Illinois General Assembly - Full Text of Public Act 095-0439
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Public Act 095-0439


 

Public Act 0439 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0439
 
HB0250 Enrolled LRB095 03743 DRJ 23772 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Missing Children Records Act is amended by
changing Section 5 as follows:
 
    (325 ILCS 50/5)  (from Ch. 23, par. 2285)
    Sec. 5. Duties of school or other entity School duties.
    (a) Upon notification by the Department 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 Department any request concerning
flagged records or knowledge as to the whereabouts of any
missing person. Upon notification by the Department that the
missing person has been recovered, the school or other entity
shall remove the flag from the person's record.
    (b) (1) Upon enrollment of a child student for the first
time 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 student that within 30
days he must provide either (i) a certified copy of the child's
student's birth certificate or (ii) other reliable proof, as
determined by the Department, of the child's student'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 student's identity and age shall include a passport,
visa or other governmental documentation of the child's
identity.
    (2) Upon the failure of a person enrolling a child student
to comply with subsection (b) (1), the school or other entity
shall immediately notify the Department or local law
enforcement agency of such failure, and shall notify the person
enrolling the child student in writing that he has 10
additional days to comply.
    (3) The school or other entity shall immediately report to
the Department 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 Department or local
law enforcement authority of the request.
(Source: P.A. 84-1430.)

Effective Date: 1/1/2008