State of Illinois
91st General Assembly
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Public Act 91-0665

HB1816 Re-Enrolled                             LRB9104519NTsb

    AN ACT to amend the Illinois School Student  Records  Act
by changing Section 6.

    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 6 as follows:

    (105 ILCS 10/6) (from Ch. 122, par. 50-6)
    (Text of Section before amendment by P.A. 90-590)
    Sec.  6.  (a)  No  school  student records or information
contained therein may be released, transferred, disclosed  or
otherwise disseminated, except as follows:
         (1)  To  a  parent or student or person specifically
    designated as a representative by a parent,  as  provided
    in paragraph (a) of Section 5;
         (2)  To  an  employee  or  official of the school or
    school district or State Board with current  demonstrable
    educational or administrative interest in the student, in
    furtherance of such interest;
         (3)  To  the  official  records custodian of another
    school  within  Illinois  or  an  official  with  similar
    responsibilities of a school outside Illinois,  in  which
    the  student has enrolled, or intends to enroll, upon the
    request of such official or student;
         (4)  To any person  for  the  purpose  of  research,
    statistical  reporting  or  planning,  provided  that  no
    student  or parent can be identified from the information
    released and  the  person  to  whom  the  information  is
    released  signs  an affidavit agreeing to comply with all
    applicable  statutes  and  rules  pertaining  to   school
    student records;
         (5)  Pursuant  to  a  court order, provided that the
    parent shall be given prompt written notice upon  receipt
    of  such  order of the terms of the order, the nature and
    substance of the information proposed to be  released  in
    compliance  with such order and an opportunity to inspect
    and copy the school  student  records  and  to  challenge
    their contents pursuant to Section 7;
         (6)  To any person as specifically required by State
    or federal law;
         (7)  Subject  to  regulations of the State Board, in
    connection with an emergency, to appropriate  persons  if
    the knowledge of such information is necessary to protect
    the health or safety of the student or other persons;
         (8)  To  any  person,  with the prior specific dated
    written consent of the parent designating the  person  to
    whom  the  records  may be released, provided that at the
    time any such  consent  is  requested  or  obtained,  the
    parent  shall be advised in writing that he has the right
    to inspect and  copy  such  records  in  accordance  with
    Section 5, to challenge their contents in accordance with
    Section  7  and  to  limit any such consent to designated
    records  or  designated  portions  of   the   information
    contained therein; or
         (9)  To  a  governmental  agency,  or social service
    agency  contracted   by   a   governmental   agency,   in
    furtherance  of  an  investigation  of a student's school
    attendance pursuant to the compulsory student  attendance
    laws  of  this  State,  provided  that  the  records  are
    released  to  the  employee  or  agent  designated by the
    agency; or.
         (10)  To those SHOCAP  committee  members  who  fall
    within  the  meaning  of  "state  and local officials and
    authorities", as those terms are used within the  meaning
    of the federal Family Educational Rights and Privacy Act,
    for the purposes of identifying serious habitual juvenile
    offenders  and  matching  those  offenders with community
    resources pursuant to Section 5-145 of the Juvenile Court
    Act of 1987, but only to the  extent  that  the  release,
    transfer, disclosure, or dissemination is consistent with
    the Family Educational Rights and Privacy Act.
    (b)  No   information   may   be   released  pursuant  to
subparagraphs  (3) or (6) of paragraph (a) of this Section  6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with  Section 5 and to challenge their contents in accordance
with Section 7.  Provided, however, that such notice shall be
sufficient if published  in  a  local  newspaper  of  general
circulation  or  other  publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
    (c)  A record of any release of information  pursuant  to
this  Section  must  be made and kept as a part of the school
student record and subject to the access granted  by  Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent  and  the  official  records custodian. Each record of
release shall also include:
         (1)  The nature and  substance  of  the  information
    released;
         (2)  The  name and signature of the official records
    custodian releasing such information;
         (3)  The  name  of  the   person   requesting   such
    information,  the  capacity  in  which such a request has
    been made, and the purpose of such request;
         (4)  The date of the release; and
         (5)  A copy of any consent to such release.
    (d)  Except for the student and his parents, no person to
whom information is released pursuant to this Section and  no
person  specifically  designated  as  a  representative  by a
parent may permit any other person to  have  access  to  such
information without a prior consent of the parent obtained in
accordance  with  the  requirements  of  subparagraph  (8) of
paragraph (a) of this Section.
    (e)  Nothing contained in this  Act  shall  prohibit  the
publication  of student directories which list student names,
addresses  and  other  identifying  information  and  similar
publications which comply  with  regulations  issued  by  the
State Board.
(Source: P.A. 90-566, eff. 1-2-98.)

    (Text of Section after amendment by P.A. 90-590)
    Sec.  6.   (a)   No school student records or information
contained therein may be released, transferred, disclosed  or
otherwise disseminated, except as follows:
         (1)  To  a  parent or student or person specifically
    designated as a representative by a parent,  as  provided
    in paragraph (a) of Section 5;
         (2)  To  an  employee  or  official of the school or
    school district or State Board with current  demonstrable
    educational or administrative interest in the student, in
    furtherance of such interest;
         (3)  To  the  official  records custodian of another
    school  within  Illinois  or  an  official  with  similar
    responsibilities of a school outside Illinois,  in  which
    the  student has enrolled, or intends to enroll, upon the
    request of such official or student;
         (4)  To any person  for  the  purpose  of  research,
    statistical  reporting  or  planning,  provided  that  no
    student  or parent can be identified from the information
    released and  the  person  to  whom  the  information  is
    released  signs  an affidavit agreeing to comply with all
    applicable  statutes  and  rules  pertaining  to   school
    student records;
         (5)  Pursuant  to  a  court order, provided that the
    parent shall be given prompt written notice upon  receipt
    of  such  order of the terms of the order, the nature and
    substance of the information proposed to be  released  in
    compliance  with such order and an opportunity to inspect
    and copy the school  student  records  and  to  challenge
    their contents pursuant to Section 7;
         (6)  To any person as specifically required by State
    or federal law;
         (6.5)  To  juvenile  authorities  when necessary for
    the  discharge  of  their  official  duties  who  request
    information prior to adjudication of the student and  who
    certify  in  writing  that  the  information  will not be
    disclosed to any other party except as provided under law
    or  order  of  court.   For  purposes  of  this   Section
    "juvenile  authorities" means: (i) a judge of the circuit
    court and members of the staff of the court designated by
    the judge; (ii) parties  to  the  proceedings  under  the
    Juvenile  Court  Act  of  1987 and their attorneys; (iii)
    probation officers and court appointed advocates for  the
    juvenile  authorized by the judge hearing the case;  (iv)
    any individual, public or private agency  having  custody
    of the child pursuant to court order; (v) any individual,
    public  or private agency providing education, medical or
    mental health service to the  child  when  the  requested
    information   is  needed  to  determine  the  appropriate
    service or treatment for the minor;  (vi)  any  potential
    placement provider when such release is authorized by the
    court   for   the  limited  purpose  of  determining  the
    appropriateness of the  potential  placement;  (vii)  law
    enforcement  officers  and  prosecutors; (viii) adult and
    juvenile prisoner review boards; (ix) authorized military
    personnel; (x) individuals authorized by court;
         (7)  Subject to regulations of the State  Board,  in
    connection  with  an emergency, to appropriate persons if
    the knowledge of such information is necessary to protect
    the health or safety of the student or other persons;
         (8)  To any person, with the  prior  specific  dated
    written  consent  of the parent designating the person to
    whom the records may be released, provided  that  at  the
    time  any  such  consent  is  requested  or obtained, the
    parent shall be advised in writing that he has the  right
    to  inspect  and  copy  such  records  in accordance with
    Section 5, to challenge their contents in accordance with
    Section 7 and to limit any  such  consent  to  designated
    records   or   designated  portions  of  the  information
    contained therein; or
         (9)  To a governmental  agency,  or  social  service
    agency   contracted   by   a   governmental   agency,  in
    furtherance of an investigation  of  a  student's  school
    attendance  pursuant to the compulsory student attendance
    laws  of  this  State,  provided  that  the  records  are
    released to the  employee  or  agent  designated  by  the
    agency; or.
         (10)  To  those  SHOCAP  committee  members who fall
    within the meaning of  "state  and  local  officials  and
    authorities",  as those terms are used within the meaning
    of the federal Family Educational Rights and Privacy Act,
    for the purposes of identifying serious habitual juvenile
    offenders and matching  those  offenders  with  community
    resources pursuant to Section 5-145 of the Juvenile Court
    Act  of  1987,  but  only to the extent that the release,
    transfer, disclosure, or dissemination is consistent with
    the Family Educational Rights and Privacy Act.
    (b)  No  information  may   be   released   pursuant   to
subparagraphs   (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in  accordance
with Section 7.  Provided, however, that such notice shall be
sufficient  if  published  in  a  local  newspaper of general
circulation or other publication directed  generally  to  the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
    (c)  A  record  of any release of information pursuant to
this Section must be made and kept as a part  of  the  school
student  record  and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records  custodian.  Each  record  of
release shall also include:
         (1)  The  nature  and  substance  of the information
    released;
         (2)  The name and signature of the official  records
    custodian releasing such information;
         (3)  The   name   of   the  person  requesting  such
    information, the capacity in which  such  a  request  has
    been made, and the purpose of such request;
         (4)  The date of the release; and
         (5)  A copy of any consent to such release.
    (d)  Except for the student and his parents, no person to
whom  information is released pursuant to this Section and no
person specifically  designated  as  a  representative  by  a
parent  may  permit  any  other person to have access to such
information without a prior consent of the parent obtained in
accordance with  the  requirements  of  subparagraph  (8)  of
paragraph (a) of this Section.
    (e)  Nothing  contained  in  this  Act shall prohibit the
publication of student directories which list student  names,
addresses  and  other  identifying  information  and  similar
publications  which  comply  with  regulations  issued by the
State Board.
(Source: P.A.  90-566,  eff.  1-2-98;  90-590,  eff.  1-1-00;
revised 9-16-98.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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