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(325 ILCS 50/5) (from Ch. 23, par. 2285)
Sec. 5. Duties of school or other entity. (a) Upon notification by the Illinois State Police of a
person's disappearance, a school, preschool educational program, child care facility, or day care home or group day care home in which the person is currently or was
previously enrolled shall flag the record of that person in such a manner
that whenever a copy of or information regarding the record is requested,
the school or other entity shall be alerted to the fact that the record is that of a
missing person. The school or other entity shall immediately report to the Illinois State Police
any request concerning flagged records or knowledge
as to the whereabouts of any missing person. Upon notification by the Illinois State Police
that the missing person has been recovered, the school or other entity
shall
remove the flag from the person's record.
(b) (1) For every child enrolled in a particular
elementary or secondary school, public or private preschool educational program, public or private child care facility licensed under the Child Care Act of 1969, or day care home or group day care home licensed under the Child Care Act of 1969, that school or other entity shall notify in writing the
person enrolling the child that within 30 days he must provide either (i)
a certified copy of the child's birth certificate or (ii) other reliable
proof, as determined by the Illinois State Police, of the child's identity and age
and an affidavit explaining the inability to produce a copy of the birth
certificate. Other reliable proof of the child's identity and age shall
include a passport, visa or other governmental documentation of the child's
identity. When the person enrolling the child provides the school or other entity with a certified copy of the child's birth certificate, the school or other entity shall promptly make a copy of the certified copy for its records and return the original certified copy to the person enrolling the child. Once a school or other entity has been provided with a certified copy of a child's birth certificate as required under item (i) of this subdivision (b)(1), the school or other entity need not request another such certified copy with respect to that child for any other year in which the child is enrolled in that school or other entity.
(2) Upon the failure of a person enrolling a child
to
comply with subsection (b) (1), the school or other entity
shall immediately notify the Illinois State Police
or local law enforcement agency of such failure, and shall
notify the person enrolling the child in writing that he has 10
additional days to comply.
(3) The school or other entity shall immediately report to the Illinois State Police any affidavit
received pursuant to this subsection which appears inaccurate or suspicious
in form or content.
(c) Within 14 days after enrolling a transfer student, the elementary or
secondary school shall request directly from the student's previous school
a certified copy of his record. The requesting school shall exercise due
diligence in obtaining the copy of the record requested. Any elementary
or secondary school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt of the
request unless the record has been flagged pursuant to subsection (a), in
which case the copy shall not be forwarded and the requested school shall
notify the Illinois State Police or local law enforcement authority of the request.
(Source: P.A. 102-538, eff. 8-20-21.)
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