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91_HB1816ren
HB1816 Re-Enrolled LRB9104519NTsb
1 AN ACT to amend the Illinois School Student Records Act
2 by changing Section 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois School Student Records Act is
6 amended by changing Section 6 as follows:
7 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 6. (a) No school student records or information
10 contained therein may be released, transferred, disclosed or
11 otherwise disseminated, except as follows:
12 (1) To a parent or student or person specifically
13 designated as a representative by a parent, as provided
14 in paragraph (a) of Section 5;
15 (2) To an employee or official of the school or
16 school district or State Board with current demonstrable
17 educational or administrative interest in the student, in
18 furtherance of such interest;
19 (3) To the official records custodian of another
20 school within Illinois or an official with similar
21 responsibilities of a school outside Illinois, in which
22 the student has enrolled, or intends to enroll, upon the
23 request of such official or student;
24 (4) To any person for the purpose of research,
25 statistical reporting or planning, provided that no
26 student or parent can be identified from the information
27 released and the person to whom the information is
28 released signs an affidavit agreeing to comply with all
29 applicable statutes and rules pertaining to school
30 student records;
31 (5) Pursuant to a court order, provided that the
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1 parent shall be given prompt written notice upon receipt
2 of such order of the terms of the order, the nature and
3 substance of the information proposed to be released in
4 compliance with such order and an opportunity to inspect
5 and copy the school student records and to challenge
6 their contents pursuant to Section 7;
7 (6) To any person as specifically required by State
8 or federal law;
9 (7) Subject to regulations of the State Board, in
10 connection with an emergency, to appropriate persons if
11 the knowledge of such information is necessary to protect
12 the health or safety of the student or other persons;
13 (8) To any person, with the prior specific dated
14 written consent of the parent designating the person to
15 whom the records may be released, provided that at the
16 time any such consent is requested or obtained, the
17 parent shall be advised in writing that he has the right
18 to inspect and copy such records in accordance with
19 Section 5, to challenge their contents in accordance with
20 Section 7 and to limit any such consent to designated
21 records or designated portions of the information
22 contained therein; or
23 (9) To a governmental agency, or social service
24 agency contracted by a governmental agency, in
25 furtherance of an investigation of a student's school
26 attendance pursuant to the compulsory student attendance
27 laws of this State, provided that the records are
28 released to the employee or agent designated by the
29 agency; or.
30 (10) To those SHOCAP committee members who fall
31 within the meaning of "state and local officials and
32 authorities", as those terms are used within the meaning
33 of the federal Family Educational Rights and Privacy Act,
34 for the purposes of identifying serious habitual juvenile
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1 offenders and matching those offenders with community
2 resources pursuant to Section 5-145 of the Juvenile Court
3 Act of 1987, but only to the extent that the release,
4 transfer, disclosure, or dissemination is consistent with
5 the Family Educational Rights and Privacy Act.
6 (b) No information may be released pursuant to
7 subparagraphs (3) or (6) of paragraph (a) of this Section 6
8 unless the parent receives prior written notice of the nature
9 and substance of the information proposed to be released, and
10 an opportunity to inspect and copy such records in accordance
11 with Section 5 and to challenge their contents in accordance
12 with Section 7. Provided, however, that such notice shall be
13 sufficient if published in a local newspaper of general
14 circulation or other publication directed generally to the
15 parents involved where the proposed release of information is
16 pursuant to subparagraph 6 of paragraph (a) in this Section 6
17 and relates to more than 25 students.
18 (c) A record of any release of information pursuant to
19 this Section must be made and kept as a part of the school
20 student record and subject to the access granted by Section
21 5. Such record of release shall be maintained for the life of
22 the school student records and shall be available only to the
23 parent and the official records custodian. Each record of
24 release shall also include:
25 (1) The nature and substance of the information
26 released;
27 (2) The name and signature of the official records
28 custodian releasing such information;
29 (3) The name of the person requesting such
30 information, the capacity in which such a request has
31 been made, and the purpose of such request;
32 (4) The date of the release; and
33 (5) A copy of any consent to such release.
34 (d) Except for the student and his parents, no person to
HB1816 Re-Enrolled -4- LRB9104519NTsb
1 whom information is released pursuant to this Section and no
2 person specifically designated as a representative by a
3 parent may permit any other person to have access to such
4 information without a prior consent of the parent obtained in
5 accordance with the requirements of subparagraph (8) of
6 paragraph (a) of this Section.
7 (e) Nothing contained in this Act shall prohibit the
8 publication of student directories which list student names,
9 addresses and other identifying information and similar
10 publications which comply with regulations issued by the
11 State Board.
12 (Source: P.A. 90-566, eff. 1-2-98.)
13 (Text of Section after amendment by P.A. 90-590)
14 Sec. 6. (a) No school student records or information
15 contained therein may be released, transferred, disclosed or
16 otherwise disseminated, except as follows:
17 (1) To a parent or student or person specifically
18 designated as a representative by a parent, as provided
19 in paragraph (a) of Section 5;
20 (2) To an employee or official of the school or
21 school district or State Board with current demonstrable
22 educational or administrative interest in the student, in
23 furtherance of such interest;
24 (3) To the official records custodian of another
25 school within Illinois or an official with similar
26 responsibilities of a school outside Illinois, in which
27 the student has enrolled, or intends to enroll, upon the
28 request of such official or student;
29 (4) To any person for the purpose of research,
30 statistical reporting or planning, provided that no
31 student or parent can be identified from the information
32 released and the person to whom the information is
33 released signs an affidavit agreeing to comply with all
34 applicable statutes and rules pertaining to school
HB1816 Re-Enrolled -5- LRB9104519NTsb
1 student records;
2 (5) Pursuant to a court order, provided that the
3 parent shall be given prompt written notice upon receipt
4 of such order of the terms of the order, the nature and
5 substance of the information proposed to be released in
6 compliance with such order and an opportunity to inspect
7 and copy the school student records and to challenge
8 their contents pursuant to Section 7;
9 (6) To any person as specifically required by State
10 or federal law;
11 (6.5) To juvenile authorities when necessary for
12 the discharge of their official duties who request
13 information prior to adjudication of the student and who
14 certify in writing that the information will not be
15 disclosed to any other party except as provided under law
16 or order of court. For purposes of this Section
17 "juvenile authorities" means: (i) a judge of the circuit
18 court and members of the staff of the court designated by
19 the judge; (ii) parties to the proceedings under the
20 Juvenile Court Act of 1987 and their attorneys; (iii)
21 probation officers and court appointed advocates for the
22 juvenile authorized by the judge hearing the case; (iv)
23 any individual, public or private agency having custody
24 of the child pursuant to court order; (v) any individual,
25 public or private agency providing education, medical or
26 mental health service to the child when the requested
27 information is needed to determine the appropriate
28 service or treatment for the minor; (vi) any potential
29 placement provider when such release is authorized by the
30 court for the limited purpose of determining the
31 appropriateness of the potential placement; (vii) law
32 enforcement officers and prosecutors; (viii) adult and
33 juvenile prisoner review boards; (ix) authorized military
34 personnel; (x) individuals authorized by court;
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1 (7) Subject to regulations of the State Board, in
2 connection with an emergency, to appropriate persons if
3 the knowledge of such information is necessary to protect
4 the health or safety of the student or other persons;
5 (8) To any person, with the prior specific dated
6 written consent of the parent designating the person to
7 whom the records may be released, provided that at the
8 time any such consent is requested or obtained, the
9 parent shall be advised in writing that he has the right
10 to inspect and copy such records in accordance with
11 Section 5, to challenge their contents in accordance with
12 Section 7 and to limit any such consent to designated
13 records or designated portions of the information
14 contained therein; or
15 (9) To a governmental agency, or social service
16 agency contracted by a governmental agency, in
17 furtherance of an investigation of a student's school
18 attendance pursuant to the compulsory student attendance
19 laws of this State, provided that the records are
20 released to the employee or agent designated by the
21 agency; or.
22 (10) To those SHOCAP committee members who fall
23 within the meaning of "state and local officials and
24 authorities", as those terms are used within the meaning
25 of the federal Family Educational Rights and Privacy Act,
26 for the purposes of identifying serious habitual juvenile
27 offenders and matching those offenders with community
28 resources pursuant to Section 5-145 of the Juvenile Court
29 Act of 1987, but only to the extent that the release,
30 transfer, disclosure, or dissemination is consistent with
31 the Family Educational Rights and Privacy Act.
32 (b) No information may be released pursuant to
33 subparagraphs (3) or (6) of paragraph (a) of this Section 6
34 unless the parent receives prior written notice of the nature
HB1816 Re-Enrolled -7- LRB9104519NTsb
1 and substance of the information proposed to be released, and
2 an opportunity to inspect and copy such records in accordance
3 with Section 5 and to challenge their contents in accordance
4 with Section 7. Provided, however, that such notice shall be
5 sufficient if published in a local newspaper of general
6 circulation or other publication directed generally to the
7 parents involved where the proposed release of information is
8 pursuant to subparagraph 6 of paragraph (a) in this Section 6
9 and relates to more than 25 students.
10 (c) A record of any release of information pursuant to
11 this Section must be made and kept as a part of the school
12 student record and subject to the access granted by Section
13 5. Such record of release shall be maintained for the life of
14 the school student records and shall be available only to the
15 parent and the official records custodian. Each record of
16 release shall also include:
17 (1) The nature and substance of the information
18 released;
19 (2) The name and signature of the official records
20 custodian releasing such information;
21 (3) The name of the person requesting such
22 information, the capacity in which such a request has
23 been made, and the purpose of such request;
24 (4) The date of the release; and
25 (5) A copy of any consent to such release.
26 (d) Except for the student and his parents, no person to
27 whom information is released pursuant to this Section and no
28 person specifically designated as a representative by a
29 parent may permit any other person to have access to such
30 information without a prior consent of the parent obtained in
31 accordance with the requirements of subparagraph (8) of
32 paragraph (a) of this Section.
33 (e) Nothing contained in this Act shall prohibit the
34 publication of student directories which list student names,
HB1816 Re-Enrolled -8- LRB9104519NTsb
1 addresses and other identifying information and similar
2 publications which comply with regulations issued by the
3 State Board.
4 (Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00;
5 revised 9-16-98.)
6 Section 95. No acceleration or delay. Where this Act
7 makes changes in a statute that is represented in this Act by
8 text that is not yet or no longer in effect (for example, a
9 Section represented by multiple versions), the use of that
10 text does not accelerate or delay the taking effect of (i)
11 the changes made by this Act or (ii) provisions derived from
12 any other Public Act.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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