Public Act 93-0404
SB490 Enrolled LRB093 10639 NHT 10946 b
AN ACT regarding schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Sections
2-3.131, 3-14.29, 10-28, 22-35, and 34-18.26 and changing
Section 3-14 as follows:
(105 ILCS 5/2-3.131 new)
Sec. 2-3.131. Sharing information on school lunch
applicants. The State Board of Education shall, whenever
requested by the Department of Public Aid, agree in writing
with the Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as provided
in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI
of the federal Social Security Act) to share with the
Department of Public Aid information on applicants for free
or reduced-price lunches. This sharing of information shall
be for the sole purpose of helping the Department of Public
Aid identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance
Program or both as allowed under 42 U.S.C. Sec.
1758(b)(2)(C)(iii)(IV) and under the restrictions set forth
in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii). The State
Board of Education may not adopt any rule that would prohibit
a child from receiving any form of subsidy or benefit due to
his or her parent or guardian withholding consent under
Section 22-35 of this Code.
(105 ILCS 5/3-14) (from Ch. 122, par. 3-14)
Sec. 3-14. Duties of regional superintendent. The
regional superintendent of schools shall perform the duties
enumerated in the following Sections preceding Section 3-15
3-14.1 through 3-14.25.
(Source: P.A. 83-503.)
(105 ILCS 5/3-14.29 new)
Sec. 3-14.29. Sharing information on school lunch
applicants. Whenever requested by the Department of Public
Aid, to agree in writing with the Department of Public Aid
(as the State agency that administers the State Medical
Assistance Program as provided in Title XIX of the federal
Social Security Act and the State Children's Health Insurance
Program as provided in Title XXI of the federal Social
Security Act) to share with the Department of Public Aid
information on applicants for free or reduced-price lunches.
This sharing of information shall be for the sole purpose of
helping the Department of Public Aid identify and enroll
children in the State Medical Assistance Program or the State
Children's Health Insurance Program or both as allowed under
42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi)
and (vii).
(105 ILCS 5/10-28 new)
Sec. 10-28. Sharing information on school lunch
applicants. A school board shall, whenever requested by the
Department of Public Aid, agree in writing with the
Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as provided
in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI
of the federal Social Security Act) to share with the
Department of Public Aid information on applicants for free
or reduced-price lunches. A school board shall, whenever
requested by the Department of Public Aid, require each of
its schools to agree in writing with the Department of Public
Aid to share with the Department of Public Aid information on
applicants for free or reduced-price lunches. This sharing of
information shall be for the sole purpose of helping the
Department of Public Aid identify and enroll children in the
State Medical Assistance Program or the State Children's
Health Insurance Program or both as allowed under 42 U.S.C.
Sec. 1758(b)(2)(C)(iii)(IV) and under the restrictions set
forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(105 ILCS 5/22-35 new)
Sec. 22-35. Sharing information on school lunch
applicants; consent. Before an entity shares with the
Department of Public Aid information on an applicant for free
or reduced-price lunches under Section 2-3.131, 3-14.29,
10-28, or 34-18.26 of this Code or Section 10 of the School
Breakfast and Lunch Program Act, that entity must obtain, in
writing, the consent of the applicant's parent or legal
guardian. The Department of Public Aid may not seek any
punitive action against or withhold any benefit or subsidy
from an applicant for a free or reduced-price lunch due to
the applicant's parent or legal guardian withholding consent.
(105 ILCS 5/34-18.26 new)
Sec. 34-18.26. Sharing information on school lunch
applicants. The board shall, whenever requested by the
Department of Public Aid, agree in writing with the
Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as provided
in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI
of the federal Social Security Act) to share with the
Department of Public Aid information on applicants for free
or reduced-price lunches. The board shall, whenever
requested by the Department of Public Aid, require each of
its schools to agree in writing with the Department of Public
Aid to share with the Department of Public Aid information on
applicants for free or reduced-price lunches. This sharing
of information shall be for the sole purpose of helping the
Department of Public Aid identify and enroll children in the
State Medical Assistance Program or the State Children's
Health Insurance Program or both as allowed under 42 U.S.C.
Sec. 1758(b)(2)(C)(iii)(IV) and under the restrictions set
forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
Section 7. The Illinois School Student Records Act is
amended by changing Section 6 as follows:
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
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;
(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; or.
(11) To the Department of Public Aid in furtherance
of the requirements of Section 2-3.131, 3-14.29, 10-28,
or 34-18.26 of the School Code or Section 10 of the
School Breakfast and Lunch Program 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;
91-357, eff. 7-29-99; 91-665, eff. 12-22-99.)
Section 10. The School Breakfast and Lunch Program Act
is amended by adding Section 10 as follows:
(105 ILCS 125/10 new)
Sec. 10. Sharing information on school lunch applicants.
Each private school that receives funds for free or
reduced-price lunches under this Act shall, whenever
requested by the Department of Public Aid, agree in writing
with the Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as provided
in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI
of the federal Social Security Act) to share with the
Department of Public Aid information on applicants for free
or reduced-price lunches. This sharing of information shall
be for the sole purpose of helping the Department of Public
Aid identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance
Program or both as allowed under 42 U.S.C. Sec.
1758(b)(2)(C)(iii)(IV) and under the restrictions set forth
in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
Section 99. Effective date. This Act takes effect on
July 1, 2003.