99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3121

 

Introduced 2/19/2016, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 10/6  from Ch. 122, par. 50-6

    Amends the Illinois School Student Records Act. Makes a technical change in a Section concerning disclosure of school student records.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois School Student Records Act is
5amended by changing Section 6 as follows:
 
6    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
7    Sec. 6. (a) No school student records or information
8contained therein may be released, transferred, disclosed or
9otherwise disseminated, except as follows:
10        (1) to a parent or student or person specifically
11    designated as a representative by a parent, as provided in
12    paragraph (a) of Section 5;
13        (2) to an employee or official of the the school or
14    school district or State Board with current demonstrable
15    educational or administrative interest in the student, in
16    furtherance of such interest;
17        (3) to the official records custodian of another school
18    within Illinois or an official with similar
19    responsibilities of a school outside Illinois, in which the
20    student has enrolled, or intends to enroll, upon the
21    request of such official or student;
22        (4) to any person for the purpose of research,
23    statistical reporting, or planning, provided that such

 

 

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1    research, statistical reporting, or planning is
2    permissible under and undertaken in accordance with the
3    federal Family Educational Rights and Privacy Act (20
4    U.S.C. 1232g);
5        (5) pursuant to a court order, provided that the parent
6    shall be given prompt written notice upon receipt of such
7    order of the terms of the order, the nature and substance
8    of the information proposed to be released in compliance
9    with such order and an opportunity to inspect and copy the
10    school student records and to challenge their contents
11    pursuant to Section 7;
12        (6) to any person as specifically required by State or
13    federal law;
14        (6.5) to juvenile authorities when necessary for the
15    discharge of their official duties who request information
16    prior to adjudication of the student and who certify in
17    writing that the information will not be disclosed to any
18    other party except as provided under law or order of court.
19    For purposes of this Section "juvenile authorities" means:
20    (i) a judge of the circuit court and members of the staff
21    of the court designated by the judge; (ii) parties to the
22    proceedings under the Juvenile Court Act of 1987 and their
23    attorneys; (iii) probation officers and court appointed
24    advocates for the juvenile authorized by the judge hearing
25    the case; (iv) any individual, public or private agency
26    having custody of the child pursuant to court order; (v)

 

 

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1    any individual, public or private agency providing
2    education, medical or mental health service to the child
3    when the requested information is needed to determine the
4    appropriate service or treatment for the minor; (vi) any
5    potential placement provider when such release is
6    authorized by the court for the limited purpose of
7    determining the appropriateness of the potential
8    placement; (vii) law enforcement officers and prosecutors;
9    (viii) adult and juvenile prisoner review boards; (ix)
10    authorized military personnel; (x) individuals authorized
11    by court;
12        (7) subject to regulations of the State Board, in
13    connection with an emergency, to appropriate persons if the
14    knowledge of such information is necessary to protect the
15    health or safety of the student or other persons;
16        (8) to any person, with the prior specific dated
17    written consent of the parent designating the person to
18    whom the records may be released, provided that at the time
19    any such consent is requested or obtained, the parent shall
20    be advised in writing that he has the right to inspect and
21    copy such records in accordance with Section 5, to
22    challenge their contents in accordance with Section 7 and
23    to limit any such consent to designated records or
24    designated portions of the information contained therein;
25        (9) to a governmental agency, or social service agency
26    contracted by a governmental agency, in furtherance of an

 

 

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1    investigation of a student's school attendance pursuant to
2    the compulsory student attendance laws of this State,
3    provided that the records are released to the employee or
4    agent designated by the agency;
5        (10) to those SHOCAP committee members who fall within
6    the meaning of "state and local officials and authorities",
7    as those terms are used within the meaning of the federal
8    Family Educational Rights and Privacy Act, for the purposes
9    of identifying serious habitual juvenile offenders and
10    matching those offenders with community resources pursuant
11    to Section 5-145 of the Juvenile Court Act of 1987, but
12    only to the extent that the release, transfer, disclosure,
13    or dissemination is consistent with the Family Educational
14    Rights and Privacy Act;
15        (11) to the Department of Healthcare and Family
16    Services in furtherance of the requirements of Section
17    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
18    Section 10 of the School Breakfast and Lunch Program Act;
19    or
20        (12) to the State Board or another State government
21    agency or between or among State government agencies in
22    order to evaluate or audit federal and State programs or
23    perform research and planning, but only to the extent that
24    the release, transfer, disclosure, or dissemination is
25    consistent with the federal Family Educational Rights and
26    Privacy Act (20 U.S.C. 1232g).

 

 

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1    (b) No information may be released pursuant to subparagraph
2(3) or (6) of paragraph (a) of this Section 6 unless the parent
3receives prior written notice of the nature and substance of
4the information proposed to be released, and an opportunity to
5inspect and copy such records in accordance with Section 5 and
6to challenge their contents in accordance with Section 7.
7Provided, however, that such notice shall be sufficient if
8published in a local newspaper of general circulation or other
9publication directed generally to the parents involved where
10the proposed release of information is pursuant to subparagraph
11(6) of paragraph (a) of this Section 6 and relates to more than
1225 students.
13    (c) A record of any release of information pursuant to this
14Section must be made and kept as a part of the school student
15record and subject to the access granted by Section 5. Such
16record of release shall be maintained for the life of the
17school student records and shall be available only to the
18parent and the official records custodian. Each record of
19release shall also include:
20        (1) the nature and substance of the information
21    released;
22        (2) the name and signature of the official records
23    custodian releasing such information;
24        (3) the name of the person requesting such information,
25    the capacity in which such a request has been made, and the
26    purpose of such request;

 

 

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1        (4) the date of the release; and
2        (5) a copy of any consent to such release.
3    (d) Except for the student and his parents, no person to
4whom information is released pursuant to this Section and no
5person specifically designated as a representative by a parent
6may permit any other person to have access to such information
7without a prior consent of the parent obtained in accordance
8with the requirements of subparagraph (8) of paragraph (a) of
9this Section.
10    (e) Nothing contained in this Act shall prohibit the
11publication of student directories which list student names,
12addresses and other identifying information and similar
13publications which comply with regulations issued by the State
14Board.
15(Source: P.A. 99-78, eff. 7-20-15.)