96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1508


 
Introduced 2/18/2009, by Sen. David Koehler
 
SYNOPSIS AS INTRODUCED:
 		














105 ILCS 10/5
  from Ch. 122, par. 50-5







    Amends the Illinois School Student Records Act. Provides that nothing contained in the Act shall be construed to impair or limit the confidentiality of information communicated in confidence to a school social worker. Effective immediately.
















LRB096 07674 NHT 17775 b

















 


 


A BILL FOR









 











SB1508

LRB096 07674 NHT 17775 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 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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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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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, or school social 
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    worker; 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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    working in the school, except as provided by
court order.

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(Source: P.A. 90-590, eff. 1-1-00.)

 

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