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Elementary & Secondary Education Committee
Filed: 2/25/2009
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09600HB0326ham001 |
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LRB096 04263 NHT 22265 a |
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| AMENDMENT TO HOUSE BILL 326
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| AMENDMENT NO. ______. Amend House Bill 326 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois School Student Records Act is |
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| amended by changing Section 5 as follows:
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| (105 ILCS 10/5) (from Ch. 122, par. 50-5)
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| Sec. 5.
(a) A parent or any person specifically designated |
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| as
a representative by a parent shall have the right to inspect |
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| and
copy all school student permanent and temporary records of |
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| that
parent's child. A student shall have the right to inspect |
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| and copy
his or her school student permanent record. No person |
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| who is prohibited
by an order of protection from inspecting or |
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| obtaining school records of a
student pursuant to the Illinois |
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| Domestic Violence Act of 1986, as now or
hereafter amended, |
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| shall have any right of access to, or inspection of, the
school |
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| records of that student. If a school's principal or person with
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09600HB0326ham001 |
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LRB096 04263 NHT 22265 a |
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| like responsibilities or his designee has knowledge of such |
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| order of
protection, the school shall prohibit access or |
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| inspection of the student's
school records by such person.
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| (b) Whenever access to any person is granted pursuant
to |
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| paragraph (a) of this Section, at the option of either the |
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| parent or the school
a qualified professional, who may be a |
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| psychologist, counsellor or
other advisor, and who may be an |
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| employee of the school or employed
by the parent, may be |
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| present to interpret the information contained
in the student |
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| temporary record. If the school requires that a
professional be |
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| present, the school shall secure and bear any cost of the
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| presence of the professional. If the parent so requests, the |
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| school
shall secure and bear any cost of the presence of a |
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| professional
employed by the school.
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| (c) A parent's or student's request to inspect and copy |
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| records,
or to allow a specifically designated representative |
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| to inspect and
copy records, must be granted within a |
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| reasonable time, and in no case later
than 15 school days after |
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| the date of receipt of such request by the
official records |
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| custodian.
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| (d) The school may charge its reasonable costs for the
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| copying of school student records, not to exceed the amounts |
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| fixed
in schedules adopted by the State Board, to any person |
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| permitted
to copy such records, except that no parent or |
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| student shall be
denied a copy of school student records as |
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| permitted under this
Section 5 for inability to bear the cost |
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LRB096 04263 NHT 22265 a |
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| of such copying.
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| (e) Nothing contained in this Section 5 shall make
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| available to a parent or student confidential letters and
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| statements of recommendation furnished in connection with
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| applications for employment to a post-secondary educational
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| institution or the receipt of an honor or honorary recognition,
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| provided such letters and statements are not used for purposes
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| other than those for which they were specifically intended, and
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| (1) were placed in a school student record
prior to |
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| January 1, 1975; or
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| (2) the student has waived access thereto after
being |
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| advised of his right to obtain upon request the names
of |
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| all such persons making such confidential recommendations.
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| (f) Nothing contained in this Act shall be construed to
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| impair or limit the confidentiality of:
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| (1) Communications otherwise protected by law
as |
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| privileged or confidential, including but not limited to,
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| information communicated in confidence to a physician, |
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| psychologist, or other
psychotherapist, school social |
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| worker, school counselor, school psychologist, or intern |
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| working under the direct supervision of a school social |
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| worker, school counselor, or school psychologist; or
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| (2) Information which is communicated by a student
or |
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| parent in confidence to school personnel; or
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| (3) Information which is communicated by a student, |
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| parent, or guardian to
a law enforcement professional |
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LRB096 04263 NHT 22265 a |
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| working in the school, except as provided by
court order.
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| (g) No employer shall take, attempt to take, or threaten to |
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| take adverse employment action or in any manner discriminate
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| against an employee because the employee invokes his or her |
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| professional and legal responsibility to protect the |
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| confidentiality of communications protected by law or |
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| applicable standards of professional responsibility as |
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| privileged or confidential. |
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| (Source: P.A. 90-590, eff. 1-1-00.)".
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