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Public Act 096-0628


 

Public Act 0628 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0628
 
SB1508 Enrolled LRB096 07674 NHT 17775 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois School Student Records Act is
amended by changing Section 5 as follows:
 
    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
    Sec. 5. (a) A parent or any person specifically designated
as a representative by a parent shall have the right to inspect
and copy all school student permanent and temporary records of
that parent's child. A student shall have the right to inspect
and copy his or her school student permanent record. No person
who is prohibited by an order of protection from inspecting or
obtaining school records of a student pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
shall have any right of access to, or inspection of, the school
records of that student. If a school's principal or person with
like responsibilities or his designee has knowledge of such
order of protection, the school shall prohibit access or
inspection of the student's school records by such person.
    (b) Whenever access to any person is granted pursuant to
paragraph (a) of this Section, at the option of either the
parent or the school a qualified professional, who may be a
psychologist, counsellor or other advisor, and who may be an
employee of the school or employed by the parent, may be
present to interpret the information contained in the student
temporary record. If the school requires that a professional be
present, the school shall secure and bear any cost of the
presence of the professional. If the parent so requests, the
school shall secure and bear any cost of the presence of a
professional employed by the school.
    (c) A parent's or student's request to inspect and copy
records, or to allow a specifically designated representative
to inspect and copy records, must be granted within a
reasonable time, and in no case later than 15 school days after
the date of receipt of such request by the official records
custodian.
    (d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts
fixed in schedules adopted by the State Board, to any person
permitted to copy such records, except that no parent or
student shall be denied a copy of school student records as
permitted under this Section 5 for inability to bear the cost
of such copying.
    (e) Nothing contained in this Section 5 shall make
available to a parent or student confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary recognition,
provided such letters and statements are not used for purposes
other than those for which they were specifically intended, and
        (1) were placed in a school student record prior to
    January 1, 1975; or
        (2) the student has waived access thereto after being
    advised of his right to obtain upon request the names of
    all such persons making such confidential recommendations.
    (f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
        (1) Communications otherwise protected by law as
    privileged or confidential, including but not limited to,
    information communicated in confidence to a physician,
    psychologist or other psychotherapist, school social
    worker, school counselor, school psychologist, or school
    social worker, school counselor, or school psychologist
    intern who works under the direct supervision of a school
    social worker, school counselor, or school psychologist;
    or
        (2) Information which is communicated by a student or
    parent in confidence to school personnel; or
        (3) Information which is communicated by a student,
    parent, or guardian to a law enforcement professional
    working in the school, except as provided by court order.
    (g) No school employee shall be subjected to adverse
employment action, the threat of adverse employment action, or
any manner of discrimination because the employee is acting or
has acted to protect communications as privileged or
confidential pursuant to applicable provisions of State or
federal law or rule or regulation.
(Source: P.A. 90-590, eff. 1-1-00.)

Effective Date: 1/1/2010