1 be REPEALED.
19-19-508.1. Student and counselor, psychologist, or social worker--Exceptions.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.