§ 5945. Confidential communications to school personnel.
(a) General rule.--No guidance counselor, school nurse, school psychologist, or home and school visitor
in the public schools or in private or parochial schools or other educational institutions
providing elementary or secondary education, including any clerical worker of such
schools and institutions, who, while in the course of his professional or clerical
duties for a guidance counselor, home and school visitor, school nurse or school psychologist,
has acquired information from a student in confidence shall be compelled or allowed:
(1) without the consent of the student, if the student is 18 years of age or over; or
(2) without the consent of his parent or guardian, if the student is under the age of
18 years;
to disclose such information in any legal proceeding, trial, or investigation before
any government unit.
(b) Exemption.--Notwithstanding subsection (a), no such person shall be excused or prevented from
complying with 23 Pa.C.S. Ch. 63 (relating to child protective services).
(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
Cross References. Section 5945 is referred to in sections 4415, 4436 of this title; sections 566, 586
of Title 2 (Administrative Law and Procedure).
Notes of Decisions
Commonwealth v. Mitchell, 902 A.2d 430 (Pa. 2006).
· cites it 3× “Britton and him was that of guidance counselor and student, and therefore, any communications between them were confidential and privileged under 42 Pa.C.S. § 5945(a), which provides in relevant part: *60 § 5945.”
Commonwealth v. Ritchie, 502 A.2d 148 (Pa. 1985).
· cites it 2× “§ 5944; or school personnel, 42 Pa.C.S. § 5945; or sexual assault counsellors, 42 Pa.”
In re Robert H., 509 A.2d 475 (Conn. 1986).
“42 Pa. Cons. Stat. Ann. § 5945 (Purdon 1982).”
Matter of Adoption of Embick, 506 A.2d 455 (Pa. 1986).
“§ 5944; confidential communications to school personnel, 42 Pa.C.S. § 5945 and, most recently, confidential communications with sexual assault counselors, 42 Pa.”
Bradshaw v. Rawlings, 612 F.2d 135 (3rd Cir. 1979).
“42 Pa.C.S. § 5945. . 51 Pa.C.S. § 301 (seventeen years, six months).”
Teti v. Huron Ins., 914 F. Supp. 1132 (E.D. Pa. 1996).
“§ 10001 (West 1995) (consent to donate blood ineffective if less than seventeen years-old); 42 Pa.Cons.Stat. § 5945 (West 1995) (consent to disclosure of confidential communications to school personnel ineffective if less than eighteen year-old); 75 Pa.”
Commonwealth v. Hyatt, 584 A.2d 956 (Pa. Super. Ct. 1990).
· cites it 2× “§ 5943, Confidential communications to clergymen, and 42 Pa.C.S. § 5945, Confidential communications to school personnel.”
Segraves v. Smith (M.D. Penn. 2020).
· cites it 2× “Ground Three: Trial counsel was ineffective for not submitting a pre- trial motion for the testimony of Ken[t] Baldwin, stating the prosecution breached 42 Pa.C.S. § 5945 and actively used the relationship with the alleged victim to further the aims of their case?2 D.”
— 42 Pa. Cons. Stat. § 5945(a) — 1 case
Commonwealth v. Mitchell, 902 A.2d 430 (Pa. 2006).
“Britton and him was that of guidance counselor and student, and therefore, any communications between them were confidential and privileged under 42 Pa.C.S. § 5945(a), which provides in relevant part: *60 § 5945.”
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