HB0811ham001 99TH GENERAL ASSEMBLY

Rep. Scott Drury

Filed: 4/7/2015

09900HB0811ham001 LRB099 04631 SXM 33685 a

AMENDMENT TO HOUSE BILL 811

AMENDMENT NO. ______. Amend House Bill 811 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois School Student Records Act is amended by changing Sections 2 and 6 as follows:

(105 ILCS 10/2) (from Ch. 122, par. 50-2)

Sec. 2. As used in this Act,

(a) "Student" means any person enrolled or previously enrolled in a school.

(b) "School" means any public preschool, day care center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from more than one school, but does not include a private or non-public school.

(c) "State Board" means the State Board of Education.

(d) "School Student Record" means any writing or other recorded information concerning a student and by which a student may be individually or personally identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. The following shall not be deemed school student records under this Act: writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use; provided that all such writings and other recorded information are destroyed not later than the student's graduation or permanent withdrawal from the school; and provided further that no such records or recorded information may be released or disclosed to any person except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act. School student records shall not include information maintained by law enforcement professionals working in the school.

(e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such information may include the student's name, birth date, address, grades and grade level, parents' names and addresses, attendance records, and such other entries as the State Board may require or authorize.

(f) "Student Temporary Record" means all information contained in a school student record but not contained in the student permanent record. Such information may include family background information, intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of the student, all subject to regulations of the State Board. The information shall include information provided under Section 8.6 of the Abused and Neglected Child Reporting Act. In addition, the student temporary record shall include information regarding serious disciplinary infractions that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another.

(g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsibility for the care and upbringing of the student. All rights and privileges accorded to a parent under this Act shall become exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any time with respect to the student's permanent school record.

(h) "Eligible Student" means a student who has reached 18 years of age.

(i) "School Board" means any school board, board of directors, or any other governing body established under the School Code.

(j) "Personally identifiable information" means:

(1) the student's name;

(2) the name of the student's parent or guardian or other family members;

(3) the address of the student or student's family;

(4) a personal identifier, such as the student's social security number, student number, or biometric record;

(5) other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;

(6) other information that, alone or in combination, is linked or linkable to a specific student and that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

(7) information requested by a person who an educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(Source: P.A. 92-295, eff. 1-1-02.)

(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 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 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 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 To any person for the purpose of research, statistical reporting, or planning, provided that such research, statistical reporting, or planning is permissible under and undertaken in accordance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);

(5) pursuant 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 To any person as specifically required by State or federal law;

(6.5) to 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 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 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 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;

(10) to 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;

(11) to To the Department of Healthcare and Family Services 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; or

(12) to To the State Board or another State government agency or between or among State government agencies in order to evaluate or audit federal and State programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g).

(a-5) Pursuant to subparagraph (4) of paragraph (a) of this Section, a school board or the State Board may provide school student data to researchers at an accredited post-secondary educational institution or an organization conducting research if any such research is conducted in accordance with the federal Family Educational Rights and Privacy Act and does not take place until the following requirements are complied with:

(1) Prior to the beginning of each school year, the school board shall provide notice to parents, guardians, or eligible students regarding planned studies. For those school boards that maintain an Internet website, the school board shall post on its Internet website a current list of all research studies using data obtained from the school board without obtaining consent from parents, guardians, or eligible students currently being conducted or scheduled to be conducted. In April and December of each year, the school board shall update the Internet website to include new research studies that are approved or conducted. For those school boards that do not maintain an Internet website, each school board shall provide parents, guardians, and eligible students with a current list of all research studies being conducted or scheduled to be conducted in the same notice described above and shall provide supplemental notices in April and December as new research studies are approved or conducted.

(A) The school board shall send the notice described in this subparagraph (1) by the same means generally used to send notices to parents, guardians, or eligible students.

(B) The notice described in this subparagraph (1) shall describe generally the purposes of conducting educational research, contain a short description of all current and scheduled research studies, and set forth the address of the Internet website containing a current list of all research studies being conducted and scheduled to be conducted, which web address shall also be set forth in the school board's student handbook. The notice shall also advise parents, guardians, and eligible students that the State Board conducts research studies and shall provide the Internet website address for that part of the State Board's website that contains a list of the current and scheduled studies to be conducted.

(C) For those school boards that maintain an Internet website, the webpage that contains the list of all current and scheduled research studies shall also set forth, in general terms, the nature of each listed research study, the categories of students whose data will be used in each listed research study, and the names of all organizations involved in each listed research study. For those school boards that do not maintain an Internet website, the school boards shall provide the information described in this subdivision (C) in the notice described in this subparagraph (1).

(2) A written data use agreement that complies with the federal Family Educational Rights and Privacy Act and its accompanying regulations and, at a minimum, contains the following provisions is entered into by and between the party gaining access to the data of the school board or State Board and the entity with the legal authority to permit the use of the data:

(A) The accredited post-secondary educational institution or the organization conducting research shall abide by all requirements of this subparagraph (2).

(B) A statement of the purpose, scope, and duration of the research study or studies, as well as a description of the data to be used as part of the study and the person or persons to whom the data will be disclosed; however, the list of persons to whom the data may be disclosed may be amended from time to time with the agreement of all parties to the data use agreement.

(C) The accredited post-secondary educational institution or the organization conducting research shall use school student records only to meet the purpose or purposes of the study as set forth in subdivision (B) of this subparagraph (2).

(D) The accredited post-secondary educational institution or the organization conducting research may only use data by which a student may be individually or personally identified for 2 reasons: (i) to link data files or (ii) to identify eligible students for research studies for which written parental, guardian, or eligible student consent will be obtained for participation and the person or persons to whom such information will be disclosed is set forth in the data use agreement.

(E) The accredited post-secondary educational institution or the organization conducting research shall destroy all data that individually or personally identifies a student when the information is no longer needed, but in no event later than 36 months after the research study has been completed.

(F) The accredited post-secondary educational institution or the organization conducting research shall certify in writing that it has the capacity to and shall restrict access to school student records to the person or persons set forth in subdivision (B) of this subparagraph (2).

(G) The accredited post-secondary educational institution or the organization conducting research shall certify in writing that it shall maintain the security of all data received pursuant to this paragraph (a-5) in compliance with rules adopted by the State Board, which rules shall be consistent and regularly updated to comply with commonly accepted data-security practices, including, but not limited to, those set forth by the United States Department of Education Privacy Technical Assistance Center.

(H) In compliance with the rules adopted pursuant to subdivision (G) of this subparagraph (2) and any other rules that may be necessary and adopted by the State Board, the accredited post-secondary educational institution or the organization conducting research shall develop, implement, maintain, and use appropriate administrative, technical, and physical security measures to preserve the confidentiality and integrity of all school student records.

(3) Accredited post-secondary educational institutions and organizations conducting research may only use data by which a student may be personally or individually identified for 2 reasons: (i) to link data files or (ii) to identify eligible students for research studies for which written parental, guardian, or eligible student consent will be obtained for participation and the person or persons to whom such information will be disclosed is set forth in the data use agreement.

(4) The accredited post-secondary institution or the organization conducting research agrees that it shall use personally identifiable information from school student records only to meet the purpose or purposes of the research study or studies as stated in the data use agreement described in subparagraph (2) of this paragraph (a-5).

(5) Any information by which a student may be individually or personally identified shall be released, transferred, disclosed, or otherwise disseminated only as contemplated by the written data use agreement described in subparagraph (2) of this paragraph (a-5).

(6) All school student records shall have personally identifiable information removed prior to analysis by the accredited post-secondary educational institution or the organization conducting research.

(7) The accredited post-secondary institution or organization conducting research shall implement and adhere to policies and procedures that restrict access to data that has personally identifiable information.

(A) The accredited post-secondary institution or organization conducting research shall designate an individual to act as the custodian of the data with personally identifiable information who is responsible for restricting access to that data and provide the name of that individual to the entity with the legal authority to permit the use of the data.

(B) Any personally identifiable information used to link data sets shall be securely stored in a location separate and apart from the location of the de-identified school student records, in a secure data file.

Nothing in this paragraph (a-5) shall prohibit the State Board or any school board from providing personally identifiable information about individual students to an accredited post-secondary educational institution or an organization conducting research pursuant to a specific, written agreement with a school board or State Board and in accordance with the federal Family Educational Rights and Privacy Act if necessary for the school board or State Board to comply with State or federal statutory mandates.

(b) No information may be released pursuant to subparagraph 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) 6 of paragraph (a) of 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 The nature and substance of the information released;

(2) the The name and signature of the official records custodian releasing such information;

(3) the 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 The date of the release; and

(5) a 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. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised 11-26-14.)".