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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | ||||||||||||||||||||||||
5 | 22-90 as follows:
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6 | (105 ILCS 5/22-90 new) | ||||||||||||||||||||||||
7 | Sec. 22-90. Mental Health Task Force for Communication, | ||||||||||||||||||||||||
8 | Intelligence, Empathy, Emotion, and Empowerment. | ||||||||||||||||||||||||
9 | (a) The General Assembly makes all of the following | ||||||||||||||||||||||||
10 | findings: | ||||||||||||||||||||||||
11 | (1) Mental health is not specific to any faith, color, | ||||||||||||||||||||||||
12 | community, gender, or socioeconomic standard. It applies | ||||||||||||||||||||||||
13 | to everyone. It impacts everyone. Access and availability | ||||||||||||||||||||||||
14 | to mental health services is a human right. A right that | ||||||||||||||||||||||||
15 | should be available to all people. The removal of the | ||||||||||||||||||||||||
16 | stigma that society has historically placed upon those | ||||||||||||||||||||||||
17 | seeking to obtain mental health services begins with | ||||||||||||||||||||||||
18 | education and accessibility to mental health services for | ||||||||||||||||||||||||
19 | all persons. Removing the stigma of mental health care | ||||||||||||||||||||||||
20 | could be one of the greatest gifts that our State can give | ||||||||||||||||||||||||
21 | to our children and to our society and a standard that | ||||||||||||||||||||||||
22 | other states should follow. | ||||||||||||||||||||||||
23 | (2) The State of Illinois has a social and ethical
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1 | responsibility to help guide Illinois youth by providing | ||||||
2 | necessary resources for mental health care. Providing | ||||||
3 | resources for students to learn how to effectively | ||||||
4 | articulate their thoughts and feelings and to become | ||||||
5 | emotionally responsible shall provide the tools and skill | ||||||
6 | sets needed to succeed professionally and personally | ||||||
7 | throughout the course of a lifetime. | ||||||
8 | (3) Our schools and educational systems continue to | ||||||
9 | operate with the highest of expectations and with minimal | ||||||
10 | resources. We can no longer ask or expect our schools and | ||||||
11 | educators to fill the much-needed gaps in mental health | ||||||
12 | development, including social and personal growth. | ||||||
13 | Additional resources are necessary to address and resolve | ||||||
14 | significant social problems and issues that include, but | ||||||
15 | are not limited to, mass shootings, racism, | ||||||
16 | cyber-bullying, special needs, adaptation to emerging | ||||||
17 | technologies, the unknown long-term consequences of the | ||||||
18 | use of those technologies, a global pandemic, human | ||||||
19 | trafficking, and unspeakable trauma and abuse. | ||||||
20 | (b) The Mental Health Task Force for Communication, | ||||||
21 | Intelligence, Empathy, Emotion, and Empowerment is created as | ||||||
22 | a proactive and preventative approach to protect and empower | ||||||
23 | our State and nation. | ||||||
24 | (c) The primary purpose of this task force is to explore | ||||||
25 | and determine a method and program for all students in primary | ||||||
26 | and secondary school to receive mandated mental health care. |
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1 | The overarching intent of the program is to provide open | ||||||
2 | access to mental health care for everyone, but the program
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3 | shall begin with students enrolled in grades kindergarten | ||||||
4 | through 12. The goals of mandated health care are to: | ||||||
5 | (1) create empathy in students for other students | ||||||
6 | whose needs may differ from their own; | ||||||
7 | (2) teach emotional responsibility and empowerment; | ||||||
8 | (3) remove the stigma of seeing a mental health
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9 | provider through exposure and education; | ||||||
10 | (4) normalize counseling by also approaching it as a | ||||||
11 | sort of life-coaching application to which all students | ||||||
12 | should have access; | ||||||
13 | (5) teach and develop interest in the field of mental | ||||||
14 | health so that our youth will have a solid and applicable | ||||||
15 | approach as needs change with evolving emerging | ||||||
16 | technologies; | ||||||
17 | (6) ensure that the science of psychology evolves with | ||||||
18 | advancements in technology by normalizing mental health | ||||||
19 | care and incorporating it into the daily lives of future | ||||||
20 | mental health care providers; | ||||||
21 | (7) determine a method for the collection of data for | ||||||
22 | evaluating the needs, progress, and successes of the | ||||||
23 | program that does not reveal or expose student identities; | ||||||
24 | (8) determine data markers that may be delineated | ||||||
25 | geographically for the purpose of future funding and the | ||||||
26 | allocation of resources, with the resources required to |
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1 | collect, store, and administer the data being reported in | ||||||
2 | the findings submitted by the task force under subsection
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3 | (j); and | ||||||
4 | (9) establish consistent and clear procedures among | ||||||
5 | State and local agencies concerning the manner in which | ||||||
6 | the mental health records of students are legally | ||||||
7 | collected, stored, sealed, and expunged under the program. | ||||||
8 | (d) Members of this task force shall represent the | ||||||
9 | magnitude and importance of mandated mental health care and | ||||||
10 | mental health education for students. This task force shall | ||||||
11 | include all of the following members: | ||||||
12 | (1) Ten professional mental health providers whose | ||||||
13 | licensure and practice specialize in child and adolescent | ||||||
14 | care, who employ culturally sensitive, evidence-based | ||||||
15 | practices, and who hold current and good standing | ||||||
16 | licensure in the State of Illinois that has never been | ||||||
17 | suspended or revoked as follows: | ||||||
18 | (A) Two professional clinical psychologists | ||||||
19 | licensed under the Clinical Psychologist Licensing Act | ||||||
20 | as follows: | ||||||
21 | (i) One clinical psychologist appointed by the | ||||||
22 | Governor. | ||||||
23 | (ii) One clinical psychologist appointed by | ||||||
24 | the Lieutenant Governor. | ||||||
25 | (B) Two psychiatrists licensed under the Medical | ||||||
26 | Practice Act of 1987 as follows: |
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1 | (i) One psychiatrist appointed by the | ||||||
2 | Governor. | ||||||
3 | (ii) One psychiatrist appointed by the | ||||||
4 | Lieutenant Governor. | ||||||
5 | (C) Two professional clinical social workers | ||||||
6 | licensed under the Clinical Social Work and Social | ||||||
7 | Work Practice Act as follows: | ||||||
8 | (i) One clinical social worker appointed by | ||||||
9 | the Governor. | ||||||
10 | (ii) One clinical social worker appointed by | ||||||
11 | the Lieutenant Governor. | ||||||
12 | (D) One clinical professional counselor and one | ||||||
13 | professional counselor licensed under the Professional | ||||||
14 | Counselor and Clinical Professional Counselor | ||||||
15 | Licensing and Practice Act as follows: | ||||||
16 | (i) One clinical professional counselor | ||||||
17 | appointed by the Governor. | ||||||
18 | (ii) One professional counselor appointed by | ||||||
19 | the Lieutenant Governor. | ||||||
20 | (E) Two licensed marriage and family therapists | ||||||
21 | licensed under the Marriage and Family Therapy | ||||||
22 | Licensing Act as follows: | ||||||
23 | (i) One marriage and family therapist | ||||||
24 | appointed by the Governor. | ||||||
25 | (ii) One marriage and family therapist | ||||||
26 | appointed by the Lieutenant Governor. |
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1 | (2) One full-time school nurse or one nurse who is a | ||||||
2 | member of the United States Congress licensed under the | ||||||
3 | Nurse Practice Act and holding current and good standing | ||||||
4 | licensure in the State of Illinois that has never been | ||||||
5 | suspended or revoked, appointed by the Lieutenant | ||||||
6 | Governor. | ||||||
7 | (3) Six members of the General Assembly as follows: | ||||||
8 | (A) Two members of the General Assembly who are | ||||||
9 | appointed by the Speaker of the House of | ||||||
10 | Representatives. | ||||||
11 | (B) Two members of the General Assembly who are | ||||||
12 | appointed by the President of the Senate. | ||||||
13 | (C) One member of the General Assembly who is | ||||||
14 | appointed by the Minority Leader of the House of | ||||||
15 | Representatives. | ||||||
16 | (D) One member of the General Assembly who is | ||||||
17 | appointed by the Minority Leader of the Senate. | ||||||
18 | (4) Four school board members who are appointed by the | ||||||
19 | Illinois Association of School Boards as follows: | ||||||
20 | (A) One member of the Chicago Board of Education. | ||||||
21 | (B) One school board member of a school district
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22 | other than City of Chicago School District 299 that is | ||||||
23 | located north of Interstate 80. | ||||||
24 | (C) One school board member of a school district | ||||||
25 | located south of Interstate 80 and north of Interstate | ||||||
26 | 72. |
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1 | (D) One school board member of a school district | ||||||
2 | located south of Interstate 72. | ||||||
3 | (5) Three school district superintendents from the | ||||||
4 | geographic regions identified by the Illinois Association | ||||||
5 | of Regional Superintendents of Schools and who are | ||||||
6 | appointed by the Illinois Association of School | ||||||
7 | Administrators as follows: | ||||||
8 | (A) One superintendent from region 1 or 2. | ||||||
9 | (B) One superintendent from region 3 or 4. | ||||||
10 | (C) One superintendent from region 5 or 6. | ||||||
11 | (6) Three full-time principals appointed by the State | ||||||
12 | Board of Education as follows: | ||||||
13 | (A) One full-time principal of a primary school. | ||||||
14 | (B) One full-time principal of a secondary school. | ||||||
15 | (C) One full-time principal of a special education
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16 | school. | ||||||
17 | (7) Three full-time teachers appointed by the State | ||||||
18 | Board of Education as follows: | ||||||
19 | (A) One full-time teacher of a primary school. | ||||||
20 | (B) One full-time teacher of a secondary school. | ||||||
21 | (C) One full-time special education teacher. | ||||||
22 | (8) Three parents who have children currently enrolled | ||||||
23 | in a primary or secondary school and who are appointed by | ||||||
24 | the State Board of Education as follows: | ||||||
25 | (A) One parent who has a child enrolled in a public | ||||||
26 | school. |
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1 | (B) One parent who has a child enrolled in a | ||||||
2 | nonpublic school. | ||||||
3 | (C) One parent who has a child with special needs
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4 | enrolled in a public or nonpublic school. | ||||||
5 | (9) Two members who represent emerging technology | ||||||
6 | industries, preferably with a strong presence in science, | ||||||
7 | technology, engineering, arts, and mathematics (STEAM) | ||||||
8 | programs, as follows: | ||||||
9 | (A) One member appointed by the Governor. | ||||||
10 | (B) One member appointed by the Lieutenant | ||||||
11 | Governor. | ||||||
12 | (10) Three student representatives as follows: | ||||||
13 | (A) One high school student who, for the duration | ||||||
14 | of the task force, is in attendance at a high school | ||||||
15 | located north of Interstate 80 and who is appointed by | ||||||
16 | the Governor. | ||||||
17 | (B) One high school student who, for the duration | ||||||
18 | of the task force, is in attendance at a high school | ||||||
19 | located south of Interstate 80 and north of Interstate | ||||||
20 | 72 and who is appointed by the Lieutenant Governor. | ||||||
21 | (C) One high school student who, for the duration | ||||||
22 | of the task force, is in attendance at a high school | ||||||
23 | located south of Interstate 72 and who is appointed by | ||||||
24 | the Governor. | ||||||
25 | To assist the task force in establishing the best legal | ||||||
26 | and ethical practices for protecting the privacy, |
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1 | confidentiality, and identity of students who participate in | ||||||
2 | the program and to ensure consistency in the application of | ||||||
3 | these practices, as well as laws, among State agencies and | ||||||
4 | entities, the State Board of Education shall consult, as | ||||||
5 | necessary, with the appropriate agencies and entities who | ||||||
6 | handle and administer the legal, safety, or reform interests | ||||||
7 | of juveniles. | ||||||
8 | (e) The task force shall meet initially at the call of the | ||||||
9 | State Board of Education within 45 days after the effective | ||||||
10 | date of this amendatory Act of the 102nd General Assembly and | ||||||
11 | shall thereafter meet at the call of the State Board of | ||||||
12 | Education. At its initial meeting, the task force shall elect | ||||||
13 | a chairperson or chairpersons and any other officers it deems | ||||||
14 | appropriate from among its members and shall establish and | ||||||
15 | approve a meeting schedule under the advisement of the State | ||||||
16 | Board of Education. The task force shall meet by | ||||||
17 | videoconference, teleconference, or any other method | ||||||
18 | determined to be an efficient use of State resources by the | ||||||
19 | State Board of Education. | ||||||
20 | (f) Due to the size of the task force, the State Board of | ||||||
21 | Education and the chairperson or chairpersons of the task | ||||||
22 | force shall, at the task force's initial meeting, determine a | ||||||
23 | scalable means to efficiently administer the task force. | ||||||
24 | Options may include that one member from each group or | ||||||
25 | profession represented on the task force be selected to | ||||||
26 | represent that member's designated group or profession or that |
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1 | members of each group or profession alternate their attendance | ||||||
2 | at meetings. If an appropriate scalability is determined, it | ||||||
3 | shall be the responsibility of the members of each group or | ||||||
4 | profession to communicate within their group or profession | ||||||
5 | about the agenda of each meeting and to also confirm which | ||||||
6 | member will be in attendance. To promote efficiency and | ||||||
7 | transparency among the members of the task force, the State | ||||||
8 | Board of Education may arrange for a shared channel or other | ||||||
9 | similar means of electronic communication for members of the | ||||||
10 | task force to communicate with each other and to upload | ||||||
11 | documents. The State Board of Education and the chairperson or | ||||||
12 | chairpersons of the task force may collaborate with other | ||||||
13 | State task forces whose missions are similar in purpose and | ||||||
14 | nature to the task force created under this Section. | ||||||
15 | (g) Members of the task force shall serve without | ||||||
16 | compensation but shall be reimbursed for their reasonable and | ||||||
17 | necessary expenses from funds appropriated to the State Board | ||||||
18 | of Education for that purpose, including travel, subject to | ||||||
19 | the rules of the appropriate travel control board. | ||||||
20 | (h) The task force shall receive administrative and other | ||||||
21 | support from the State Board of Education. Additionally, the | ||||||
22 | Department of Innovation and Technology may provide technical | ||||||
23 | advice and guidance to the task force on the collection of | ||||||
24 | data. | ||||||
25 | (i) The task force shall determine the feasibility and | ||||||
26 | funding of and the best course of action to implement the |
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1 | program. This course of action shall include the type of | ||||||
2 | provider or providers and the frequency of seeing the provider | ||||||
3 | or providers. The course of action may include pilot programs | ||||||
4 | throughout this State, including pilot programs that use and | ||||||
5 | provide access to telehealth services as described under the | ||||||
6 | Telehealth Act. | ||||||
7 | (j) The task force shall submit a report of its findings to | ||||||
8 | the Governor and the General Assembly on or before December | ||||||
9 | 31, 2022. Once the task force has submitted its report and a | ||||||
10 | positive course of action is set in place, all of the following | ||||||
11 | shall apply: | ||||||
12 | (1) A parent or guardian of a student has the option to | ||||||
13 | exclude the student from the program. | ||||||
14 | (2) Mental health records may not become a part of the | ||||||
15 | student's school record. | ||||||
16 | (3) Safety standards in mental health and child care | ||||||
17 | reporting shall remain in place. | ||||||
18 | (k) The task force is dissolved upon submission of its | ||||||
19 | report under subsection (j). | ||||||
20 | (l) This Section is repealed on January 1, 2023.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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