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HB5188 Engrossed |
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LRB095 15561 NHT 41560 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois School Student Records Act is |
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| amended by changing Section 2 as follows:
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| (105 ILCS 10/2) (from Ch. 122, par. 50-2)
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| Sec. 2. As used in this Act : ,
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| (a) "Student" means any person enrolled or previously |
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| enrolled in a school.
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| (b) "School" means any public preschool, day care center,
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| kindergarten, nursery, elementary or secondary educational |
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| institution,
vocational school, special educational facility |
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| or any other elementary or
secondary educational agency or |
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| institution and any person, agency or
institution which |
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| maintains school student records from more than one school,
but |
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| does not include a private or non-public school.
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| (c) "State Board" means the State Board of Education.
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| (d) "School Student Record" means any writing or
other |
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| recorded information concerning a student
and by which a |
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| student may be individually identified,
maintained by a school |
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| or at its direction or by an employee of a
school, regardless |
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| of how or where the information is stored.
The following shall |
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| not be deemed school student records under
this Act: writings |
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HB5188 Engrossed |
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LRB095 15561 NHT 41560 b |
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| or other recorded information maintained by an
employee of a |
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| school or other person at the direction of a school for his or
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| her exclusive use; provided that all such writings and other |
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| recorded
information are destroyed not later than the student's |
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| graduation or permanent
withdrawal from the school; and |
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| provided further that no such records or
recorded information |
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| may be released or disclosed to any person except a person
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| designated by the school as
a substitute unless they are first |
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| incorporated
in a school student record and made subject to all |
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| of the
provisions of this Act.
School student records shall not |
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| include information maintained by
law enforcement |
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| professionals working in the school.
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| (e) "Student Permanent Record" means the minimum personal
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| information necessary to a school in the education of the |
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| student
and contained in a school student record. Such |
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| information
may include the student's name, birth date, |
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| address, grades
and grade level, parents' names and addresses, |
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| attendance
records, and such other entries as the State Board |
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| may
require or authorize.
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| (f) "Student Temporary Record" means all information |
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| contained in
a school student record but not contained in
the |
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| student permanent record. Such information may include
family |
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| background information, intelligence test scores, aptitude
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| test scores, psychological and personality test results, |
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| teacher
evaluations, and other information of clear relevance |
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| to the
education of the student, all subject to regulations of |
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LRB095 15561 NHT 41560 b |
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| the State Board.
The information shall include information |
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| provided under Section 8.6 of the
Abused and Neglected Child |
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| Reporting Act.
In addition, the student temporary record shall |
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| include information regarding
serious disciplinary infractions |
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| that resulted in expulsion, suspension, or the
imposition of |
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| punishment or sanction. For purposes of this provision, serious
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| disciplinary infractions means: infractions involving drugs, |
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| weapons, or bodily
harm to another.
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| (g) "Parent" means a person who is the natural parent of |
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| the
student or other person who has the primary responsibility |
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| for the
care and upbringing of the student. All rights and |
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| privileges accorded
to a parent under this Act shall become |
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| exclusively those of the student
upon his 18th birthday, |
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| graduation from secondary school, marriage
or entry into |
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| military service, whichever occurs first. Such
rights and |
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| privileges may also be exercised by the student
at any time |
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| with respect to the student's permanent school record.
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| (h) For purposes of subsection (f) of Section 5 of this |
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| Act, "psychotherapist" means a person who is a school social |
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| worker, school psychologist, or school counselor, as those |
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| terms are defined in the School Code, or an intern working |
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| under the direct supervision of a school social worker, school |
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| psychologist, or school counselor. |
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| (Source: P.A. 92-295, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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