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1 | | homeschool with abuse and threatens the rights of those |
2 | | families who homeschool in good faith and for the benefit |
3 | | of their students. |
4 | | (5) The State does not have an adequate system to |
5 | | further investigate signs of abuse once the abuser claims |
6 | | the removal of a vulnerable student from the supervision |
7 | | of mandatory reporters was under the false pretense of |
8 | | homeschool. |
9 | | (6) The State's lack of process to investigate signs |
10 | | of abuse further delegitimizes homeschool as a viable |
11 | | alternative to public school. |
12 | | (7) A notification process and investigation of |
13 | | educational neglect only after there is reasonable cause |
14 | | to believe a student is suffering from educational neglect |
15 | | is the least restrictive way for the State to protect |
16 | | vulnerable students removed from the presence of mandatory |
17 | | reporters under the false pretense of homeschool. |
18 | | Section 15. Definitions. As used in this Act: |
19 | | "Adequate education" means an education that fulfills the |
20 | | minimum requirements under Sections 26-1 and 27-1 of the |
21 | | School Code. |
22 | | "Board" means the State Board of Education. |
23 | | "Department" means the Department of Children and Family |
24 | | Services. |
25 | | "Educational portfolio" means documentation of homeschool |
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1 | | instruction and a student's educational progress. "Educational |
2 | | portfolio" includes: |
3 | | (1) a log of curriculum and materials used; |
4 | | (2) samples of student work; |
5 | | (3) administrator assessment of a student's progress, |
6 | | areas of improvement, or areas of needed improvement; and |
7 | | (4) any other information designed to convey the |
8 | | instruction provided to the student and the student's |
9 | | engagement with the instruction provided. |
10 | | "Homeschool" means a program where instruction is provided |
11 | | in a student's home environment and which may have more than |
12 | | one student so long as all students in the homeschool are |
13 | | members of the same household, except that students in |
14 | | homeschool are deemed private school children for the sole |
15 | | purpose of providing equitable services using proportionate |
16 | | share funds under the federal Individuals with Disabilities |
17 | | Education Act, 20 U.S.C. 1400. "Homeschool" does not mean a |
18 | | group of 2 or more households who provide full-time |
19 | | instruction to students of separate households under a |
20 | | cooperative agreement or communal living arrangement. |
21 | | "Homeschool administrator" or "administrator" means the |
22 | | person providing instruction to the student. "Homeschool |
23 | | administrator" or "administrator" includes the parent, |
24 | | guardian, member of the student's household, or a third party |
25 | | engaged for the purpose of providing instruction. "Homeschool |
26 | | administrator" or "administrator" does not include a third |
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1 | | party who created, developed, or published the curriculum used |
2 | | by the homeschool and who has no direct interaction with the |
3 | | student or control over the delivery of the instruction. |
4 | | "Homeschool notification form" or "notification form" |
5 | | means information submitted to a public school in a form |
6 | | prescribed by the State Board of Education. |
7 | | "Regional superintendent" means the general superintendent |
8 | | of schools or a designee of the superintendent for a school |
9 | | district organized under Article 34 of the School Code. |
10 | | "School district" means any school district other than |
11 | | those school districts organized under Article 34 of the |
12 | | School Code. |
13 | | "Student" or "students" means a minor receiving an |
14 | | education in the home environment, unless otherwise indicated |
15 | | by context. |
16 | | "Student's address" means the student's residence and, if |
17 | | different, the place at which the student is physically |
18 | | present while receiving the majority of instruction. |
19 | | Section 20. Form of notification. |
20 | | (a) The Board shall create a homeschool notification form |
21 | | that a parent or guardian shall submit to the regional office |
22 | | of education, intermediate service center, or regional |
23 | | superintendent for the area in which the student resides. The |
24 | | notification form shall be published in a downloadable and |
25 | | printable format on the Board's website no later than June 1, |
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1 | | 2026. |
2 | | (1) The notification form shall be submitted for each |
3 | | student attending homeschool and must include: |
4 | | (A) the student's name, birthdate, grade level, |
5 | | and address; |
6 | | (B) the name and contact information of the |
7 | | student's parent or guardian; |
8 | | (C) the name, contact information, and address of |
9 | | the administrator if different than the parent or |
10 | | guardian; and |
11 | | (D) the highest level of education achieved by the |
12 | | administrator or administrators who are not the |
13 | | student's parent. |
14 | | (2) The notification form may include: |
15 | | (A) occupation and educational level of the parent |
16 | | or parents; |
17 | | (B) any curriculum purchased or used for the |
18 | | homeschool; and |
19 | | (C) whether a homeschool intends to enroll the |
20 | | student or students part time at a public school, |
21 | | receive public school supplementary resources, or |
22 | | participate in public school or regional events. |
23 | | (b) Beginning with the 2026-2027 school year, a parent or |
24 | | guardian who homeschools the parent's or guardian's student |
25 | | shall submit the notification form before September 1 of each |
26 | | year. However, a parent or guardian who chooses to homeschool |
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1 | | in the middle of a school year shall submit the form no later |
2 | | than 3 business days following the date at which the student |
3 | | last attended school. |
4 | | (c) A parent or guardian shall submit an updated |
5 | | notification form within 10 business days after a change in a |
6 | | student's address or residence. |
7 | | (d) A notification form is deemed submitted when it is |
8 | | submitted electronically or physically to the regional office |
9 | | of education, intermediate service center, or regional |
10 | | superintendent associated with the student's residence in a |
11 | | manner designated by that entity. A regional office of |
12 | | education, intermediate service center, or regional |
13 | | superintendent may accept but must not require electronic |
14 | | submission. The receiving entity shall provide proof of |
15 | | receipt to the homeschool submitting the notification form. |
16 | | Section 25. Storage and record keeping. |
17 | | (a) A notification form submitted to the incorrect |
18 | | regional office of education, intermediate service center, or |
19 | | regional superintendent shall either be transferred to the |
20 | | correct regional office of education, intermediate service |
21 | | center, or regional superintendent associated with the |
22 | | student's residence at the parent or guardian's request or |
23 | | returned to the parent and guardian with notice of the correct |
24 | | submission location. Receipt of the transferred or rejected |
25 | | form shall be provided to the homeschool. |
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1 | | (b) A public school or school district shall only retain a |
2 | | copy of the notification form if the homeschool parent or |
3 | | guardian requests that the record be retained by the public |
4 | | school or school district. |
5 | | (c) The regional office of education, intermediate service |
6 | | center, or regional superintendent shall retain a record of |
7 | | each notification form for not less than 5 years. |
8 | | (d) Individual homeschool notification forms are not |
9 | | subject to disclosure or inspection under the Freedom of |
10 | | Information Act. |
11 | | Section 30. Accusation of truancy. There exists a |
12 | | rebuttable presumption that a student is not truant under |
13 | | Sections 26-10 and 26-11 of the School Code if a homeschool |
14 | | notification form was submitted in accordance with Section 20. |
15 | | Section 35. Notification form required for access to |
16 | | public school resources. |
17 | | (a) If a homeschool wishes to access public school |
18 | | resources, the homeschool must submit the notification form to |
19 | | the public school, school district, regional office of |
20 | | education, intermediate service center, or regional |
21 | | superintendent associated with the student's residence. |
22 | | (b) A public school or school district receiving a |
23 | | notification form that indicates a homeschool's wish to access |
24 | | public school or school district resources shall: |
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1 | | (1) retain a copy of the notification form for the |
2 | | length of time the student is enrolled part time or |
3 | | receiving access to public school or school district |
4 | | resources and events; |
5 | | (2) unless otherwise prohibited by law, require proof |
6 | | of residence before providing public school or school |
7 | | district resources; |
8 | | (3) unless otherwise prohibited by law, require proof |
9 | | of residence, immunization records, and health screenings |
10 | | as a prerequisite to enroll a homeschool student part time |
11 | | or attend public school or school district events; and |
12 | | (4) include any student enrolled part time or |
13 | | receiving resources or access to public school or school |
14 | | district events included in its enrollment count. |
15 | | Section 40. Homeschool administrator qualifications. |
16 | | (a) A homeschool administrator may have a high school |
17 | | diploma or its recognized equivalent. An administrator |
18 | | currently or formerly enrolled in an institution of higher |
19 | | education is sufficient to satisfy this requirement. |
20 | | (b) An administrator other than the student's parent must |
21 | | not have a conviction under Section 11-1.20, 11-1.30, 11-1.40, |
22 | | 11-1.50, or 11-1.60 of the Criminal Code of 2012 or any other |
23 | | conviction requiring registration under the Sex Offender |
24 | | Registration Act. |
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1 | | Section 45. Youth under the custody and guardianship of |
2 | | the Department of Children and Family Services. Consent must |
3 | | be obtained from the Department's Guardian Administrator prior |
4 | | to a homeschool notification form being submitted under |
5 | | Section 20 for all youth under the custody and guardianship of |
6 | | the Department. Nothing in this Act supersedes the Guardian |
7 | | Administrator's authority and discretion to approve or deny |
8 | | whether a youth under the custody or guardianship of the |
9 | | Department may participate in a homeschool program. |
10 | | Section 50. Minimum content requirements. Homeschools |
11 | | shall provide every student enrolled in homeschool instruction |
12 | | sufficient content to satisfy the requirements of Sections |
13 | | 26-1 and 27-1 of the School Code. |
14 | | Section 55. Educational portfolio required. A truant |
15 | | officer may request an educational portfolio as part of a |
16 | | truancy investigation. The homeschool must produce an |
17 | | educational portfolio no later than 10 business days after the |
18 | | request is made. |
19 | | Section 60. Department of Children and Family Services; |
20 | | investigation. |
21 | | (a) The Department shall take the following actions after |
22 | | a report is "indicated" following a preliminary determination |
23 | | made under Section 7.12 of the Abused and Neglected Child |
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1 | | Reporting Act. |
2 | | (1) A report of truancy shall be referred to the |
3 | | relevant regional office of education, intermediate |
4 | | service center, or regional superintendent. |
5 | | (2) A report of abuse and neglect that includes |
6 | | truancy shall be investigated by and remain under the |
7 | | authority of the Department. The Department shall alert |
8 | | the relevant regional office of education, intermediate |
9 | | service center, or regional superintendent that truancy |
10 | | has been connected to a Department investigation. The |
11 | | relevant truant officer shall conduct a truancy |
12 | | investigation under Article 26 of the School Code. |
13 | | (b) A report of truancy or educational neglect that has |
14 | | been referred or made to a regional office of education, |
15 | | intermediate service center, or regional superintendent shall |
16 | | be further investigated by a truant officer. If the truant |
17 | | officer finds evidence that supports a reasonable cause to |
18 | | believe the student is suffering educational neglect or not |
19 | | receiving an adequate education, the truant officer shall |
20 | | refer the case to the relevant State Attorney's office for |
21 | | further action. If, during the course of investigating |
22 | | educational neglect, the truant officer suspects other forms |
23 | | of neglect or abuse, the truant officer shall refer the case to |
24 | | the Department, or to local law enforcement in the case of an |
25 | | immediate risk to the life of the student. |
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1 | | Section 65. Assessment of a submitted educational |
2 | | portfolio. |
3 | | (a) An educational portfolio submitted by a parent or |
4 | | guardian under of Section 55 shall be assessed by the regional |
5 | | office of education, intermediate service center, or regional |
6 | | superintendent associated with the child's residence. |
7 | | (b) The assessment shall be provided to the homeschool. If |
8 | | the educational portfolio does not include all required |
9 | | elements, the homeschool shall be provided an opportunity and |
10 | | instruction on how to correct the deficiency. |
11 | | (c) If the homeschool refuses to correct the deficiency, |
12 | | the regional office of education, intermediate service center, |
13 | | or regional superintendent shall refer the matter to the |
14 | | relevant State's Attorney or Department investigator only if |
15 | | there is reasonable cause to believe that the educational |
16 | | portfolio indicates educational neglect. |
17 | | Section 70. Failure to submit educational portfolio. If a |
18 | | parent or guardian fails or refuses to provide an educational |
19 | | portfolio when required under Section 55 or when requested by |
20 | | the truancy officer upon reasonable belief that the student is |
21 | | suffering educational neglect or not receiving an adequate |
22 | | education, the truancy officer shall refer the case to the |
23 | | relevant State's Attorney for further action. |
24 | | Section 75. Reports. |
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1 | | (a) On or before July 31, 2027 and on or before July 31 of |
2 | | every year thereafter, every regional office of education and |
3 | | intermediate service center and a school district organized |
4 | | under Article 34 of the School Code must make an annual report |
5 | | to the State Superintendent of Education containing data on |
6 | | homeschooling. The report shall include the total count of |
7 | | students receiving homeschooling that reside within each |
8 | | school district's boundaries for that regional office of |
9 | | education or intermediate service center and the total count |
10 | | of students receiving homeschooling that reside within the |
11 | | boundaries of a school district organized under Article 34 of |
12 | | the School Code. The report shall also break down by grade |
13 | | level and gender the number of students being homeschooled |
14 | | within each school district's boundaries for that regional |
15 | | office of education or intermediate service center or within a |
16 | | school district organized under Article 34 of the School Code. |
17 | | (b) On or before February 1, 2028 and on or before February |
18 | | 1 of every year thereafter, the State Board of Education shall |
19 | | create a report consisting of the data reported under |
20 | | subsection (a) and submit the report to the General Assembly. |
21 | | The report shall also outline the total count of students |
22 | | receiving homeschooling in each regional office of education, |
23 | | intermediate service center, and school district. |
24 | | Section 80. Rules. The State Board of Education may adopt |
25 | | any rules necessary to implement and administer this Act. |
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1 | | Section 900. The Freedom of Information Act is amended by |
2 | | changing Section 7.5 as follows: |
3 | | (5 ILCS 140/7.5) |
4 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
5 | | by the statutes referenced below, the following shall be |
6 | | exempt from inspection and copying: |
7 | | (a) All information determined to be confidential |
8 | | under Section 4002 of the Technology Advancement and |
9 | | Development Act. |
10 | | (b) Library circulation and order records identifying |
11 | | library users with specific materials under the Library |
12 | | Records Confidentiality Act. |
13 | | (c) Applications, related documents, and medical |
14 | | records received by the Experimental Organ Transplantation |
15 | | Procedures Board and any and all documents or other |
16 | | records prepared by the Experimental Organ Transplantation |
17 | | Procedures Board or its staff relating to applications it |
18 | | has received. |
19 | | (d) Information and records held by the Department of |
20 | | Public Health and its authorized representatives relating |
21 | | to known or suspected cases of sexually transmitted |
22 | | infection or any information the disclosure of which is |
23 | | restricted under the Illinois Sexually Transmitted |
24 | | Infection Control Act. |
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1 | | (e) Information the disclosure of which is exempted |
2 | | under Section 30 of the Radon Industry Licensing Act. |
3 | | (f) Firm performance evaluations under Section 55 of |
4 | | the Architectural, Engineering, and Land Surveying |
5 | | Qualifications Based Selection Act. |
6 | | (g) Information the disclosure of which is restricted |
7 | | and exempted under Section 50 of the Illinois Prepaid |
8 | | Tuition Act. |
9 | | (h) Information the disclosure of which is exempted |
10 | | under the State Officials and Employees Ethics Act, and |
11 | | records of any lawfully created State or local inspector |
12 | | general's office that would be exempt if created or |
13 | | obtained by an Executive Inspector General's office under |
14 | | that Act. |
15 | | (i) Information contained in a local emergency energy |
16 | | plan submitted to a municipality in accordance with a |
17 | | local emergency energy plan ordinance that is adopted |
18 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
19 | | (j) Information and data concerning the distribution |
20 | | of surcharge moneys collected and remitted by carriers |
21 | | under the Emergency Telephone System Act. |
22 | | (k) Law enforcement officer identification information |
23 | | or driver identification information compiled by a law |
24 | | enforcement agency or the Department of Transportation |
25 | | under Section 11-212 of the Illinois Vehicle Code. |
26 | | (l) Records and information provided to a residential |
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1 | | health care facility resident sexual assault and death |
2 | | review team or the Executive Council under the Abuse |
3 | | Prevention Review Team Act. |
4 | | (m) Information provided to the predatory lending |
5 | | database created pursuant to Article 3 of the Residential |
6 | | Real Property Disclosure Act, except to the extent |
7 | | authorized under that Article. |
8 | | (n) Defense budgets and petitions for certification of |
9 | | compensation and expenses for court appointed trial |
10 | | counsel as provided under Sections 10 and 15 of the |
11 | | Capital Crimes Litigation Act (repealed). This subsection |
12 | | (n) shall apply until the conclusion of the trial of the |
13 | | case, even if the prosecution chooses not to pursue the |
14 | | death penalty prior to trial or sentencing. |
15 | | (o) Information that is prohibited from being |
16 | | disclosed under Section 4 of the Illinois Health and |
17 | | Hazardous Substances Registry Act. |
18 | | (p) Security portions of system safety program plans, |
19 | | investigation reports, surveys, schedules, lists, data, or |
20 | | information compiled, collected, or prepared by or for the |
21 | | Department of Transportation under Sections 2705-300 and |
22 | | 2705-616 of the Department of Transportation Law of the |
23 | | Civil Administrative Code of Illinois, the Regional |
24 | | Transportation Authority under Section 2.11 of the |
25 | | Regional Transportation Authority Act, or the St. Clair |
26 | | County Transit District under the Bi-State Transit Safety |
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1 | | Act (repealed). |
2 | | (q) Information prohibited from being disclosed by the |
3 | | Personnel Record Review Act. |
4 | | (r) Information prohibited from being disclosed by the |
5 | | Illinois School Student Records Act. |
6 | | (s) Information the disclosure of which is restricted |
7 | | under Section 5-108 of the Public Utilities Act. |
8 | | (t) (Blank). |
9 | | (u) Records and information provided to an independent |
10 | | team of experts under the Developmental Disability and |
11 | | Mental Health Safety Act (also known as Brian's Law). |
12 | | (v) Names and information of people who have applied |
13 | | for or received Firearm Owner's Identification Cards under |
14 | | the Firearm Owners Identification Card Act or applied for |
15 | | or received a concealed carry license under the Firearm |
16 | | Concealed Carry Act, unless otherwise authorized by the |
17 | | Firearm Concealed Carry Act; and databases under the |
18 | | Firearm Concealed Carry Act, records of the Concealed |
19 | | Carry Licensing Review Board under the Firearm Concealed |
20 | | Carry Act, and law enforcement agency objections under the |
21 | | Firearm Concealed Carry Act. |
22 | | (v-5) Records of the Firearm Owner's Identification |
23 | | Card Review Board that are exempted from disclosure under |
24 | | Section 10 of the Firearm Owners Identification Card Act. |
25 | | (w) Personally identifiable information which is |
26 | | exempted from disclosure under subsection (g) of Section |
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1 | | 19.1 of the Toll Highway Act. |
2 | | (x) Information which is exempted from disclosure |
3 | | under Section 5-1014.3 of the Counties Code or Section |
4 | | 8-11-21 of the Illinois Municipal Code. |
5 | | (y) Confidential information under the Adult |
6 | | Protective Services Act and its predecessor enabling |
7 | | statute, the Elder Abuse and Neglect Act, including |
8 | | information about the identity and administrative finding |
9 | | against any caregiver of a verified and substantiated |
10 | | decision of abuse, neglect, or financial exploitation of |
11 | | an eligible adult maintained in the Registry established |
12 | | under Section 7.5 of the Adult Protective Services Act. |
13 | | (z) Records and information provided to a fatality |
14 | | review team or the Illinois Fatality Review Team Advisory |
15 | | Council under Section 15 of the Adult Protective Services |
16 | | Act. |
17 | | (aa) Information which is exempted from disclosure |
18 | | under Section 2.37 of the Wildlife Code. |
19 | | (bb) Information which is or was prohibited from |
20 | | disclosure by the Juvenile Court Act of 1987. |
21 | | (cc) Recordings made under the Law Enforcement |
22 | | Officer-Worn Body Camera Act, except to the extent |
23 | | authorized under that Act. |
24 | | (dd) Information that is prohibited from being |
25 | | disclosed under Section 45 of the Condominium and Common |
26 | | Interest Community Ombudsperson Act. |
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1 | | (ee) Information that is exempted from disclosure |
2 | | under Section 30.1 of the Pharmacy Practice Act. |
3 | | (ff) Information that is exempted from disclosure |
4 | | under the Revised Uniform Unclaimed Property Act. |
5 | | (gg) Information that is prohibited from being |
6 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
7 | | Code. |
8 | | (hh) Records that are exempt from disclosure under |
9 | | Section 1A-16.7 of the Election Code. |
10 | | (ii) Information which is exempted from disclosure |
11 | | under Section 2505-800 of the Department of Revenue Law of |
12 | | the Civil Administrative Code of Illinois. |
13 | | (jj) Information and reports that are required to be |
14 | | submitted to the Department of Labor by registering day |
15 | | and temporary labor service agencies but are exempt from |
16 | | disclosure under subsection (a-1) of Section 45 of the Day |
17 | | and Temporary Labor Services Act. |
18 | | (kk) Information prohibited from disclosure under the |
19 | | Seizure and Forfeiture Reporting Act. |
20 | | (ll) Information the disclosure of which is restricted |
21 | | and exempted under Section 5-30.8 of the Illinois Public |
22 | | Aid Code. |
23 | | (mm) Records that are exempt from disclosure under |
24 | | Section 4.2 of the Crime Victims Compensation Act. |
25 | | (nn) Information that is exempt from disclosure under |
26 | | Section 70 of the Higher Education Student Assistance Act. |
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1 | | (oo) Communications, notes, records, and reports |
2 | | arising out of a peer support counseling session |
3 | | prohibited from disclosure under the First Responders |
4 | | Suicide Prevention Act. |
5 | | (pp) Names and all identifying information relating to |
6 | | an employee of an emergency services provider or law |
7 | | enforcement agency under the First Responders Suicide |
8 | | Prevention Act. |
9 | | (qq) Information and records held by the Department of |
10 | | Public Health and its authorized representatives collected |
11 | | under the Reproductive Health Act. |
12 | | (rr) Information that is exempt from disclosure under |
13 | | the Cannabis Regulation and Tax Act. |
14 | | (ss) Data reported by an employer to the Department of |
15 | | Human Rights pursuant to Section 2-108 of the Illinois |
16 | | Human Rights Act. |
17 | | (tt) Recordings made under the Children's Advocacy |
18 | | Center Act, except to the extent authorized under that |
19 | | Act. |
20 | | (uu) Information that is exempt from disclosure under |
21 | | Section 50 of the Sexual Assault Evidence Submission Act. |
22 | | (vv) Information that is exempt from disclosure under |
23 | | subsections (f) and (j) of Section 5-36 of the Illinois |
24 | | Public Aid Code. |
25 | | (ww) Information that is exempt from disclosure under |
26 | | Section 16.8 of the State Treasurer Act. |
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1 | | (xx) Information that is exempt from disclosure or |
2 | | information that shall not be made public under the |
3 | | Illinois Insurance Code. |
4 | | (yy) Information prohibited from being disclosed under |
5 | | the Illinois Educational Labor Relations Act. |
6 | | (zz) Information prohibited from being disclosed under |
7 | | the Illinois Public Labor Relations Act. |
8 | | (aaa) Information prohibited from being disclosed |
9 | | under Section 1-167 of the Illinois Pension Code. |
10 | | (bbb) Information that is prohibited from disclosure |
11 | | by the Illinois Police Training Act and the Illinois State |
12 | | Police Act. |
13 | | (ccc) Records exempt from disclosure under Section |
14 | | 2605-304 of the Illinois State Police Law of the Civil |
15 | | Administrative Code of Illinois. |
16 | | (ddd) Information prohibited from being disclosed |
17 | | under Section 35 of the Address Confidentiality for |
18 | | Victims of Domestic Violence, Sexual Assault, Human |
19 | | Trafficking, or Stalking Act. |
20 | | (eee) Information prohibited from being disclosed |
21 | | under subsection (b) of Section 75 of the Domestic |
22 | | Violence Fatality Review Act. |
23 | | (fff) Images from cameras under the Expressway Camera |
24 | | Act. This subsection (fff) is inoperative on and after |
25 | | July 1, 2025. |
26 | | (ggg) Information prohibited from disclosure under |
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1 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
2 | | Agency Licensing Act. |
3 | | (hhh) Information submitted to the Illinois State |
4 | | Police in an affidavit or application for an assault |
5 | | weapon endorsement, assault weapon attachment endorsement, |
6 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
7 | | endorsement under the Firearm Owners Identification Card |
8 | | Act. |
9 | | (iii) Data exempt from disclosure under Section 50 of |
10 | | the School Safety Drill Act. |
11 | | (jjj) Information exempt from disclosure under Section |
12 | | 30 of the Insurance Data Security Law. |
13 | | (kkk) Confidential business information prohibited |
14 | | from disclosure under Section 45 of the Paint Stewardship |
15 | | Act. |
16 | | (lll) Data exempt from disclosure under Section |
17 | | 2-3.196 of the School Code. |
18 | | (mmm) Information prohibited from being disclosed |
19 | | under subsection (e) of Section 1-129 of the Illinois |
20 | | Power Agency Act. |
21 | | (nnn) Materials received by the Department of Commerce |
22 | | and Economic Opportunity that are confidential under the |
23 | | Music and Musicians Tax Credit and Jobs Act. |
24 | | (ooo) Data or information provided pursuant to Section |
25 | | 20 of the Statewide Recycling Needs and Assessment Act. |
26 | | (ppp) Information that is exempt from disclosure under |
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1 | | Section 28-11 of the Lawful Health Care Activity Act. |
2 | | (qqq) Information that is exempt from disclosure under |
3 | | Section 7-101 of the Illinois Human Rights Act. |
4 | | (rrr) Information prohibited from being disclosed |
5 | | under Section 4-2 of the Uniform Money Transmission |
6 | | Modernization Act. |
7 | | (sss) Information exempt from disclosure under Section |
8 | | 40 of the Student-Athlete Endorsement Rights Act. |
9 | | (ttt) Audio recordings made under Section 30 of the |
10 | | Illinois State Police Act, except to the extent authorized |
11 | | under that Section. |
12 | | (uuu) Information and records held by the State Board |
13 | | of Education, a regional office of education, an |
14 | | intermediate service center, or any school district |
15 | | containing confidential information about a student, |
16 | | parent, or guardian under the Homeschool Act. |
17 | | (vvv) Information and records held by the State Board |
18 | | of Education containing confidential information about a |
19 | | student, parent, or guardian under Section 2-3.25o of the |
20 | | School Code. |
21 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
22 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
23 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
24 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
25 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
26 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
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1 | | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. |
2 | | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, |
3 | | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; |
4 | | 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.) |
5 | | Section 905. The School Code is amended by changing |
6 | | Sections 2-3.25o, 26-1, 26-3a, 26-7, 26-5, and 26-16 as |
7 | | follows: |
8 | | (105 ILCS 5/2-3.25o) |
9 | | Sec. 2-3.25o. Registration and recognition of non-public |
10 | | elementary and secondary schools. |
11 | | (a) Findings. The General Assembly finds and declares (i) |
12 | | that the Constitution of the State of Illinois provides that a |
13 | | "fundamental goal of the People of the State is the |
14 | | educational development of all persons to the limits of their |
15 | | capacities" and (ii) that the educational development of every |
16 | | school student serves the public purposes of the State. In |
17 | | order to ensure that all Illinois students and teachers have |
18 | | the opportunity to enroll and work in State-approved |
19 | | educational institutions and programs, the State Board of |
20 | | Education shall provide for the voluntary registration and |
21 | | recognition of non-public elementary and secondary schools. |
22 | | (b) Registration. All non-public elementary and secondary |
23 | | schools in the State of Illinois may voluntarily register with |
24 | | the State Board of Education on an annual basis. However, |
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1 | | beginning on August 1, 2026, all non-public elementary and |
2 | | secondary schools in the State of Illinois shall register with |
3 | | the State Board of Education on an annual basis. Registration |
4 | | shall be completed in conformance with procedures prescribed |
5 | | by the State Board of Education. Information required for |
6 | | registration shall include assurances of compliance (i) with |
7 | | federal and State laws regarding health examination and |
8 | | immunization, attendance, length of term, and |
9 | | nondiscrimination, including assurances that the school will |
10 | | not prohibit hairstyles historically associated with race, |
11 | | ethnicity, or hair texture, including, but not limited to, |
12 | | protective hairstyles such as braids, locks, and twists, and |
13 | | (ii) with applicable fire and health safety requirements , |
14 | | (iii) with the requirement that all individuals in the school |
15 | | assigned to a teaching or administrative position hold, at a |
16 | | minimum, a high school diploma or its recognized equivalent, |
17 | | (iv) with the requirement to maintain in its own records a list |
18 | | of every attending student's name, date of birth, grade level, |
19 | | address of residence, and the name and address of residence of |
20 | | at least one parent or guardian of each attending student, and |
21 | | (v) to confirm or deny to a truancy officer whether a |
22 | | particular student is enrolled and attending during the course |
23 | | of a truancy investigation under Article 26 of this Code . |
24 | | (c) Recognition. All non-public elementary and secondary |
25 | | schools in the State of Illinois may voluntarily seek the |
26 | | status of "Non-public School Recognition" from the State Board |
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1 | | of Education. This status may be obtained by compliance with |
2 | | administrative guidelines and review procedures as prescribed |
3 | | by the State Board of Education. The guidelines and procedures |
4 | | must recognize that some of the aims and the financial bases of |
5 | | non-public schools are different from public schools and will |
6 | | not be identical to those for public schools, nor will they be |
7 | | more burdensome. The guidelines and procedures must also |
8 | | recognize the diversity of non-public schools and shall not |
9 | | impinge upon the noneducational relationships between those |
10 | | schools and their clientele. |
11 | | (c-5) Prohibition against recognition. A non-public |
12 | | elementary or secondary school may not obtain "Non-public |
13 | | School Recognition" status unless the school requires all |
14 | | certified and non-certified applicants for employment with the |
15 | | school, after July 1, 2007, to authorize a fingerprint-based |
16 | | criminal history records check as a condition of employment to |
17 | | determine if such applicants have been convicted of any of the |
18 | | enumerated criminal or drug offenses set forth in Section |
19 | | 21B-80 of this Code or have been convicted, within 7 years of |
20 | | the application for employment, of any other felony under the |
21 | | laws of this State or of any offense committed or attempted in |
22 | | any other state or against the laws of the United States that, |
23 | | if committed or attempted in this State, would have been |
24 | | punishable as a felony under the laws of this State. |
25 | | Authorization for the check shall be furnished by the |
26 | | applicant to the school, except that if the applicant is a |
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1 | | substitute teacher seeking employment in more than one |
2 | | non-public school, a teacher seeking concurrent part-time |
3 | | employment positions with more than one non-public school (as |
4 | | a reading specialist, special education teacher, or |
5 | | otherwise), or an educational support personnel employee |
6 | | seeking employment positions with more than one non-public |
7 | | school, then only one of the non-public schools employing the |
8 | | individual shall request the authorization. Upon receipt of |
9 | | this authorization, the non-public school shall submit the |
10 | | applicant's name, sex, race, date of birth, social security |
11 | | number, fingerprint images, and other identifiers, as |
12 | | prescribed by the Illinois State Police, to the Illinois State |
13 | | Police. |
14 | | The Illinois State Police and Federal Bureau of |
15 | | Investigation shall furnish, pursuant to a fingerprint-based |
16 | | criminal history records check, records of convictions, |
17 | | forever and hereafter, until expunged, to the president or |
18 | | principal of the non-public school that requested the check. |
19 | | The Illinois State Police shall charge that school a fee for |
20 | | conducting such check, which fee must be deposited into the |
21 | | State Police Services Fund and must not exceed the cost of the |
22 | | inquiry. Subject to appropriations for these purposes, the |
23 | | State Superintendent of Education shall reimburse non-public |
24 | | schools for fees paid to obtain criminal history records |
25 | | checks under this Section. |
26 | | A non-public school may not obtain recognition status |
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1 | | unless the school also performs a check of the Statewide Sex |
2 | | Offender Database, as authorized by the Sex Offender Community |
3 | | Notification Law, and the Statewide Murderer and Violent |
4 | | Offender Against Youth Database, as authorized by the Murderer |
5 | | and Violent Offender Against Youth Registration Act, for each |
6 | | applicant for employment, after July 1, 2007, to determine |
7 | | whether the applicant has been adjudicated of a sex offense or |
8 | | of a murder or other violent crime against youth. The checks of |
9 | | the Statewide Sex Offender Database and the Statewide Murderer |
10 | | and Violent Offender Against Youth Database must be conducted |
11 | | by the non-public school once for every 5 years that an |
12 | | applicant remains employed by the non-public school. |
13 | | Any information concerning the record of convictions |
14 | | obtained by a non-public school's president or principal under |
15 | | this Section is confidential and may be disseminated only to |
16 | | the governing body of the non-public school or any other |
17 | | person necessary to the decision of hiring the applicant for |
18 | | employment. A copy of the record of convictions obtained from |
19 | | the Illinois State Police shall be provided to the applicant |
20 | | for employment. Upon a check of the Statewide Sex Offender |
21 | | Database, the non-public school shall notify the applicant as |
22 | | to whether or not the applicant has been identified in the Sex |
23 | | Offender Database as a sex offender. Any information |
24 | | concerning the records of conviction obtained by the |
25 | | non-public school's president or principal under this Section |
26 | | for a substitute teacher seeking employment in more than one |
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1 | | non-public school, a teacher seeking concurrent part-time |
2 | | employment positions with more than one non-public school (as |
3 | | a reading specialist, special education teacher, or |
4 | | otherwise), or an educational support personnel employee |
5 | | seeking employment positions with more than one non-public |
6 | | school may be shared with another non-public school's |
7 | | principal or president to which the applicant seeks |
8 | | employment. Any unauthorized release of confidential |
9 | | information may be a violation of Section 7 of the Criminal |
10 | | Identification Act. |
11 | | No non-public school may obtain recognition status that |
12 | | knowingly employs a person, hired after July 1, 2007, for whom |
13 | | an Illinois State Police and Federal Bureau of Investigation |
14 | | fingerprint-based criminal history records check and a |
15 | | Statewide Sex Offender Database check has not been initiated |
16 | | or who has been convicted of any offense enumerated in Section |
17 | | 21B-80 of this Code or any offense committed or attempted in |
18 | | any other state or against the laws of the United States that, |
19 | | if committed or attempted in this State, would have been |
20 | | punishable as one or more of those offenses. No non-public |
21 | | school may obtain recognition status under this Section that |
22 | | knowingly employs a person who has been found to be the |
23 | | perpetrator of sexual or physical abuse of a minor under 18 |
24 | | years of age pursuant to proceedings under Article II of the |
25 | | Juvenile Court Act of 1987. |
26 | | In order to obtain recognition status under this Section, |
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1 | | a non-public school must require compliance with the |
2 | | provisions of this subsection (c-5) from all employees of |
3 | | persons or firms holding contracts with the school, including, |
4 | | but not limited to, food service workers, school bus drivers, |
5 | | and other transportation employees, who have direct, daily |
6 | | contact with pupils. Any information concerning the records of |
7 | | conviction or identification as a sex offender of any such |
8 | | employee obtained by the non-public school principal or |
9 | | president must be promptly reported to the school's governing |
10 | | body. |
11 | | Prior to the commencement of any student teaching |
12 | | experience or required internship (which is referred to as |
13 | | student teaching in this Section) in any non-public elementary |
14 | | or secondary school that has obtained or seeks to obtain |
15 | | recognition status under this Section, a student teacher is |
16 | | required to authorize a fingerprint-based criminal history |
17 | | records check. Authorization for and payment of the costs of |
18 | | the check must be furnished by the student teacher to the chief |
19 | | administrative officer of the non-public school where the |
20 | | student teaching is to be completed. Upon receipt of this |
21 | | authorization and payment, the chief administrative officer of |
22 | | the non-public school shall submit the student teacher's name, |
23 | | sex, race, date of birth, social security number, fingerprint |
24 | | images, and other identifiers, as prescribed by the Illinois |
25 | | State Police, to the Illinois State Police. The Illinois State |
26 | | Police and the Federal Bureau of Investigation shall furnish, |
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1 | | pursuant to a fingerprint-based criminal history records |
2 | | check, records of convictions, forever and hereinafter, until |
3 | | expunged, to the chief administrative officer of the |
4 | | non-public school that requested the check. The Illinois State |
5 | | Police shall charge the school a fee for conducting the check, |
6 | | which fee must be passed on to the student teacher, must not |
7 | | exceed the cost of the inquiry, and must be deposited into the |
8 | | State Police Services Fund. The school shall further perform a |
9 | | check of the Statewide Sex Offender Database, as authorized by |
10 | | the Sex Offender Community Notification Law, and of the |
11 | | Statewide Murderer and Violent Offender Against Youth |
12 | | Database, as authorized by the Murderer and Violent Offender |
13 | | Against Youth Registration Act, for each student teacher. No |
14 | | school that has obtained or seeks to obtain recognition status |
15 | | under this Section may knowingly allow a person to student |
16 | | teach for whom a criminal history records check, a Statewide |
17 | | Sex Offender Database check, and a Statewide Murderer and |
18 | | Violent Offender Against Youth Database check have not been |
19 | | completed and reviewed by the chief administrative officer of |
20 | | the non-public school. |
21 | | A copy of the record of convictions obtained from the |
22 | | Illinois State Police must be provided to the student teacher. |
23 | | Any information concerning the record of convictions obtained |
24 | | by the chief administrative officer of the non-public school |
25 | | is confidential and may be transmitted only to the chief |
26 | | administrative officer of the non-public school or his or her |
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1 | | designee, the State Superintendent of Education, the State |
2 | | Educator Preparation and Licensure Board, or, for |
3 | | clarification purposes, the Illinois State Police or the |
4 | | Statewide Sex Offender Database or Statewide Murderer and |
5 | | Violent Offender Against Youth Database. Any unauthorized |
6 | | release of confidential information may be a violation of |
7 | | Section 7 of the Criminal Identification Act. |
8 | | No school that has obtained or seeks to obtain recognition |
9 | | status under this Section may knowingly allow a person to |
10 | | student teach who has been convicted of any offense that would |
11 | | subject him or her to license suspension or revocation |
12 | | pursuant to Section 21B-80 of this Code or who has been found |
13 | | to be the perpetrator of sexual or physical abuse of a minor |
14 | | under 18 years of age pursuant to proceedings under Article II |
15 | | of the Juvenile Court Act of 1987. |
16 | | Any school that has obtained or seeks to obtain |
17 | | recognition status under this Section may not prohibit |
18 | | hairstyles historically associated with race, ethnicity, or |
19 | | hair texture, including, but not limited to, protective |
20 | | hairstyles such as braids, locks, and twists. |
21 | | (d) Public purposes. The provisions of this Section are in |
22 | | the public interest, for the public benefit, and serve secular |
23 | | public purposes. |
24 | | (e) Definition. For purposes of this Section, a non-public |
25 | | school means (i) any non-profit, non-home-based, and |
26 | | non-public elementary or secondary school that is in |
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1 | | compliance with Title VI of the Civil Rights Act of 1964 and |
2 | | attendance at which satisfies the requirements of Section 26-1 |
3 | | of this Code or (ii) any non-public elementary or secondary |
4 | | school that does not meet the definition of a homeschool under |
5 | | the Homeschool Act . |
6 | | (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; |
7 | | 102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff. |
8 | | 7-1-24.) |
9 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1) |
10 | | Sec. 26-1. Compulsory school age; exemptions. Whoever has |
11 | | custody or control of any child (i) between the ages of 7 and |
12 | | 17 years (unless the child has already graduated from high |
13 | | school) for school years before the 2014-2015 school year or |
14 | | (ii) between the ages of 6 (on or before September 1) and 17 |
15 | | years (unless the child has already graduated from high |
16 | | school) beginning with the 2014-2015 school year shall cause |
17 | | such child to attend some public school in the district |
18 | | wherein the child resides the entire time it is in session |
19 | | during the regular school term, except as provided in Section |
20 | | 10-19.1, and during a required summer school program |
21 | | established under Section 10-22.33B; provided, that the |
22 | | following children shall not be required to attend the public |
23 | | schools: |
24 | | 1. Any child attending a private school, or a |
25 | | parochial school , or a homeschool where children are |
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1 | | taught the branches of education taught to children of |
2 | | corresponding age and grade in the public schools , and |
3 | | where the instruction of the child in the branches of |
4 | | education is in the English language ; |
5 | | 2. Any child who is physically or mentally unable to |
6 | | attend school, such disability being certified to the |
7 | | county or district truant officer by a competent physician |
8 | | licensed in Illinois to practice medicine and surgery in |
9 | | all its branches, a chiropractic physician licensed under |
10 | | the Medical Practice Act of 1987, a licensed advanced |
11 | | practice registered nurse, a licensed physician assistant, |
12 | | or a Christian Science practitioner residing in this State |
13 | | and listed in the Christian Science Journal; or who is |
14 | | excused for temporary absence for cause by the principal |
15 | | or teacher of the school which the child attends, with |
16 | | absence for cause by illness being required to include the |
17 | | mental or behavioral health of the child for up to 5 days |
18 | | for which the child need not provide a medical note, in |
19 | | which case the child shall be given the opportunity to |
20 | | make up any school work missed during the mental or |
21 | | behavioral health absence and, after the second mental |
22 | | health day used, may be referred to the appropriate school |
23 | | support personnel; the exemptions in this paragraph (2) do |
24 | | not apply to any female who is pregnant or the mother of |
25 | | one or more children, except where a female is unable to |
26 | | attend school due to a complication arising from her |
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1 | | pregnancy and the existence of such complication is |
2 | | certified to the county or district truant officer by a |
3 | | competent physician; |
4 | | 3. Any child necessarily and lawfully employed |
5 | | according to the provisions of the Child Labor Law of 2024 |
6 | | may be excused from attendance at school by the county |
7 | | superintendent of schools or the superintendent of the |
8 | | public school which the child should be attending, on |
9 | | certification of the facts by and the recommendation of |
10 | | the school board of the public school district in which |
11 | | the child resides. In districts having part-time |
12 | | continuation schools, children so excused shall attend |
13 | | such schools at least 8 hours each week; |
14 | | 4. Any child over 12 and under 14 years of age while in |
15 | | attendance at confirmation classes; |
16 | | 5. Any child absent from a public school on a |
17 | | particular day or days or at a particular time of day for |
18 | | the reason that he is unable to attend classes or to |
19 | | participate in any examination, study, or work |
20 | | requirements on a particular day or days or at a |
21 | | particular time of day because of religious reasons, |
22 | | including the observance of a religious holiday or |
23 | | participation in religious instruction, or because the |
24 | | tenets of his religion forbid secular activity on a |
25 | | particular day or days or at a particular time of day. A |
26 | | school board may require the parent or guardian of a child |
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1 | | who is to be excused from attending school because of |
2 | | religious reasons to give notice, not exceeding 5 days, of |
3 | | the child's absence to the school principal or other |
4 | | school personnel. Any child excused from attending school |
5 | | under this paragraph 5 shall not be required to submit a |
6 | | written excuse for such absence after returning to school. |
7 | | A district superintendent shall develop and distribute to |
8 | | schools appropriate procedures regarding a student's |
9 | | absence for religious reasons, how schools are notified of |
10 | | a student's impending absence for religious reasons, and |
11 | | the requirements of Section 26-2b of this Code; |
12 | | 6. Any child 16 years of age or older who (i) submits |
13 | | to a school district evidence of necessary and lawful |
14 | | employment pursuant to paragraph 3 of this Section and |
15 | | (ii) is enrolled in a graduation incentives program |
16 | | pursuant to Section 26-16 of this Code or an alternative |
17 | | learning opportunities program established pursuant to |
18 | | Article 13B of this Code; |
19 | | 7. A child in any of grades 6 through 12 absent from a |
20 | | public school on a particular day or days or at a |
21 | | particular time of day for the purpose of sounding "Taps" |
22 | | at a military honors funeral held in this State for a |
23 | | deceased veteran. In order to be excused under this |
24 | | paragraph 7, the student shall notify the school's |
25 | | administration at least 2 days prior to the date of the |
26 | | absence and shall provide the school's administration with |
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1 | | the date, time, and location of the military honors |
2 | | funeral. The school's administration may waive this 2-day |
3 | | notification requirement if the student did not receive at |
4 | | least 2 days advance notice, but the student shall notify |
5 | | the school's administration as soon as possible of the |
6 | | absence. A student whose absence is excused under this |
7 | | paragraph 7 shall be counted as if the student attended |
8 | | school for purposes of calculating the average daily |
9 | | attendance of students in the school district. A student |
10 | | whose absence is excused under this paragraph 7 must be |
11 | | allowed a reasonable time to make up school work missed |
12 | | during the absence. If the student satisfactorily |
13 | | completes the school work, the day of absence shall be |
14 | | counted as a day of compulsory attendance and he or she may |
15 | | not be penalized for that absence; and |
16 | | 8. Any child absent from a public school on a |
17 | | particular day or days or at a particular time of day for |
18 | | the reason that his or her parent or legal guardian is an |
19 | | active duty member of the uniformed services and has been |
20 | | called to duty for, is on leave from, or has immediately |
21 | | returned from deployment to a combat zone or |
22 | | combat-support postings. Such a student shall be granted 5 |
23 | | days of excused absences in any school year and, at the |
24 | | discretion of the school board, additional excused |
25 | | absences to visit the student's parent or legal guardian |
26 | | relative to such leave or deployment of the parent or |
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1 | | legal guardian. In the case of excused absences pursuant |
2 | | to this paragraph 8, the student and parent or legal |
3 | | guardian shall be responsible for obtaining assignments |
4 | | from the student's teacher prior to any period of excused |
5 | | absence and for ensuring that such assignments are |
6 | | completed by the student prior to his or her return to |
7 | | school from such period of excused absence ; and . |
8 | | 9. Any child attending a homeschool program, provided |
9 | | that the homeschool administrator meets the requirements |
10 | | of the Homeschool Act, as those terms are defined in the |
11 | | Homeschool Act. |
12 | | Any child from a public middle school or high school, |
13 | | subject to guidelines established by the State Board of |
14 | | Education, shall be permitted by a school board one school |
15 | | day-long excused absence per school year for the child who is |
16 | | absent from school to engage in a civic event. The school board |
17 | | may require that the student provide reasonable advance notice |
18 | | of the intended absence to the appropriate school |
19 | | administrator and require that the student provide |
20 | | documentation of participation in a civic event to the |
21 | | appropriate school administrator. |
22 | | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; |
23 | | 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. |
24 | | 1-1-23; 103-721, eff. 1-1-25 .) |
25 | | (105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a) |
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1 | | Sec. 26-3a. Report of pupils no longer enrolled in school. |
2 | | The clerk or secretary of the school board of all school |
3 | | districts shall furnish quarterly on the first school day of |
4 | | October, January, April and July to the regional |
5 | | superintendent and to the Secretary of State a list of pupils, |
6 | | excluding transferees, who have been expelled or have |
7 | | withdrawn or who have left school and have been removed from |
8 | | the regular attendance rolls during the period of time school |
9 | | was in regular session from the time of the previous quarterly |
10 | | report. Such list shall include the names and addresses of |
11 | | pupils formerly in attendance, the names and addresses of |
12 | | persons having custody or control of such pupils, the reason, |
13 | | if known, such pupils are no longer in attendance and the date |
14 | | of removal from the attendance rolls. The list shall also |
15 | | include the names of: pupils whose withdrawal is due to |
16 | | extraordinary circumstances, including but not limited to |
17 | | economic or medical necessity or family hardship, as |
18 | | determined by the criteria established by the school district; |
19 | | pupils who have re-enrolled in school since their names were |
20 | | removed from the attendance rolls; any pupil certified to be a |
21 | | chronic or habitual truant, as defined in Section 26-2a; and |
22 | | pupils previously certified as chronic or habitual truants who |
23 | | have resumed regular school attendance. The regional |
24 | | superintendent shall inform the county or district truant |
25 | | officer who shall investigate to see that such pupils are in |
26 | | compliance with the requirements of this Article. |
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1 | | Each local school district shall establish, in writing, a |
2 | | set of criteria for use by the local superintendent of schools |
3 | | in determining whether a pupil's failure to attend school is |
4 | | the result of extraordinary circumstances, including but not |
5 | | limited to economic or medical necessity or family hardship. |
6 | | If a pupil re-enrolls in school after his or her name was |
7 | | removed from the attendance rolls or resumes regular |
8 | | attendance after being certified a chronic or habitual truant, |
9 | | the pupil must obtain and forward to the Secretary of State, on |
10 | | a form designated by the Secretary of State, verification of |
11 | | his or her re-enrollment. The verification may be in the form |
12 | | of a signature or seal or in any other form determined by the |
13 | | school board. |
14 | | The State Board of Education shall, if possible, make |
15 | | available to any person, upon request, a comparison of drop |
16 | | out rates before and after the effective date of this |
17 | | amendatory Act of the 94th General Assembly. |
18 | | (Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.) |
19 | | (105 ILCS 5/26-5) (from Ch. 122, par. 26-5) |
20 | | Sec. 26-5. Duties of truant officers. |
21 | | (a) The truant officer of the school district, whenever |
22 | | notified by the Superintendent, teacher, or other person of |
23 | | violations of this Article, or the county truant officer, when |
24 | | notified by the County Superintendent, shall investigate all |
25 | | cases of truancy or non-attendance at school in their |
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1 | | respective jurisdictions, and if the children complained of |
2 | | are not exempt under the provisions of this Article, the |
3 | | truant officer shall proceed as is provided in this Article. |
4 | | The county truant officer, within the county and the district |
5 | | truant officers, within their respective districts, shall in |
6 | | the exercise of their duties be conservators of the peace and |
7 | | shall keep the same, suppress riots, routs, affray, fighting, |
8 | | breaches of the peace, and prevent crime; and may arrest |
9 | | offenders on view and cause them to be brought before proper |
10 | | officials for trial or examination. |
11 | | (b) The truant officer or county truant officer notified |
12 | | of a homeschool in violation of Section 30 of the Homeschool |
13 | | Act, shall meet with the child or children complained of and |
14 | | make an initial determination of whether there is cause to |
15 | | start a truancy investigation. |
16 | | (c) The truant officer or county truant officer who |
17 | | determines there is no cause to start a truancy investigation |
18 | | shall report the reasons for the determination to their |
19 | | respective office, and shall assist the homeschool in |
20 | | submitting the homeschool notification form in whatever way |
21 | | practicable. |
22 | | (Source: Laws 1961, p. 31.) |
23 | | (105 ILCS 5/26-7) (from Ch. 122, par. 26-7) |
24 | | Sec. 26-7. Notice to custodian-Notice of non-compliance. |
25 | | If any person fails to send any child under his custody or |
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1 | | control to some lawful school, the truant officer or, in a |
2 | | school district that does not have a truant officer, the |
3 | | regional superintendent of schools or his or her designee |
4 | | shall, as soon as practicable after he is notified thereof, |
5 | | give notice in person or by mail to such person that such child |
6 | | shall be present at the proper public school on the day |
7 | | following the receipt of such notice. The notice shall state |
8 | | the date that attendance at school must begin and that such |
9 | | attendance must be continuous and consecutive in the district |
10 | | during the remainder of the school year. The truant officer |
11 | | or, in a school district that does not have a truant officer, |
12 | | the regional superintendent of schools or his or her designee |
13 | | shall at the same time that such notice is given notify the |
14 | | teacher or superintendent of the proper public school thereof |
15 | | and the teacher or superintendent shall notify the truant |
16 | | officer or regional superintendent of schools of any |
17 | | non-compliance therewith. |
18 | | Beginning August 1, 2026, "lawful school", as used in this |
19 | | Section, means a registered school under Section 2-3.25o of |
20 | | this Code and includes a homeschool if the State Board of |
21 | | Education has been notified under the Homeschool Act. |
22 | | (Source: P.A. 93-858, eff. 1-1-05.) |
23 | | (105 ILCS 5/26-16) |
24 | | Sec. 26-16. Graduation incentives program. |
25 | | (a) The General Assembly finds that it is critical to |
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1 | | provide options for children to succeed in school. The purpose |
2 | | of this Section is to provide incentives for and encourage all |
3 | | Illinois students who have experienced or are experiencing |
4 | | difficulty in the traditional education system to enroll in |
5 | | alternative programs. |
6 | | (b) Any student who is below the age of 20 years is |
7 | | eligible to enroll in a graduation incentives program if he or |
8 | | she: |
9 | | (1) is considered a dropout pursuant to Section 26-2a |
10 | | of this Code; |
11 | | (2) has been suspended or expelled pursuant to Section |
12 | | 10-22.6 or 34-19 of this Code; |
13 | | (3) is pregnant or is a parent; |
14 | | (4) has been assessed as chemically dependent; or |
15 | | (5) is enrolled in a bilingual education or LEP |
16 | | program ; or . |
17 | | (6) was formerly enrolled in a homeschool program. |
18 | | (c) The following programs qualify as graduation |
19 | | incentives programs for students meeting the criteria |
20 | | established in this Section: |
21 | | (1) Any public elementary or secondary education |
22 | | graduation incentives program established by a school |
23 | | district or by a regional office of education. |
24 | | (2) Any alternative learning opportunities program |
25 | | established pursuant to Article 13B of this Code. |
26 | | (3) Vocational or job training courses approved by the |
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1 | | State Superintendent of Education that are available |
2 | | through the Illinois public community college system. |
3 | | Students may apply for reimbursement of 50% of tuition |
4 | | costs for one course per semester or a maximum of 3 courses |
5 | | per school year. Subject to available funds, students may |
6 | | apply for reimbursement of up to 100% of tuition costs |
7 | | upon a showing of employment within 6 months after |
8 | | completion of a vocational or job training program. The |
9 | | qualifications for reimbursement shall be established by |
10 | | the State Superintendent of Education by rule. |
11 | | (4) Job and career programs approved by the State |
12 | | Superintendent of Education that are available through |
13 | | Illinois-accredited private business and vocational |
14 | | schools. Subject to available funds, pupils may apply for |
15 | | reimbursement of up to 100% of tuition costs upon a |
16 | | showing of employment within 6 months after completion of |
17 | | a job or career program. The State Superintendent of |
18 | | Education shall establish, by rule, the qualifications for |
19 | | reimbursement, criteria for determining reimbursement |
20 | | amounts, and limits on reimbursement. |
21 | | (5) Adult education courses that offer preparation for |
22 | | high school equivalency testing. |
23 | | (d) Graduation incentives programs established by school |
24 | | districts are entitled to claim general State aid and |
25 | | evidence-based funding, subject to Sections 13B-50, 13B-50.5, |
26 | | and 13B-50.10 of this Code. Graduation incentives programs |
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1 | | operated by regional offices of education are entitled to |
2 | | receive general State aid and evidence-based funding at the |
3 | | foundation level of support per pupil enrolled. A school |
4 | | district must ensure that its graduation incentives program |
5 | | receives supplemental general State aid, transportation |
6 | | reimbursements, and special education resources, if |
7 | | appropriate, for students enrolled in the program. |
8 | | (Source: P.A. 100-465, eff. 8-31-17.) |
9 | | Section 910. The Illinois School Student Records Act is |
10 | | amended by changing Sections 2, 3, and 6 as follows: |
11 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2) |
12 | | (Text of Section before amendment by P.A. 102-466 ) |
13 | | Sec. 2. As used in this Act: |
14 | | (a) "Student" means any person enrolled or previously |
15 | | enrolled in a school. |
16 | | (b) "School" means any public preschool, day care center, |
17 | | kindergarten, nursery, elementary or secondary educational |
18 | | institution, vocational school, special educational facility |
19 | | or any other elementary or secondary educational agency or |
20 | | institution and any person, agency or institution which |
21 | | maintains school student records from more than one school, |
22 | | but does not include a private or non-public school. |
23 | | (c) "State Board" means the State Board of Education. |
24 | | (d) "School Student Record" means any writing or other |
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1 | | recorded information concerning a student and by which a |
2 | | student may be individually identified, maintained by a school |
3 | | or at its direction or by an employee of a school, regardless |
4 | | of how or where the information is stored. The following shall |
5 | | not be deemed school student records under this Act: writings |
6 | | or other recorded information maintained by an employee of a |
7 | | school or other person at the direction of a school for his or |
8 | | her exclusive use; provided that all such writings and other |
9 | | recorded information are destroyed not later than the |
10 | | student's graduation or permanent withdrawal from the school; |
11 | | and provided further that no such records or recorded |
12 | | information may be released or disclosed to any person except |
13 | | a person designated by the school as a substitute unless they |
14 | | are first incorporated in a school student record and made |
15 | | subject to all of the provisions of this Act. School student |
16 | | records shall not include information maintained by law |
17 | | enforcement professionals working in the school. |
18 | | (e) "Student Permanent Record" means the minimum personal |
19 | | information necessary to a school in the education of the |
20 | | student and contained in a school student record. Such |
21 | | information may include the student's name, birth date, |
22 | | address, grades and grade level, parents' names and addresses, |
23 | | attendance records, and such other entries as the State Board |
24 | | may require or authorize. "Student Permanent Record" does not |
25 | | include a homeschool notification form or any record that a |
26 | | homeschool administrator submits to a school district for |
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1 | | proof of a homeschooled student's immunization and health |
2 | | examination as required by Section 27-8.1 of the School Code. |
3 | | (f) "Student Temporary Record" means all information |
4 | | contained in a school student record but not contained in the |
5 | | student permanent record. Such information may include family |
6 | | background information, intelligence test scores, aptitude |
7 | | test scores, psychological and personality test results, |
8 | | teacher evaluations, and other information of clear relevance |
9 | | to the education of the student, all subject to regulations of |
10 | | the State Board. The information shall include information |
11 | | provided under Section 8.6 of the Abused and Neglected Child |
12 | | Reporting Act and information contained in service logs |
13 | | maintained by a local education agency under subsection (d) of |
14 | | Section 14-8.02f of the School Code. In addition, the student |
15 | | temporary record shall include information regarding serious |
16 | | disciplinary infractions that resulted in expulsion, |
17 | | suspension, or the imposition of punishment or sanction. For |
18 | | purposes of this provision, serious disciplinary infractions |
19 | | means: infractions involving drugs, weapons, or bodily harm to |
20 | | another. "Student Temporary Record" does not include a |
21 | | homeschool notification form or any record that a homeschool |
22 | | administrator submits to a school district for proof of a |
23 | | homeschooled student's immunization and health examination as |
24 | | required by Section 27-8.1 of the School Code. |
25 | | (g) "Parent" means a person who is the natural parent of |
26 | | the student or other person who has the primary responsibility |
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1 | | for the care and upbringing of the student. All rights and |
2 | | privileges accorded to a parent under this Act shall become |
3 | | exclusively those of the student upon his 18th birthday, |
4 | | graduation from secondary school, marriage or entry into |
5 | | military service, whichever occurs first. Such rights and |
6 | | privileges may also be exercised by the student at any time |
7 | | with respect to the student's permanent school record. |
8 | | (h) "Department" means the Department of Children and |
9 | | Family Services. |
10 | | (i) "Homeschool administrator" and "homeschool |
11 | | notification form" have the meanings given to those terms in |
12 | | the Homeschool Act. |
13 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
14 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
15 | | (Text of Section after amendment by P.A. 102-466 ) |
16 | | Sec. 2. As used in this Act: |
17 | | (a) "Student" means any person enrolled or previously |
18 | | enrolled in a school. |
19 | | (b) "School" means any public preschool, day care center, |
20 | | kindergarten, nursery, elementary or secondary educational |
21 | | institution, vocational school, special educational facility |
22 | | or any other elementary or secondary educational agency or |
23 | | institution and any person, agency or institution which |
24 | | maintains school student records from more than one school, |
25 | | but does not include a private or non-public school. |
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1 | | (c) "State Board" means the State Board of Education. |
2 | | (d) "School Student Record" means any writing or other |
3 | | recorded information concerning a student and by which a |
4 | | student may be individually identified, maintained by a school |
5 | | or at its direction or by an employee of a school, regardless |
6 | | of how or where the information is stored. The following shall |
7 | | not be deemed school student records under this Act: writings |
8 | | or other recorded information maintained by an employee of a |
9 | | school or other person at the direction of a school for his or |
10 | | her exclusive use; provided that all such writings and other |
11 | | recorded information are destroyed not later than the |
12 | | student's graduation or permanent withdrawal from the school; |
13 | | and provided further that no such records or recorded |
14 | | information may be released or disclosed to any person except |
15 | | a person designated by the school as a substitute unless they |
16 | | are first incorporated in a school student record and made |
17 | | subject to all of the provisions of this Act. School student |
18 | | records shall not include information maintained by law |
19 | | enforcement professionals working in the school. |
20 | | (e) "Student Permanent Record" means the minimum personal |
21 | | information necessary to a school in the education of the |
22 | | student and contained in a school student record. Such |
23 | | information may include the student's name, birth date, |
24 | | address, grades and grade level, parents' names and addresses, |
25 | | attendance records, and such other entries as the State Board |
26 | | may require or authorize. "Student Permanent Record" does not |
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1 | | include a homeschool notification form or any record that a |
2 | | homeschool administrator submits to a school district for |
3 | | proof of a homeschooled student's immunization and health |
4 | | examination as required by Section 27-8.1 of the School Code. |
5 | | (f) "Student Temporary Record" means all information |
6 | | contained in a school student record but not contained in the |
7 | | student permanent record. Such information may include family |
8 | | background information, intelligence test scores, aptitude |
9 | | test scores, psychological and personality test results, |
10 | | teacher evaluations, and other information of clear relevance |
11 | | to the education of the student, all subject to regulations of |
12 | | the State Board. The information shall include all of the |
13 | | following: |
14 | | (1) Information provided under Section 8.6 of the |
15 | | Abused and Neglected Child Reporting Act and information |
16 | | contained in service logs maintained by a local education |
17 | | agency under subsection (d) of Section 14-8.02f of the |
18 | | School Code. |
19 | | (2) Information regarding serious disciplinary |
20 | | infractions that resulted in expulsion, suspension, or the |
21 | | imposition of punishment or sanction. For purposes of this |
22 | | provision, serious disciplinary infractions means: |
23 | | infractions involving drugs, weapons, or bodily harm to |
24 | | another. |
25 | | (3) Information concerning a student's status and |
26 | | related experiences as a parent, expectant parent, or |
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1 | | victim of domestic or sexual violence, as defined in |
2 | | Article 26A of the School Code, including a statement of |
3 | | the student or any other documentation, record, or |
4 | | corroborating evidence and the fact that the student has |
5 | | requested or obtained assistance, support, or services |
6 | | related to that status. Enforcement of this paragraph (3) |
7 | | shall follow the procedures provided in Section 26A-40 of |
8 | | the School Code. |
9 | | "Student Temporary Record" does not include a homeschool |
10 | | notification form or any record that a homeschool |
11 | | administrator submits to a school district for proof of a |
12 | | homeschooled student's immunization and health examination as |
13 | | required by Section 27-8.1 of the School Code. |
14 | | (g) "Parent" means a person who is the natural parent of |
15 | | the student or other person who has the primary responsibility |
16 | | for the care and upbringing of the student. All rights and |
17 | | privileges accorded to a parent under this Act shall become |
18 | | exclusively those of the student upon his 18th birthday, |
19 | | graduation from secondary school, marriage or entry into |
20 | | military service, whichever occurs first. Such rights and |
21 | | privileges may also be exercised by the student at any time |
22 | | with respect to the student's permanent school record. |
23 | | (h) "Department" means the Department of Children and |
24 | | Family Services. |
25 | | (i) "Homeschool administrator" and "homeschool |
26 | | notification form" have the meanings given to those terms in |
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1 | | the Homeschool Act. |
2 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
3 | | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. |
4 | | 5-13-22.) |
5 | | (105 ILCS 10/3) (from Ch. 122, par. 50-3) |
6 | | Sec. 3. (a) The State Board shall issue regulations to |
7 | | govern the contents of school student records, to implement |
8 | | and assure compliance with the provisions of this Act and to |
9 | | prescribe appropriate procedures and forms for all |
10 | | administrative proceedings, notices and consents required or |
11 | | permitted under this Act. All such regulations and any rules |
12 | | and regulations adopted by any school relating to the |
13 | | maintenance of, access to, dissemination of or challenge to |
14 | | school student records shall be available to the general |
15 | | public. Any information exempt from this Act under the |
16 | | Homeschool Act is prohibited from being included in school |
17 | | student records. |
18 | | (b) The State Board, each local school board or other |
19 | | governing body and each school shall take reasonable measures |
20 | | to assure that all persons accorded rights or obligations |
21 | | under this Act are informed of such rights and obligations. |
22 | | (c) The principal of each school or the person with like |
23 | | responsibilities or his or her designate shall take all action |
24 | | necessary to assure that school personnel are informed of the |
25 | | provisions of this Act. |
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1 | | (Source: P.A. 79-1108.) |
2 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6) |
3 | | Sec. 6. (a) No school student records or information |
4 | | contained therein may be released, transferred, disclosed or |
5 | | otherwise disseminated, except as follows: |
6 | | (1) to a parent or student or person specifically |
7 | | designated as a representative by a parent, as provided in |
8 | | paragraph (a) of Section 5; |
9 | | (2) to an employee or official of the school or school |
10 | | district or State Board with current demonstrable |
11 | | educational or administrative interest in the student, in |
12 | | furtherance of such interest; |
13 | | (3) to the official records custodian of another |
14 | | school within Illinois or an official with similar |
15 | | responsibilities of a school outside Illinois, in which |
16 | | the student has enrolled, or intends to enroll, upon the |
17 | | request of such official or student; |
18 | | (4) to any person for the purpose of research, |
19 | | statistical reporting, or planning, provided that such |
20 | | research, statistical reporting, or planning is |
21 | | permissible under and undertaken in accordance with the |
22 | | federal Family Educational Rights and Privacy Act (20 |
23 | | U.S.C. 1232g); |
24 | | (5) pursuant to a court order, provided that the |
25 | | parent shall be given prompt written notice upon receipt |
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1 | | of such order of the terms of the order, the nature and |
2 | | substance of the information proposed to be released in |
3 | | compliance with such order and an opportunity to inspect |
4 | | and copy the school student records and to challenge their |
5 | | contents pursuant to Section 7; |
6 | | (6) to any person as specifically required by State or |
7 | | federal law; |
8 | | (6.5) to juvenile authorities when necessary for the |
9 | | discharge of their official duties who request information |
10 | | prior to adjudication of the student and who certify in |
11 | | writing that the information will not be disclosed to any |
12 | | other party except as provided under law or order of |
13 | | court. For purposes of this Section "juvenile authorities" |
14 | | means: (i) a judge of the circuit court and members of the |
15 | | staff of the court designated by the judge; (ii) parties |
16 | | to the proceedings under the Juvenile Court Act of 1987 |
17 | | and their attorneys; (iii) probation officers and court |
18 | | appointed advocates for the juvenile authorized by the |
19 | | judge hearing the case; (iv) any individual, public or |
20 | | private agency having custody of the child pursuant to |
21 | | court order; (v) any individual, public or private agency |
22 | | providing education, medical or mental health service to |
23 | | the child when the requested information is needed to |
24 | | determine the appropriate service or treatment for the |
25 | | minor; (vi) any potential placement provider when such |
26 | | release is authorized by the court for the limited purpose |
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1 | | of determining the appropriateness of the potential |
2 | | placement; (vii) law enforcement officers and prosecutors; |
3 | | (viii) adult and juvenile prisoner review boards; (ix) |
4 | | authorized military personnel; (x) individuals authorized |
5 | | by court; |
6 | | (7) subject to regulations of the State Board, in |
7 | | connection with an emergency, to appropriate persons if |
8 | | the knowledge of such information is necessary to protect |
9 | | the health or safety of the student or other persons; |
10 | | (8) to any person, with the prior specific dated |
11 | | written consent of the parent designating the person to |
12 | | whom the records may be released, provided that at the |
13 | | time any such consent is requested or obtained, the parent |
14 | | shall be advised in writing that he has the right to |
15 | | inspect and copy such records in accordance with Section |
16 | | 5, to challenge their contents in accordance with Section |
17 | | 7 and to limit any such consent to designated records or |
18 | | designated portions of the information contained therein; |
19 | | (9) to a governmental agency, or social service agency |
20 | | contracted by a governmental agency, in furtherance of an |
21 | | investigation of a student's school attendance pursuant to |
22 | | the compulsory student attendance laws of this State, |
23 | | provided that the records are released to the employee or |
24 | | agent designated by the agency; |
25 | | (10) to those SHOCAP committee members who fall within |
26 | | the meaning of "state and local officials and |
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1 | | authorities", as those terms are used within the meaning |
2 | | of the federal Family Educational Rights and Privacy Act, |
3 | | for the purposes of identifying serious habitual juvenile |
4 | | offenders and matching those offenders with community |
5 | | resources pursuant to Section 5-145 of the Juvenile Court |
6 | | Act of 1987, but only to the extent that the release, |
7 | | transfer, disclosure, or dissemination is consistent with |
8 | | the Family Educational Rights and Privacy Act; |
9 | | (11) to the Department of Healthcare and Family |
10 | | Services in furtherance of the requirements of Section |
11 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or |
12 | | Section 10 of the School Breakfast and Lunch Program Act; |
13 | | (12) to the State Board or another State government |
14 | | agency or between or among State government agencies in |
15 | | order to evaluate or audit federal and State programs or |
16 | | perform research and planning, but only to the extent that |
17 | | the release, transfer, disclosure, or dissemination is |
18 | | consistent with the federal Family Educational Rights and |
19 | | Privacy Act (20 U.S.C. 1232g); |
20 | | (12.5) if the student is in the legal custody of the |
21 | | Department of Children and Family Services, to the |
22 | | Department's Office of Education and Transition Services; |
23 | | or |
24 | | (13) under an intergovernmental agreement if an |
25 | | elementary school district and a high school district have |
26 | | attendance boundaries that overlap and are parties to an |
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1 | | intergovernmental agreement that allows the sharing of |
2 | | student records and information between the districts. |
3 | | However, the sharing of student information is allowed |
4 | | under an intergovernmental agreement only if the |
5 | | intergovernmental agreement meets all of the following |
6 | | requirements: |
7 | | (A) The sharing of student information must be |
8 | | voluntary and at the discretion of each school |
9 | | district that is a party to the agreement. |
10 | | (B) The sharing of student information applies |
11 | | only to students who have been enrolled in both |
12 | | districts or would be enrolled in both districts based |
13 | | on district attendance boundaries, and the student's |
14 | | parent or guardian has expressed in writing that the |
15 | | student intends to enroll or has enrolled in the high |
16 | | school district. |
17 | | (C) The sharing of student information does not |
18 | | exceed the scope of information that is shared among |
19 | | schools in a unit school district. However, the terms |
20 | | of an intergovernmental agreement may place further |
21 | | limitations on the information that is allowed to be |
22 | | shared ; or . |
23 | | (14) to the State Board of Education or a school or |
24 | | school district's regional office of education or |
25 | | intermediate service center or, in the case of a school |
26 | | district organized under Article 34 of the School Code, |
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1 | | the general superintendent of schools only for the |
2 | | purposes of transmitting a homeschool notification form to |
3 | | one of these entities in accordance with the Homeschool |
4 | | Act. |
5 | | (b) No information may be released pursuant to |
6 | | subparagraph (3) or (6) of paragraph (a) of this Section 6 |
7 | | unless the parent receives prior written notice of the nature |
8 | | and substance of the information proposed to be released, and |
9 | | an opportunity to inspect and copy such records in accordance |
10 | | with Section 5 and to challenge their contents in accordance |
11 | | with Section 7. Provided, however, that such notice shall be |
12 | | sufficient if published in a local newspaper of general |
13 | | circulation or other publication directed generally to the |
14 | | parents involved where the proposed release of information is |
15 | | pursuant to subparagraph (6) of paragraph (a) of this Section |
16 | | 6 and relates to more than 25 students. |
17 | | A homeschool notification form being transmitted in |
18 | | accordance with the provisions of the Homeschool Act to the |
19 | | State Board of Education or the school or school district's |
20 | | regional office of education or intermediate service center |
21 | | or, in the case of a school district organized under Article 34 |
22 | | of the School Code, the general superintendent of schools is |
23 | | not subject to the requirements of paragraph (a) of this |
24 | | Section. |
25 | | (c) A record of any release of information pursuant to |
26 | | this Section must be made and kept as a part of the school |
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1 | | student record and subject to the access granted by Section 5. |
2 | | Such record of release shall be maintained for the life of the |
3 | | school student records and shall be available only to the |
4 | | parent and the official records custodian. Each record of |
5 | | release shall also include: |
6 | | (1) the nature and substance of the information |
7 | | released; |
8 | | (2) the name and signature of the official records |
9 | | custodian releasing such information; |
10 | | (3) the name of the person requesting such |
11 | | information, the capacity in which such a request has been |
12 | | made, and the purpose of such request; |
13 | | (4) the date of the release; and |
14 | | (5) a copy of any consent to such release. |
15 | | (d) Except for the student and his or her parents or, if |
16 | | applicable, the Department's Office of Education and |
17 | | Transition Services, no person to whom information is released |
18 | | pursuant to this Section and no person specifically designated |
19 | | as a representative by a parent may permit any other person to |
20 | | have access to such information without a prior consent of the |
21 | | parent obtained in accordance with the requirements of |
22 | | subparagraph (8) of paragraph (a) of this Section. |
23 | | (e) Nothing contained in this Act shall prohibit the |
24 | | publication of student directories which list student names, |
25 | | addresses and other identifying information and similar |
26 | | publications which comply with regulations issued by the State |
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1 | | Board. |
2 | | (Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; |
3 | | 102-813, eff. 5-13-22.) |
4 | | Section 915. The Abused and Neglected Child Reporting Act |
5 | | is amended by adding Section 4.4d as follows: |
6 | | (325 ILCS 5/4.4d new) |
7 | | Sec. 4.4d. Duty to refer caller to regional office of |
8 | | education, intermediate service center, or superintendent. |
9 | | Whenever the Department receives, by means of its statewide |
10 | | toll-free telephone number established under Section 7.6 for |
11 | | the purpose of reporting suspected child abuse or neglect or |
12 | | by any other means or from any mandated reporter under Section |
13 | | 4, a report of suspected truancy, the Department shall notify |
14 | | the caller that the report must go to the local regional office |
15 | | of education, intermediate service center, or general |
16 | | superintendent of schools or a designee of the superintendent |
17 | | for a school district organized under Article 34 of the School |
18 | | Code that is associated with the child's address. The |
19 | | Department shall inform the caller of what website includes |
20 | | the information to find the relevant regional office of |
21 | | education, intermediate service center, or general |
22 | | superintendent of schools or a designee of the superintendent |
23 | | for a school district organized under Article 34 of the School |
24 | | Code. |