Changes to Existing Law

Student and counselor, psychologist, or social worker-- Exceptions. No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a Except as otherwise required in § 13- 33A-12 or permitted in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, no counselor, school psychologist, or social worker for a private or public elementary or secondary school or school system in the State of South Dakota, employed by a school district or nonpublic school in this state, may divulge to any other person, or be examined concerning any information or communication given to the counselor, school psychologist, or social worker in the counselor's, school psychologist's, or social worker's official capacity by a student unless: (1) This privilege is waived in writing by the student; or 25 Catchlines are not law. (§ 2-16-13.1) (2) The information or communication was made to the counselor, school psychologist, or social worker for the express purpose of being communicated or of being made public; or (3) The counselor, school psychologist, or social worker has reason to suspect, as a result of that information or communication, that the student or some other persons have person has been subjected to child abuse or that the student's physical or mental health or the physical or mental health of other persons another person may be in jeopardy. 8