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Rep. Terra Costa Howard
Filed: 3/13/2025
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1 | | AMENDMENT TO HOUSE BILL 2827
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2 | | AMENDMENT NO. ______. Amend House Bill 2827 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Homeschool Act. |
6 | | Section 5. Application. Nothing in this Act applies to |
7 | | non-home-based, nonpublic schools, including, but not limited |
8 | | to, those that are registered or recognized under Section |
9 | | 2-3.25o of the School Code. |
10 | | Section 10. Findings. The General Assembly makes all of |
11 | | the following findings: |
12 | | (1) There are a number of children participating in |
13 | | homeschool programs in this State, and homeschooling is |
14 | | currently the fastest growing form of education in the |
15 | | United States. The true number of homeschooled children is |
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1 | | likely to remain unknown without adequate notification and |
2 | | oversight. |
3 | | (2) The laws of this State do not adequately protect |
4 | | homeschooled children in situations when notification of |
5 | | the type of schooling of the child would help reduce |
6 | | vulnerabilities to abuse and neglect. |
7 | | (3) The notification of and requirements for |
8 | | homeschooling are in the best interests of children to |
9 | | receive a safe and sufficient education. |
10 | | (4) Public schools are encouraged to the best of their |
11 | | ability to offer their programming to homeschooled |
12 | | students and families and to have open communication with |
13 | | homeschool families. |
14 | | Section 15. Definitions. As used in this Act: |
15 | | "Educational portfolio" means a set of records and |
16 | | materials that document a child's educational progress during |
17 | | the preceding school year and includes, but is not limited to: |
18 | | (1) a log, which designates by title the curricular |
19 | | materials used; |
20 | | (2) samples of any writings, worksheets, workbooks, or |
21 | | creative materials used or developed by the child; and |
22 | | (3) the homeschool administrator's individualized |
23 | | assessment of the child's academic progress in each |
24 | | subject area of instruction. |
25 | | "Homeschool administrator" means the parent or guardian of |
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1 | | a child, another member of the household of a child, or anyone |
2 | | who may exercise legal custody over a child, as defined in |
3 | | Section 10-20.12b of the School Code, who is responsible for |
4 | | the provision of a homeschool program. |
5 | | "Homeschool Declaration Form" means a template form |
6 | | created by the State Board of Education to be used by a |
7 | | homeschool administrator to verify that the child is enrolled |
8 | | in a homeschool program. |
9 | | "Homeschool program" means a nonpublic school consisting |
10 | | of the children of not more than one household, where a |
11 | | homeschool administrator is responsible for providing a course |
12 | | of instruction sufficient to satisfy the education |
13 | | requirements set forth in Section 26-1 of the School Code. |
14 | | Section 20. Homeschool Declaration Form; homeschool |
15 | | administrators. |
16 | | (a) The State Board of Education shall create a Homeschool |
17 | | Declaration Form to be used by a homeschool administrator to |
18 | | submit information indicating that a child is enrolled in a |
19 | | homeschool program to the principal of the public school that |
20 | | the homeschooled child would otherwise attend or to the school |
21 | | district that the homeschooled child would otherwise attend. |
22 | | The public school or the school district shall transmit the |
23 | | Homeschool Declaration Form to the school district's regional |
24 | | office of education or intermediate service center or, in the |
25 | | case of a school district organized under Article 34 of the |
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1 | | School Code, the general superintendent. The regional office |
2 | | of education or intermediate service center or, in the case of |
3 | | a school district organized under Article 34 of the School |
4 | | Code, the general superintendent shall store the information |
5 | | for children enrolled in a homeschool program in its area. |
6 | | The Homeschool Declaration Form shall include, but not be |
7 | | limited to: the name, birth date, grade level, and home |
8 | | address of the child; the name, birth date, contact |
9 | | information, and home address of the homeschool administrator; |
10 | | and assurance that the homeschool administrator has received a |
11 | | high school diploma or its recognized equivalent. |
12 | | The State Board of Education shall create the template of |
13 | | the Homeschool Declaration Form no later than June 1, 2026. |
14 | | The template of the Homeschool Declaration Form must be |
15 | | publicly displayed and accessible on the State Board of |
16 | | Education's website no later than July 1, 2026. |
17 | | (b) Beginning August 1, 2026, a homeschool administrator |
18 | | must submit a Homeschool Declaration Form to the principal of |
19 | | the public school that the homeschooled child would otherwise |
20 | | attend or to the school district that the homeschooled child |
21 | | would otherwise attend. The Homeschool Declaration Form shall |
22 | | be resubmitted by August 1 of each year that the homeschool |
23 | | administrator intends to provide a homeschool program. The |
24 | | principal or school district must transmit all received |
25 | | Homeschool Declaration Forms to the school district's regional |
26 | | office of education or intermediate service center or, in the |
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1 | | case of a school district organized under Article 34 of the |
2 | | School Code, the general superintendent by September 1 of each |
3 | | year. All received Homeschool Declaration Forms shall be |
4 | | stored by the regional office of education or intermediate |
5 | | service center or, in the case of a school district organized |
6 | | under Article 34 of the School Code, the general |
7 | | superintendent. The regional office of education or |
8 | | intermediate service center or, in the case of a school |
9 | | district organized under Article 34 of the School Code, the |
10 | | general superintendent shall store the information for |
11 | | children enrolled in a homeschool program in its area. A |
12 | | Homeschool Declaration Form shall be submitted by a homeschool |
13 | | administrator: |
14 | | (1) by August 1 of each school year a child will |
15 | | receive instruction through a homeschool program, starting |
16 | | for the school year in which the child will turn age 6; |
17 | | (2) within 10 business days after a parent or guardian |
18 | | withdraws a child from public school after age 6 to enroll |
19 | | the child in a homeschool program; or |
20 | | (3) within 10 business days after moving within the |
21 | | boundaries of a new school district. |
22 | | If a Homeschool Declaration Form is submitted to the |
23 | | incorrect principal or school district, based on the home |
24 | | address provided on the form, the principal or school district |
25 | | shall inform the homeschool administrator of the principal or |
26 | | school district to which the Homeschool Declaration Form must |
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1 | | be submitted. It is then the homeschool administrator's |
2 | | responsibility to submit the form to that principal or school |
3 | | district. |
4 | | (c) A school district, regional office of education, or |
5 | | intermediate service center may receive the required |
6 | | information under this Section through an electronic or |
7 | | web-based format, but must not require the electronic or |
8 | | web-based submission of information under this Section from |
9 | | the homeschool administrator under this subsection (c). |
10 | | A school district, other than a school district organized |
11 | | under Article 34 of the School Code, is not required to |
12 | | maintain a record of the required information under this |
13 | | Section after it has been transmitted to the school district's |
14 | | regional office of education or intermediate service center |
15 | | but may choose to retain this information in order to offer |
16 | | homeschooled children in the school district access to school |
17 | | programming, including, but not limited to, dental, vision, |
18 | | and hearing screenings, school newsletters, parent education |
19 | | programs, and field trips. A regional office of education or |
20 | | intermediate service center or a school district organized |
21 | | under Article 34 of the School Code shall maintain a record of |
22 | | the required information under this Section for no less than 5 |
23 | | years. |
24 | | (d) Any personally identifying information of a child, |
25 | | parent, guardian, or educator on a Homeschool Declaration Form |
26 | | is confidential and exempt from the Freedom of Information Act |
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1 | | and the Illinois School Student Records Act. Homeschool |
2 | | Declaration Forms submitted under this Section are not subject |
3 | | to disclosure under the Freedom of Information Act. |
4 | | (e) The State Board of Education shall maintain resources |
5 | | for all homeschool administrators. The resources shall |
6 | | include, but shall not be limited to, instructions on how to |
7 | | fill out the Homeschool Declaration Form, how to submit the |
8 | | Homeschool Declaration Form to a principal or to a school |
9 | | district, and how to locate and contact a regional office of |
10 | | education or intermediate service center. The resources shall |
11 | | be publicly displayed on the State Board of Education's |
12 | | website no later than July 1, 2026. |
13 | | (f) A copy of a homeschool administrator's proof of high |
14 | | school graduation or its recognized equivalent shall be made |
15 | | available upon request by a regional office of education or |
16 | | intermediate service center or, in the case of a school |
17 | | district organized under Article 34 of the School Code, the |
18 | | general superintendent of schools based on questions of |
19 | | truancy or whether an adequate education is occurring. |
20 | | Section 25. Failure to submit; truancy; educational |
21 | | portfolio. |
22 | | (a) If the homeschool administrator for a child enrolled |
23 | | in a homeschool program has not submitted to the principal of |
24 | | the applicable public school or to the applicable school |
25 | | district a Homeschool Declaration Form pursuant to Section 20, |
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1 | | the child shall be considered truant under Section 26-1 of the |
2 | | School Code and the homeschool administrator for the child |
3 | | shall be subject to the penalties set forth in Sections 26-10 |
4 | | and 26-11 of the School Code. |
5 | | (b) A truant officer, regional office of education, or |
6 | | intermediate service center must send the notice required |
7 | | under Section 26-7 of the School Code to a homeschool |
8 | | administrator if the truant officer, regional office of |
9 | | education, or intermediate service center has knowledge that |
10 | | the homeschool administrator is operating a homeschool program |
11 | | and has not notified a public school through the submission of |
12 | | a Homeschool Declaration Form. This notice must include |
13 | | instructions on how the homeschool administrator can fill out |
14 | | the Homeschool Declaration Form for the homeschool |
15 | | administrator's homeschool program. |
16 | | A regional office of education or intermediate service |
17 | | center is empowered to conduct truancy hearings and |
18 | | proceedings under Section 26-8 of the School Code for any |
19 | | homeschool administrator who fails to complete and submit the |
20 | | Homeschool Declaration Form for the homeschool administrator's |
21 | | homeschool program after being provided 3 required notices |
22 | | within 10 business days. |
23 | | For each contact made with a homeschool administrator |
24 | | under this subsection (b), a copy of the Homeschool |
25 | | Declaration Form and instructions on how to submit it must be |
26 | | provided. |
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1 | | (c) A regional office of education or intermediate service |
2 | | center or school district organized under Article 34 of the |
3 | | School Code may request that a homeschool administrator |
4 | | provide an educational portfolio as evidence that the |
5 | | homeschool administrator's homeschool program provides a |
6 | | course of instruction that is sufficient to satisfy the |
7 | | education requirements set forth in Sections 26-1 and 27-1 of |
8 | | the School Code and that is at least commensurate with the |
9 | | standards prescribed for public schools. |
10 | | (d) A child enrolled in a homeschool program for whom an |
11 | | annual Homeschool Declaration Form has been submitted by the |
12 | | homeschool administrator and, if requested, an educational |
13 | | portfolio has been provided as evidence of an adequate |
14 | | education under subsection (c) is not considered truant and is |
15 | | exempt from attending public school under paragraph 9 of |
16 | | Section 26-1 of the School Code. |
17 | | Section 30. Health examination and immunization reporting. |
18 | | Beginning with the 2026-2027 school year, if a child in a |
19 | | homeschool program seeks to enroll part time in a public |
20 | | school or participate in any public school activities taking |
21 | | place on or off of school grounds, the homeschool |
22 | | administrator must submit proof to the school district where |
23 | | the homeschool program is located that the child has received |
24 | | all immunizations and health examinations required under |
25 | | Section 27-8.1 of the School Code and the rules adopted by the |
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1 | | Department of Public Health under Section 27.8-1 of the School |
2 | | Code or a signed Certificate of Religious Exemption under |
3 | | Section 27-8.1 of the School Code. |
4 | | Only if a child in a homeschool program seeks to enroll |
5 | | part time in a public school or participate in any regularly |
6 | | occurring, public-school-sponsored, public-school activities |
7 | | taking place on or off school grounds shall the parent or |
8 | | guardian of the child submit proof of the child's |
9 | | immunizations and health examinations or a signed Certificate |
10 | | of Religious Exemption to the principal of the public school |
11 | | that the child would otherwise attend by October 15 of the |
12 | | current school year or by an earlier date during the current |
13 | | school year established by the school district. |
14 | | Section 35. Requirements for homeschool programs. |
15 | | (a) A homeschool administrator must have, at a minimum, a |
16 | | high school diploma or its recognized equivalent. If a |
17 | | regional office of education or intermediate service center or |
18 | | a school district organized under Article 34 of the School |
19 | | Code has concerns about truancy or whether the homeschool |
20 | | administrator is providing an adequate education, the |
21 | | designated truancy officer may request proof of the homeschool |
22 | | administrator's high school diploma or its recognized |
23 | | equivalent. If there is a truancy hearing under Section 26-8 |
24 | | of the School Code, the homeschool administrator shall provide |
25 | | proof of the homeschool administrator's high school diploma or |
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1 | | its recognized equivalent or any degree obtained from an |
2 | | institution of higher education. |
3 | | (b) A child enrolled in a homeschool program shall receive |
4 | | instruction in language arts, mathematics, biological, |
5 | | physical, and social sciences, fine arts, and physical |
6 | | development and health as provided in Section 27-1 of the |
7 | | School Code. |
8 | | (c) No individual may administer a child's homeschool |
9 | | program or provide direct instruction to a child in a |
10 | | homeschool program if the individual has been convicted of any |
11 | | offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or |
12 | | 11-1.60 of the Criminal Code of 2012. |
13 | | Section 40. Department of Children and Family Services; |
14 | | investigation. |
15 | | (a) The Department of Children and Family Services shall |
16 | | alert the relevant regional office of education or |
17 | | intermediate service center or a school district organized |
18 | | under Article 34 of this Code if a child whom the Department |
19 | | has had contact with is being homeschooled. The Department |
20 | | shall provide the child's name, home address, and contact |
21 | | information to the regional office of education, intermediate |
22 | | service center, or school district. The regional office of |
23 | | education, intermediate service center, or school district has |
24 | | the power to conduct an investigation to see if a Homeschool |
25 | | Declaration Form under Section 20 has been submitted for the |
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1 | | child and any other investigations as needed. |
2 | | (b) Nothing in this Act supersedes the Department of |
3 | | Children and Family Services Guardianship Administrator's |
4 | | authority to approve or deny whether a youth under the custody |
5 | | or guardianship of the Department of Children and Family |
6 | | Services Guardianship Administrator may participate in a |
7 | | homeschool program. Consent must be obtained from the |
8 | | Department of Children and Family Services Guardianship |
9 | | Administrator prior to the Homeschool Declaration Form being |
10 | | submitted under subsection (b) of Section 20 for all youth |
11 | | under the custody or guardianship of the Department of |
12 | | Children and Family Services Guardianship Administrator. |
13 | | Section 900. Reports. |
14 | | (a) On or before July 31, 2027 and on or before July 31 of |
15 | | every year thereafter, every regional office of education and |
16 | | intermediate service center and a school district organized |
17 | | under Article 34 of the School Code must make an annual report |
18 | | to the State Superintendent of Education containing data on |
19 | | homeschooling. The report shall include the total count of |
20 | | students receiving homeschooling that reside within each |
21 | | school district's boundaries for that regional office of |
22 | | education or intermediate service center and the total count |
23 | | of students receiving homeschooling that reside within the |
24 | | boundaries of a school district organized under Article 34 of |
25 | | the School Code. The report shall also break down by grade |
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1 | | level and gender the number of students being homeschooled |
2 | | within each school district's boundaries for that regional |
3 | | office of education or intermediate service center or within a |
4 | | school district organized under Article 34 of the School Code. |
5 | | (b) On or before February 1, 2028 and on or before February |
6 | | 1 of every year thereafter, the State Board of Education shall |
7 | | create a report consisting of the data reported under |
8 | | subsection (a) and submit the report to the General Assembly. |
9 | | The report shall also outline the total count of students |
10 | | receiving homeschooling in each regional office of education, |
11 | | intermediate service center, and school district. |
12 | | Section 905. Rules. The State Board of Education may adopt |
13 | | any rules necessary to implement and administer this Act. |
14 | | Section 910. The Freedom of Information Act is amended by |
15 | | changing Section 7.5 as follows: |
16 | | (5 ILCS 140/7.5) |
17 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
18 | | by the statutes referenced below, the following shall be |
19 | | exempt from inspection and copying: |
20 | | (a) All information determined to be confidential |
21 | | under Section 4002 of the Technology Advancement and |
22 | | Development Act. |
23 | | (b) Library circulation and order records identifying |
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1 | | library users with specific materials under the Library |
2 | | Records Confidentiality Act. |
3 | | (c) Applications, related documents, and medical |
4 | | records received by the Experimental Organ Transplantation |
5 | | Procedures Board and any and all documents or other |
6 | | records prepared by the Experimental Organ Transplantation |
7 | | Procedures Board or its staff relating to applications it |
8 | | has received. |
9 | | (d) Information and records held by the Department of |
10 | | Public Health and its authorized representatives relating |
11 | | to known or suspected cases of sexually transmitted |
12 | | infection or any information the disclosure of which is |
13 | | restricted under the Illinois Sexually Transmitted |
14 | | Infection Control Act. |
15 | | (e) Information the disclosure of which is exempted |
16 | | under Section 30 of the Radon Industry Licensing Act. |
17 | | (f) Firm performance evaluations under Section 55 of |
18 | | the Architectural, Engineering, and Land Surveying |
19 | | Qualifications Based Selection Act. |
20 | | (g) Information the disclosure of which is restricted |
21 | | and exempted under Section 50 of the Illinois Prepaid |
22 | | Tuition Act. |
23 | | (h) Information the disclosure of which is exempted |
24 | | under the State Officials and Employees Ethics Act, and |
25 | | records of any lawfully created State or local inspector |
26 | | general's office that would be exempt if created or |
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1 | | obtained by an Executive Inspector General's office under |
2 | | that Act. |
3 | | (i) Information contained in a local emergency energy |
4 | | plan submitted to a municipality in accordance with a |
5 | | local emergency energy plan ordinance that is adopted |
6 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
7 | | (j) Information and data concerning the distribution |
8 | | of surcharge moneys collected and remitted by carriers |
9 | | under the Emergency Telephone System Act. |
10 | | (k) Law enforcement officer identification information |
11 | | or driver identification information compiled by a law |
12 | | enforcement agency or the Department of Transportation |
13 | | under Section 11-212 of the Illinois Vehicle Code. |
14 | | (l) Records and information provided to a residential |
15 | | health care facility resident sexual assault and death |
16 | | review team or the Executive Council under the Abuse |
17 | | Prevention Review Team Act. |
18 | | (m) Information provided to the predatory lending |
19 | | database created pursuant to Article 3 of the Residential |
20 | | Real Property Disclosure Act, except to the extent |
21 | | authorized under that Article. |
22 | | (n) Defense budgets and petitions for certification of |
23 | | compensation and expenses for court appointed trial |
24 | | counsel as provided under Sections 10 and 15 of the |
25 | | Capital Crimes Litigation Act (repealed). This subsection |
26 | | (n) shall apply until the conclusion of the trial of the |
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1 | | case, even if the prosecution chooses not to pursue the |
2 | | death penalty prior to trial or sentencing. |
3 | | (o) Information that is prohibited from being |
4 | | disclosed under Section 4 of the Illinois Health and |
5 | | Hazardous Substances Registry Act. |
6 | | (p) Security portions of system safety program plans, |
7 | | investigation reports, surveys, schedules, lists, data, or |
8 | | information compiled, collected, or prepared by or for the |
9 | | Department of Transportation under Sections 2705-300 and |
10 | | 2705-616 of the Department of Transportation Law of the |
11 | | Civil Administrative Code of Illinois, the Regional |
12 | | Transportation Authority under Section 2.11 of the |
13 | | Regional Transportation Authority Act, or the St. Clair |
14 | | County Transit District under the Bi-State Transit Safety |
15 | | Act (repealed). |
16 | | (q) Information prohibited from being disclosed by the |
17 | | Personnel Record Review Act. |
18 | | (r) Information prohibited from being disclosed by the |
19 | | Illinois School Student Records Act. |
20 | | (s) Information the disclosure of which is restricted |
21 | | under Section 5-108 of the Public Utilities Act. |
22 | | (t) (Blank). |
23 | | (u) Records and information provided to an independent |
24 | | team of experts under the Developmental Disability and |
25 | | Mental Health Safety Act (also known as Brian's Law). |
26 | | (v) Names and information of people who have applied |
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1 | | for or received Firearm Owner's Identification Cards under |
2 | | the Firearm Owners Identification Card Act or applied for |
3 | | or received a concealed carry license under the Firearm |
4 | | Concealed Carry Act, unless otherwise authorized by the |
5 | | Firearm Concealed Carry Act; and databases under the |
6 | | Firearm Concealed Carry Act, records of the Concealed |
7 | | Carry Licensing Review Board under the Firearm Concealed |
8 | | Carry Act, and law enforcement agency objections under the |
9 | | Firearm Concealed Carry Act. |
10 | | (v-5) Records of the Firearm Owner's Identification |
11 | | Card Review Board that are exempted from disclosure under |
12 | | Section 10 of the Firearm Owners Identification Card Act. |
13 | | (w) Personally identifiable information which is |
14 | | exempted from disclosure under subsection (g) of Section |
15 | | 19.1 of the Toll Highway Act. |
16 | | (x) Information which is exempted from disclosure |
17 | | under Section 5-1014.3 of the Counties Code or Section |
18 | | 8-11-21 of the Illinois Municipal Code. |
19 | | (y) Confidential information under the Adult |
20 | | Protective Services Act and its predecessor enabling |
21 | | statute, the Elder Abuse and Neglect Act, including |
22 | | information about the identity and administrative finding |
23 | | against any caregiver of a verified and substantiated |
24 | | decision of abuse, neglect, or financial exploitation of |
25 | | an eligible adult maintained in the Registry established |
26 | | under Section 7.5 of the Adult Protective Services Act. |
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1 | | (z) Records and information provided to a fatality |
2 | | review team or the Illinois Fatality Review Team Advisory |
3 | | Council under Section 15 of the Adult Protective Services |
4 | | Act. |
5 | | (aa) Information which is exempted from disclosure |
6 | | under Section 2.37 of the Wildlife Code. |
7 | | (bb) Information which is or was prohibited from |
8 | | disclosure by the Juvenile Court Act of 1987. |
9 | | (cc) Recordings made under the Law Enforcement |
10 | | Officer-Worn Body Camera Act, except to the extent |
11 | | authorized under that Act. |
12 | | (dd) Information that is prohibited from being |
13 | | disclosed under Section 45 of the Condominium and Common |
14 | | Interest Community Ombudsperson Act. |
15 | | (ee) Information that is exempted from disclosure |
16 | | under Section 30.1 of the Pharmacy Practice Act. |
17 | | (ff) Information that is exempted from disclosure |
18 | | under the Revised Uniform Unclaimed Property Act. |
19 | | (gg) Information that is prohibited from being |
20 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
21 | | Code. |
22 | | (hh) Records that are exempt from disclosure under |
23 | | Section 1A-16.7 of the Election Code. |
24 | | (ii) Information which is exempted from disclosure |
25 | | under Section 2505-800 of the Department of Revenue Law of |
26 | | the Civil Administrative Code of Illinois. |
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1 | | (jj) Information and reports that are required to be |
2 | | submitted to the Department of Labor by registering day |
3 | | and temporary labor service agencies but are exempt from |
4 | | disclosure under subsection (a-1) of Section 45 of the Day |
5 | | and Temporary Labor Services Act. |
6 | | (kk) Information prohibited from disclosure under the |
7 | | Seizure and Forfeiture Reporting Act. |
8 | | (ll) Information the disclosure of which is restricted |
9 | | and exempted under Section 5-30.8 of the Illinois Public |
10 | | Aid Code. |
11 | | (mm) Records that are exempt from disclosure under |
12 | | Section 4.2 of the Crime Victims Compensation Act. |
13 | | (nn) Information that is exempt from disclosure under |
14 | | Section 70 of the Higher Education Student Assistance Act. |
15 | | (oo) Communications, notes, records, and reports |
16 | | arising out of a peer support counseling session |
17 | | prohibited from disclosure under the First Responders |
18 | | Suicide Prevention Act. |
19 | | (pp) Names and all identifying information relating to |
20 | | an employee of an emergency services provider or law |
21 | | enforcement agency under the First Responders Suicide |
22 | | Prevention Act. |
23 | | (qq) Information and records held by the Department of |
24 | | Public Health and its authorized representatives collected |
25 | | under the Reproductive Health Act. |
26 | | (rr) Information that is exempt from disclosure under |
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1 | | the Cannabis Regulation and Tax Act. |
2 | | (ss) Data reported by an employer to the Department of |
3 | | Human Rights pursuant to Section 2-108 of the Illinois |
4 | | Human Rights Act. |
5 | | (tt) Recordings made under the Children's Advocacy |
6 | | Center Act, except to the extent authorized under that |
7 | | Act. |
8 | | (uu) Information that is exempt from disclosure under |
9 | | Section 50 of the Sexual Assault Evidence Submission Act. |
10 | | (vv) Information that is exempt from disclosure under |
11 | | subsections (f) and (j) of Section 5-36 of the Illinois |
12 | | Public Aid Code. |
13 | | (ww) Information that is exempt from disclosure under |
14 | | Section 16.8 of the State Treasurer Act. |
15 | | (xx) Information that is exempt from disclosure or |
16 | | information that shall not be made public under the |
17 | | Illinois Insurance Code. |
18 | | (yy) Information prohibited from being disclosed under |
19 | | the Illinois Educational Labor Relations Act. |
20 | | (zz) Information prohibited from being disclosed under |
21 | | the Illinois Public Labor Relations Act. |
22 | | (aaa) Information prohibited from being disclosed |
23 | | under Section 1-167 of the Illinois Pension Code. |
24 | | (bbb) Information that is prohibited from disclosure |
25 | | by the Illinois Police Training Act and the Illinois State |
26 | | Police Act. |
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1 | | (ccc) Records exempt from disclosure under Section |
2 | | 2605-304 of the Illinois State Police Law of the Civil |
3 | | Administrative Code of Illinois. |
4 | | (ddd) Information prohibited from being disclosed |
5 | | under Section 35 of the Address Confidentiality for |
6 | | Victims of Domestic Violence, Sexual Assault, Human |
7 | | Trafficking, or Stalking Act. |
8 | | (eee) Information prohibited from being disclosed |
9 | | under subsection (b) of Section 75 of the Domestic |
10 | | Violence Fatality Review Act. |
11 | | (fff) Images from cameras under the Expressway Camera |
12 | | Act. This subsection (fff) is inoperative on and after |
13 | | July 1, 2025. |
14 | | (ggg) Information prohibited from disclosure under |
15 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
16 | | Agency Licensing Act. |
17 | | (hhh) Information submitted to the Illinois State |
18 | | Police in an affidavit or application for an assault |
19 | | weapon endorsement, assault weapon attachment endorsement, |
20 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
21 | | endorsement under the Firearm Owners Identification Card |
22 | | Act. |
23 | | (iii) Data exempt from disclosure under Section 50 of |
24 | | the School Safety Drill Act. |
25 | | (jjj) Information exempt from disclosure under Section |
26 | | 30 of the Insurance Data Security Law. |
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1 | | (kkk) Confidential business information prohibited |
2 | | from disclosure under Section 45 of the Paint Stewardship |
3 | | Act. |
4 | | (lll) Data exempt from disclosure under Section |
5 | | 2-3.196 of the School Code. |
6 | | (mmm) Information prohibited from being disclosed |
7 | | under subsection (e) of Section 1-129 of the Illinois |
8 | | Power Agency Act. |
9 | | (nnn) Materials received by the Department of Commerce |
10 | | and Economic Opportunity that are confidential under the |
11 | | Music and Musicians Tax Credit and Jobs Act. |
12 | | (ooo) (nnn) Data or information provided pursuant to |
13 | | Section 20 of the Statewide Recycling Needs and Assessment |
14 | | Act. |
15 | | (ppp) (nnn) Information that is exempt from disclosure |
16 | | under Section 28-11 of the Lawful Health Care Activity |
17 | | Act. |
18 | | (qqq) (nnn) Information that is exempt from disclosure |
19 | | under Section 7-101 of the Illinois Human Rights Act. |
20 | | (rrr) (mmm) Information prohibited from being |
21 | | disclosed under Section 4-2 of the Uniform Money |
22 | | Transmission Modernization Act. |
23 | | (sss) (nnn) Information exempt from disclosure under |
24 | | Section 40 of the Student-Athlete Endorsement Rights Act. |
25 | | (ttt) Information and records held by the State Board |
26 | | of Education, a regional office of education, an |
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1 | | intermediate service center, or any school district |
2 | | containing confidential information about a student, |
3 | | parent, or guardian under the Homeschool Act. |
4 | | (uuu) Information and records held by the State Board |
5 | | of Education containing confidential information about a |
6 | | student, parent, or guardian under Section 2-3.25o of the |
7 | | School Code. |
8 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
9 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
10 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
11 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
12 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
13 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
14 | | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. |
15 | | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, |
16 | | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; |
17 | | 103-1049, eff. 8-9-24; revised 11-26-24.) |
18 | | Section 915. The School Code is amended by changing |
19 | | Sections 2-3.25o, 26-1, 26-3a, 26-7, and 26-16 as follows: |
20 | | (105 ILCS 5/2-3.25o) |
21 | | Sec. 2-3.25o. Registration and recognition of non-public |
22 | | elementary and secondary schools. |
23 | | (a) Findings. The General Assembly finds and declares (i) |
24 | | that the Constitution of the State of Illinois provides that a |
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1 | | "fundamental goal of the People of the State is the |
2 | | educational development of all persons to the limits of their |
3 | | capacities" and (ii) that the educational development of every |
4 | | school student serves the public purposes of the State. In |
5 | | order to ensure that all Illinois students and teachers have |
6 | | the opportunity to enroll and work in State-approved |
7 | | educational institutions and programs, the State Board of |
8 | | Education shall provide for the voluntary registration and |
9 | | recognition of non-public elementary and secondary schools. |
10 | | (b) Registration. All non-public elementary and secondary |
11 | | schools in the State of Illinois may voluntarily register with |
12 | | the State Board of Education on an annual basis. However, |
13 | | beginning on August 1, 2026, all non-public elementary and |
14 | | secondary schools in the State of Illinois shall register with |
15 | | the State Board of Education on an annual basis. Registration |
16 | | shall be completed in conformance with procedures prescribed |
17 | | by the State Board of Education. Information required for |
18 | | registration shall include assurances of compliance (i) with |
19 | | federal and State laws regarding health examination and |
20 | | immunization, attendance, length of term, and |
21 | | nondiscrimination, including assurances that the school will |
22 | | not prohibit hairstyles historically associated with race, |
23 | | ethnicity, or hair texture, including, but not limited to, |
24 | | protective hairstyles such as braids, locks, and twists, and |
25 | | (ii) with applicable fire and health safety requirements , |
26 | | (iii) with the requirement that all individuals in the school |
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1 | | assigned to a teaching or administrative position hold, at a |
2 | | minimum, a high school diploma or its recognized equivalent, |
3 | | and (iv) with the requirement to maintain in its own records a |
4 | | list of every attending student's name, date of birth, grade |
5 | | level, and home address and the name and home address of at |
6 | | least one parent or guardian of each attending student. A |
7 | | non-public elementary or secondary school shall provide this |
8 | | information to the State Board of Education and the regional |
9 | | office of education or intermediate service center for the |
10 | | school district where the non-public school is located, if |
11 | | applicable, or to the school board if the non-public school is |
12 | | located in a school district organized under Article 34 of |
13 | | this Code, upon request. Any personally identifying |
14 | | information of a student, parent, or guardian that any school |
15 | | or school district sends to the State Board of Education is |
16 | | confidential and exempt from disclosure according to the |
17 | | Freedom of Information Act and the Illinois School Student |
18 | | Records Act . |
19 | | (c) Recognition. All non-public elementary and secondary |
20 | | schools in the State of Illinois may voluntarily seek the |
21 | | status of "Non-public School Recognition" from the State Board |
22 | | of Education. This status may be obtained by compliance with |
23 | | administrative guidelines and review procedures as prescribed |
24 | | by the State Board of Education. The guidelines and procedures |
25 | | must recognize that some of the aims and the financial bases of |
26 | | non-public schools are different from public schools and will |
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1 | | not be identical to those for public schools, nor will they be |
2 | | more burdensome. The guidelines and procedures must also |
3 | | recognize the diversity of non-public schools and shall not |
4 | | impinge upon the noneducational relationships between those |
5 | | schools and their clientele. |
6 | | (c-5) Prohibition against recognition. A non-public |
7 | | elementary or secondary school may not obtain "Non-public |
8 | | School Recognition" status unless the school requires all |
9 | | certified and non-certified applicants for employment with the |
10 | | school, after July 1, 2007, to authorize a fingerprint-based |
11 | | criminal history records check as a condition of employment to |
12 | | determine if such applicants have been convicted of any of the |
13 | | enumerated criminal or drug offenses set forth in Section |
14 | | 21B-80 of this Code or have been convicted, within 7 years of |
15 | | the application for employment, of any other felony under the |
16 | | laws of this State or of any offense committed or attempted in |
17 | | any other state or against the laws of the United States that, |
18 | | if committed or attempted in this State, would have been |
19 | | punishable as a felony under the laws of this State. |
20 | | Authorization for the check shall be furnished by the |
21 | | applicant to the school, except that if the applicant is a |
22 | | substitute teacher seeking employment in more than one |
23 | | non-public school, a teacher seeking concurrent part-time |
24 | | employment positions with more than one non-public school (as |
25 | | a reading specialist, special education teacher, or |
26 | | otherwise), or an educational support personnel employee |
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1 | | seeking employment positions with more than one non-public |
2 | | school, then only one of the non-public schools employing the |
3 | | individual shall request the authorization. Upon receipt of |
4 | | this authorization, the non-public school shall submit the |
5 | | applicant's name, sex, race, date of birth, social security |
6 | | number, fingerprint images, and other identifiers, as |
7 | | prescribed by the Illinois State Police, to the Illinois State |
8 | | Police. |
9 | | The Illinois State Police and Federal Bureau of |
10 | | Investigation shall furnish, pursuant to a fingerprint-based |
11 | | criminal history records check, records of convictions, |
12 | | forever and hereafter, until expunged, to the president or |
13 | | principal of the non-public school that requested the check. |
14 | | The Illinois State Police shall charge that school a fee for |
15 | | conducting such check, which fee must be deposited into the |
16 | | State Police Services Fund and must not exceed the cost of the |
17 | | inquiry. Subject to appropriations for these purposes, the |
18 | | State Superintendent of Education shall reimburse non-public |
19 | | schools for fees paid to obtain criminal history records |
20 | | checks under this Section. |
21 | | A non-public school may not obtain recognition status |
22 | | unless the school also performs a check of the Statewide Sex |
23 | | Offender Database, as authorized by the Sex Offender Community |
24 | | Notification Law, and the Statewide Murderer and Violent |
25 | | Offender Against Youth Database, as authorized by the Murderer |
26 | | and Violent Offender Against Youth Registration Act, for each |
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1 | | applicant for employment, after July 1, 2007, to determine |
2 | | whether the applicant has been adjudicated of a sex offense or |
3 | | of a murder or other violent crime against youth. The checks of |
4 | | the Statewide Sex Offender Database and the Statewide Murderer |
5 | | and Violent Offender Against Youth Database must be conducted |
6 | | by the non-public school once for every 5 years that an |
7 | | applicant remains employed by the non-public school. |
8 | | Any information concerning the record of convictions |
9 | | obtained by a non-public school's president or principal under |
10 | | this Section is confidential and may be disseminated only to |
11 | | the governing body of the non-public school or any other |
12 | | person necessary to the decision of hiring the applicant for |
13 | | employment. A copy of the record of convictions obtained from |
14 | | the Illinois State Police shall be provided to the applicant |
15 | | for employment. Upon a check of the Statewide Sex Offender |
16 | | Database, the non-public school shall notify the applicant as |
17 | | to whether or not the applicant has been identified in the Sex |
18 | | Offender Database as a sex offender. Any information |
19 | | concerning the records of conviction obtained by the |
20 | | non-public school's president or principal under this Section |
21 | | for a substitute teacher seeking employment in more than one |
22 | | non-public school, a teacher seeking concurrent part-time |
23 | | employment positions with more than one non-public school (as |
24 | | a reading specialist, special education teacher, or |
25 | | otherwise), or an educational support personnel employee |
26 | | seeking employment positions with more than one non-public |
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1 | | school may be shared with another non-public school's |
2 | | principal or president to which the applicant seeks |
3 | | employment. Any unauthorized release of confidential |
4 | | information may be a violation of Section 7 of the Criminal |
5 | | Identification Act. |
6 | | No non-public school may obtain recognition status that |
7 | | knowingly employs a person, hired after July 1, 2007, for whom |
8 | | an Illinois State Police and Federal Bureau of Investigation |
9 | | fingerprint-based criminal history records check and a |
10 | | Statewide Sex Offender Database check has not been initiated |
11 | | or who has been convicted of any offense enumerated in Section |
12 | | 21B-80 of this Code or any offense committed or attempted in |
13 | | any other state or against the laws of the United States that, |
14 | | if committed or attempted in this State, would have been |
15 | | punishable as one or more of those offenses. No non-public |
16 | | school may obtain recognition status under this Section that |
17 | | knowingly employs a person who has been found to be the |
18 | | perpetrator of sexual or physical abuse of a minor under 18 |
19 | | years of age pursuant to proceedings under Article II of the |
20 | | Juvenile Court Act of 1987. |
21 | | In order to obtain recognition status under this Section, |
22 | | a non-public school must require compliance with the |
23 | | provisions of this subsection (c-5) from all employees of |
24 | | persons or firms holding contracts with the school, including, |
25 | | but not limited to, food service workers, school bus drivers, |
26 | | and other transportation employees, who have direct, daily |
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1 | | contact with pupils. Any information concerning the records of |
2 | | conviction or identification as a sex offender of any such |
3 | | employee obtained by the non-public school principal or |
4 | | president must be promptly reported to the school's governing |
5 | | body. |
6 | | Prior to the commencement of any student teaching |
7 | | experience or required internship (which is referred to as |
8 | | student teaching in this Section) in any non-public elementary |
9 | | or secondary school that has obtained or seeks to obtain |
10 | | recognition status under this Section, a student teacher is |
11 | | required to authorize a fingerprint-based criminal history |
12 | | records check. Authorization for and payment of the costs of |
13 | | the check must be furnished by the student teacher to the chief |
14 | | administrative officer of the non-public school where the |
15 | | student teaching is to be completed. Upon receipt of this |
16 | | authorization and payment, the chief administrative officer of |
17 | | the non-public school shall submit the student teacher's name, |
18 | | sex, race, date of birth, social security number, fingerprint |
19 | | images, and other identifiers, as prescribed by the Illinois |
20 | | State Police, to the Illinois State Police. The Illinois State |
21 | | Police and the Federal Bureau of Investigation shall furnish, |
22 | | pursuant to a fingerprint-based criminal history records |
23 | | check, records of convictions, forever and hereinafter, until |
24 | | expunged, to the chief administrative officer of the |
25 | | non-public school that requested the check. The Illinois State |
26 | | Police shall charge the school a fee for conducting the check, |
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1 | | which fee must be passed on to the student teacher, must not |
2 | | exceed the cost of the inquiry, and must be deposited into the |
3 | | State Police Services Fund. The school shall further perform a |
4 | | check of the Statewide Sex Offender Database, as authorized by |
5 | | the Sex Offender Community Notification Law, and of the |
6 | | Statewide Murderer and Violent Offender Against Youth |
7 | | Database, as authorized by the Murderer and Violent Offender |
8 | | Against Youth Registration Act, for each student teacher. No |
9 | | school that has obtained or seeks to obtain recognition status |
10 | | under this Section may knowingly allow a person to student |
11 | | teach for whom a criminal history records check, a Statewide |
12 | | Sex Offender Database check, and a Statewide Murderer and |
13 | | Violent Offender Against Youth Database check have not been |
14 | | completed and reviewed by the chief administrative officer of |
15 | | the non-public school. |
16 | | A copy of the record of convictions obtained from the |
17 | | Illinois State Police must be provided to the student teacher. |
18 | | Any information concerning the record of convictions obtained |
19 | | by the chief administrative officer of the non-public school |
20 | | is confidential and may be transmitted only to the chief |
21 | | administrative officer of the non-public school or his or her |
22 | | designee, the State Superintendent of Education, the State |
23 | | Educator Preparation and Licensure Board, or, for |
24 | | clarification purposes, the Illinois State Police or the |
25 | | Statewide Sex Offender Database or Statewide Murderer and |
26 | | Violent Offender Against Youth Database. Any unauthorized |
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1 | | release of confidential information may be a violation of |
2 | | Section 7 of the Criminal Identification Act. |
3 | | No school that has obtained or seeks to obtain recognition |
4 | | status under this Section may knowingly allow a person to |
5 | | student teach who has been convicted of any offense that would |
6 | | subject him or her to license suspension or revocation |
7 | | pursuant to Section 21B-80 of this Code or who has been found |
8 | | to be the perpetrator of sexual or physical abuse of a minor |
9 | | under 18 years of age pursuant to proceedings under Article II |
10 | | of the Juvenile Court Act of 1987. |
11 | | Any school that has obtained or seeks to obtain |
12 | | recognition status under this Section may not prohibit |
13 | | hairstyles historically associated with race, ethnicity, or |
14 | | hair texture, including, but not limited to, protective |
15 | | hairstyles such as braids, locks, and twists. |
16 | | (d) Public purposes. The provisions of this Section are in |
17 | | the public interest, for the public benefit, and serve secular |
18 | | public purposes. |
19 | | (e) Definition. For purposes of this Section, a non-public |
20 | | school means (i) any non-profit, non-home-based, and |
21 | | non-public elementary or secondary school that is in |
22 | | compliance with Title VI of the Civil Rights Act of 1964 and |
23 | | attendance at which satisfies the requirements of Section 26-1 |
24 | | of this Code or (ii) any non-public elementary or secondary |
25 | | school that does not meet the definition of a homeschool |
26 | | program under the Homeschool Act . |
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1 | | (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; |
2 | | 102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff. |
3 | | 7-1-24.) |
4 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1) |
5 | | Sec. 26-1. Compulsory school age; exemptions. Whoever has |
6 | | custody or control of any child (i) between the ages of 7 and |
7 | | 17 years (unless the child has already graduated from high |
8 | | school) for school years before the 2014-2015 school year or |
9 | | (ii) between the ages of 6 (on or before September 1) and 17 |
10 | | years (unless the child has already graduated from high |
11 | | school) beginning with the 2014-2015 school year shall cause |
12 | | such child to attend some public school in the district |
13 | | wherein the child resides the entire time it is in session |
14 | | during the regular school term, except as provided in Section |
15 | | 10-19.1, and during a required summer school program |
16 | | established under Section 10-22.33B; provided, that the |
17 | | following children shall not be required to attend the public |
18 | | schools: |
19 | | 1. Any child attending a private or a parochial school |
20 | | where children are taught the branches of education taught |
21 | | to children of corresponding age and grade in the public |
22 | | schools, and where the instruction of the child in the |
23 | | branches of education is in the English language; |
24 | | 2. Any child who is physically or mentally unable to |
25 | | attend school, such disability being certified to the |
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1 | | county or district truant officer by a competent physician |
2 | | licensed in Illinois to practice medicine and surgery in |
3 | | all its branches, a chiropractic physician licensed under |
4 | | the Medical Practice Act of 1987, a licensed advanced |
5 | | practice registered nurse, a licensed physician assistant, |
6 | | or a Christian Science practitioner residing in this State |
7 | | and listed in the Christian Science Journal; or who is |
8 | | excused for temporary absence for cause by the principal |
9 | | or teacher of the school which the child attends, with |
10 | | absence for cause by illness being required to include the |
11 | | mental or behavioral health of the child for up to 5 days |
12 | | for which the child need not provide a medical note, in |
13 | | which case the child shall be given the opportunity to |
14 | | make up any school work missed during the mental or |
15 | | behavioral health absence and, after the second mental |
16 | | health day used, may be referred to the appropriate school |
17 | | support personnel; the exemptions in this paragraph (2) do |
18 | | not apply to any female who is pregnant or the mother of |
19 | | one or more children, except where a female is unable to |
20 | | attend school due to a complication arising from her |
21 | | pregnancy and the existence of such complication is |
22 | | certified to the county or district truant officer by a |
23 | | competent physician; |
24 | | 3. Any child necessarily and lawfully employed |
25 | | according to the provisions of the Child Labor Law of 2024 |
26 | | may be excused from attendance at school by the county |
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1 | | superintendent of schools or the superintendent of the |
2 | | public school which the child should be attending, on |
3 | | certification of the facts by and the recommendation of |
4 | | the school board of the public school district in which |
5 | | the child resides. In districts having part-time |
6 | | continuation schools, children so excused shall attend |
7 | | such schools at least 8 hours each week; |
8 | | 4. Any child over 12 and under 14 years of age while in |
9 | | attendance at confirmation classes; |
10 | | 5. Any child absent from a public school on a |
11 | | particular day or days or at a particular time of day for |
12 | | the reason that he is unable to attend classes or to |
13 | | participate in any examination, study, or work |
14 | | requirements on a particular day or days or at a |
15 | | particular time of day because of religious reasons, |
16 | | including the observance of a religious holiday or |
17 | | participation in religious instruction, or because the |
18 | | tenets of his religion forbid secular activity on a |
19 | | particular day or days or at a particular time of day. A |
20 | | school board may require the parent or guardian of a child |
21 | | who is to be excused from attending school because of |
22 | | religious reasons to give notice, not exceeding 5 days, of |
23 | | the child's absence to the school principal or other |
24 | | school personnel. Any child excused from attending school |
25 | | under this paragraph 5 shall not be required to submit a |
26 | | written excuse for such absence after returning to school. |
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1 | | A district superintendent shall develop and distribute to |
2 | | schools appropriate procedures regarding a student's |
3 | | absence for religious reasons, how schools are notified of |
4 | | a student's impending absence for religious reasons, and |
5 | | the requirements of Section 26-2b of this Code; |
6 | | 6. Any child 16 years of age or older who (i) submits |
7 | | to a school district evidence of necessary and lawful |
8 | | employment pursuant to paragraph 3 of this Section and |
9 | | (ii) is enrolled in a graduation incentives program |
10 | | pursuant to Section 26-16 of this Code or an alternative |
11 | | learning opportunities program established pursuant to |
12 | | Article 13B of this Code; |
13 | | 7. A child in any of grades 6 through 12 absent from a |
14 | | public school on a particular day or days or at a |
15 | | particular time of day for the purpose of sounding "Taps" |
16 | | at a military honors funeral held in this State for a |
17 | | deceased veteran. In order to be excused under this |
18 | | paragraph 7, the student shall notify the school's |
19 | | administration at least 2 days prior to the date of the |
20 | | absence and shall provide the school's administration with |
21 | | the date, time, and location of the military honors |
22 | | funeral. The school's administration may waive this 2-day |
23 | | notification requirement if the student did not receive at |
24 | | least 2 days advance notice, but the student shall notify |
25 | | the school's administration as soon as possible of the |
26 | | absence. A student whose absence is excused under this |
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1 | | paragraph 7 shall be counted as if the student attended |
2 | | school for purposes of calculating the average daily |
3 | | attendance of students in the school district. A student |
4 | | whose absence is excused under this paragraph 7 must be |
5 | | allowed a reasonable time to make up school work missed |
6 | | during the absence. If the student satisfactorily |
7 | | completes the school work, the day of absence shall be |
8 | | counted as a day of compulsory attendance and he or she may |
9 | | not be penalized for that absence; and |
10 | | 8. Any child absent from a public school on a |
11 | | particular day or days or at a particular time of day for |
12 | | the reason that his or her parent or legal guardian is an |
13 | | active duty member of the uniformed services and has been |
14 | | called to duty for, is on leave from, or has immediately |
15 | | returned from deployment to a combat zone or |
16 | | combat-support postings. Such a student shall be granted 5 |
17 | | days of excused absences in any school year and, at the |
18 | | discretion of the school board, additional excused |
19 | | absences to visit the student's parent or legal guardian |
20 | | relative to such leave or deployment of the parent or |
21 | | legal guardian. In the case of excused absences pursuant |
22 | | to this paragraph 8, the student and parent or legal |
23 | | guardian shall be responsible for obtaining assignments |
24 | | from the student's teacher prior to any period of excused |
25 | | absence and for ensuring that such assignments are |
26 | | completed by the student prior to his or her return to |
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1 | | school from such period of excused absence ; and . |
2 | | 9. Any child attending a homeschool program as defined |
3 | | in the Homeschool Act, provided that the homeschool |
4 | | administrator, as defined in the Homeschool Act, meets the |
5 | | requirements of the Homeschool Act. |
6 | | Any child from a public middle school or high school, |
7 | | subject to guidelines established by the State Board of |
8 | | Education, shall be permitted by a school board one school |
9 | | day-long excused absence per school year for the child who is |
10 | | absent from school to engage in a civic event. The school board |
11 | | may require that the student provide reasonable advance notice |
12 | | of the intended absence to the appropriate school |
13 | | administrator and require that the student provide |
14 | | documentation of participation in a civic event to the |
15 | | appropriate school administrator. |
16 | | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; |
17 | | 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. |
18 | | 1-1-23; 103-721, eff. 1-1-25 .) |
19 | | (105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a) |
20 | | Sec. 26-3a. Report of pupils no longer enrolled in school. |
21 | | The clerk or secretary of the school board of all school |
22 | | districts shall furnish quarterly on the first school day of |
23 | | October, January, April and July to the regional |
24 | | superintendent and to the Secretary of State a list of pupils, |
25 | | excluding transferees, who have been expelled or have |
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1 | | withdrawn or who have left school and have been removed from |
2 | | the regular attendance rolls during the period of time school |
3 | | was in regular session from the time of the previous quarterly |
4 | | report. Such list shall include the names and addresses of |
5 | | pupils formerly in attendance, the names and addresses of |
6 | | persons having custody or control of such pupils, the reason, |
7 | | if known, such pupils are no longer in attendance and the date |
8 | | of removal from the attendance rolls. The list shall also |
9 | | include the names of: pupils whose withdrawal is due to |
10 | | extraordinary circumstances, including but not limited to |
11 | | economic or medical necessity or family hardship, as |
12 | | determined by the criteria established by the school district; |
13 | | pupils who have re-enrolled in school since their names were |
14 | | removed from the attendance rolls; any pupil certified to be a |
15 | | chronic or habitual truant, as defined in Section 26-2a; and |
16 | | pupils previously certified as chronic or habitual truants who |
17 | | have resumed regular school attendance. The regional |
18 | | superintendent shall inform the county or district truant |
19 | | officer who shall investigate to see that such pupils are in |
20 | | compliance with the requirements of this Article. |
21 | | Each local school district shall establish, in writing, a |
22 | | set of criteria for use by the local superintendent of schools |
23 | | in determining whether a pupil's failure to attend school is |
24 | | the result of extraordinary circumstances, including but not |
25 | | limited to economic or medical necessity or family hardship. |
26 | | If a pupil re-enrolls in school after his or her name was |
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1 | | removed from the attendance rolls or resumes regular |
2 | | attendance after being certified a chronic or habitual truant, |
3 | | the pupil must obtain and forward to the Secretary of State, on |
4 | | a form designated by the Secretary of State, verification of |
5 | | his or her re-enrollment. The verification may be in the form |
6 | | of a signature or seal or in any other form determined by the |
7 | | school board. |
8 | | The State Board of Education shall, if possible, make |
9 | | available to any person, upon request, a comparison of drop |
10 | | out rates before and after the effective date of this |
11 | | amendatory Act of the 94th General Assembly. |
12 | | (Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.) |
13 | | (105 ILCS 5/26-7) (from Ch. 122, par. 26-7) |
14 | | Sec. 26-7. Notice to custodian-Notice of non-compliance. |
15 | | If any person fails to send any child under his custody or |
16 | | control to some lawful school, the truant officer or, in a |
17 | | school district that does not have a truant officer, the |
18 | | regional superintendent of schools or his or her designee |
19 | | shall, as soon as practicable after he is notified thereof, |
20 | | give notice in person or by mail to such person that such child |
21 | | shall be present at the proper public school on the day |
22 | | following the receipt of such notice. The notice shall state |
23 | | the date that attendance at school must begin and that such |
24 | | attendance must be continuous and consecutive in the district |
25 | | during the remainder of the school year. The truant officer |
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1 | | or, in a school district that does not have a truant officer, |
2 | | the regional superintendent of schools or his or her designee |
3 | | shall at the same time that such notice is given notify the |
4 | | teacher or superintendent of the proper public school thereof |
5 | | and the teacher or superintendent shall notify the truant |
6 | | officer or regional superintendent of schools of any |
7 | | non-compliance therewith. |
8 | | Beginning August 1, 2026, "lawful school", as used in this |
9 | | Section, means a registered school under Section 2-3.25o of |
10 | | this Code and includes a homeschool program if the State Board |
11 | | of Education has been notified under the Homeschool Act. |
12 | | (Source: P.A. 93-858, eff. 1-1-05.) |
13 | | (105 ILCS 5/26-16) |
14 | | Sec. 26-16. Graduation incentives program. |
15 | | (a) The General Assembly finds that it is critical to |
16 | | provide options for children to succeed in school. The purpose |
17 | | of this Section is to provide incentives for and encourage all |
18 | | Illinois students who have experienced or are experiencing |
19 | | difficulty in the traditional education system to enroll in |
20 | | alternative programs. |
21 | | (b) Any student who is below the age of 20 years is |
22 | | eligible to enroll in a graduation incentives program if he or |
23 | | she: |
24 | | (1) is considered a dropout pursuant to Section 26-2a |
25 | | of this Code; |
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1 | | (2) has been suspended or expelled pursuant to Section |
2 | | 10-22.6 or 34-19 of this Code; |
3 | | (3) is pregnant or is a parent; |
4 | | (4) has been assessed as chemically dependent; or |
5 | | (5) is enrolled in a bilingual education or LEP |
6 | | program ; or . |
7 | | (6) was formerly enrolled in a homeschool program with |
8 | | less academic rigor than such graduate incentives program. |
9 | | (c) The following programs qualify as graduation |
10 | | incentives programs for students meeting the criteria |
11 | | established in this Section: |
12 | | (1) Any public elementary or secondary education |
13 | | graduation incentives program established by a school |
14 | | district or by a regional office of education. |
15 | | (2) Any alternative learning opportunities program |
16 | | established pursuant to Article 13B of this Code. |
17 | | (3) Vocational or job training courses approved by the |
18 | | State Superintendent of Education that are available |
19 | | through the Illinois public community college system. |
20 | | Students may apply for reimbursement of 50% of tuition |
21 | | costs for one course per semester or a maximum of 3 courses |
22 | | per school year. Subject to available funds, students may |
23 | | apply for reimbursement of up to 100% of tuition costs |
24 | | upon a showing of employment within 6 months after |
25 | | completion of a vocational or job training program. The |
26 | | qualifications for reimbursement shall be established by |
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1 | | the State Superintendent of Education by rule. |
2 | | (4) Job and career programs approved by the State |
3 | | Superintendent of Education that are available through |
4 | | Illinois-accredited private business and vocational |
5 | | schools. Subject to available funds, pupils may apply for |
6 | | reimbursement of up to 100% of tuition costs upon a |
7 | | showing of employment within 6 months after completion of |
8 | | a job or career program. The State Superintendent of |
9 | | Education shall establish, by rule, the qualifications for |
10 | | reimbursement, criteria for determining reimbursement |
11 | | amounts, and limits on reimbursement. |
12 | | (5) Adult education courses that offer preparation for |
13 | | high school equivalency testing. |
14 | | (d) Graduation incentives programs established by school |
15 | | districts are entitled to claim general State aid and |
16 | | evidence-based funding, subject to Sections 13B-50, 13B-50.5, |
17 | | and 13B-50.10 of this Code. Graduation incentives programs |
18 | | operated by regional offices of education are entitled to |
19 | | receive general State aid and evidence-based funding at the |
20 | | foundation level of support per pupil enrolled. A school |
21 | | district must ensure that its graduation incentives program |
22 | | receives supplemental general State aid, transportation |
23 | | reimbursements, and special education resources, if |
24 | | appropriate, for students enrolled in the program. |
25 | | (Source: P.A. 100-465, eff. 8-31-17.) |
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1 | | Section 920. The Illinois School Student Records Act is |
2 | | amended by changing Sections 2, 3, and 6 and by adding Section |
3 | | 8.5 as follows: |
4 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2) |
5 | | (Text of Section before amendment by P.A. 102-466 ) |
6 | | Sec. 2. As used in this Act: |
7 | | (a) "Student" means any person enrolled or previously |
8 | | enrolled in a school. |
9 | | (b) "School" means any public preschool, day care center, |
10 | | kindergarten, nursery, elementary or secondary educational |
11 | | institution, vocational school, special educational facility |
12 | | or any other elementary or secondary educational agency or |
13 | | institution and any person, agency or institution which |
14 | | maintains school student records from more than one school, |
15 | | but does not include a private or non-public school. |
16 | | (c) "State Board" means the State Board of Education. |
17 | | (d) "School Student Record" means any writing or other |
18 | | recorded information concerning a student and by which a |
19 | | student may be individually identified, maintained by a school |
20 | | or at its direction or by an employee of a school, regardless |
21 | | of how or where the information is stored. The following shall |
22 | | not be deemed school student records under this Act: writings |
23 | | or other recorded information maintained by an employee of a |
24 | | school or other person at the direction of a school for his or |
25 | | her exclusive use; provided that all such writings and other |
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1 | | recorded information are destroyed not later than the |
2 | | student's graduation or permanent withdrawal from the school; |
3 | | and provided further that no such records or recorded |
4 | | information may be released or disclosed to any person except |
5 | | a person designated by the school as a substitute unless they |
6 | | are first incorporated in a school student record and made |
7 | | subject to all of the provisions of this Act. School student |
8 | | records shall not include information maintained by law |
9 | | enforcement professionals working in the school. |
10 | | (e) "Student Permanent Record" means the minimum personal |
11 | | information necessary to a school in the education of the |
12 | | student and contained in a school student record. Such |
13 | | information may include the student's name, birth date, |
14 | | address, grades and grade level, parents' names and addresses, |
15 | | attendance records, and such other entries as the State Board |
16 | | may require or authorize. "Student Permanent Record" does not |
17 | | include a Homeschool Declaration Form or any record that a |
18 | | homeschool administrator submits to a school district for |
19 | | proof of a homeschooled student's immunization and health |
20 | | examination as required by Section 27-8.1 of the School Code. |
21 | | (f) "Student Temporary Record" means all information |
22 | | contained in a school student record but not contained in the |
23 | | student permanent record. Such information may include family |
24 | | background information, intelligence test scores, aptitude |
25 | | test scores, psychological and personality test results, |
26 | | teacher evaluations, and other information of clear relevance |
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1 | | to the education of the student, all subject to regulations of |
2 | | the State Board. The information shall include information |
3 | | provided under Section 8.6 of the Abused and Neglected Child |
4 | | Reporting Act and information contained in service logs |
5 | | maintained by a local education agency under subsection (d) of |
6 | | Section 14-8.02f of the School Code. In addition, the student |
7 | | temporary record shall include information regarding serious |
8 | | disciplinary infractions that resulted in expulsion, |
9 | | suspension, or the imposition of punishment or sanction. For |
10 | | purposes of this provision, serious disciplinary infractions |
11 | | means: infractions involving drugs, weapons, or bodily harm to |
12 | | another. "Student Temporary Record" does not include a |
13 | | Homeschool Declaration Form or any record that a homeschool |
14 | | administrator submits to a school district for proof of a |
15 | | homeschooled student's immunization and health examination as |
16 | | required by Section 27-8.1 of the School Code. |
17 | | (g) "Parent" means a person who is the natural parent of |
18 | | the student or other person who has the primary responsibility |
19 | | for the care and upbringing of the student. All rights and |
20 | | privileges accorded to a parent under this Act shall become |
21 | | exclusively those of the student upon his 18th birthday, |
22 | | graduation from secondary school, marriage or entry into |
23 | | military service, whichever occurs first. Such rights and |
24 | | privileges may also be exercised by the student at any time |
25 | | with respect to the student's permanent school record. |
26 | | (h) "Department" means the Department of Children and |
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1 | | Family Services. |
2 | | (i) "Homeschool administrator" and "Homeschool Declaration |
3 | | Form" have the meanings given to those terms in the Homeschool |
4 | | Act. |
5 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
6 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
7 | | (Text of Section after amendment by P.A. 102-466 ) |
8 | | Sec. 2. As used in this Act: |
9 | | (a) "Student" means any person enrolled or previously |
10 | | enrolled in a school. |
11 | | (b) "School" means any public preschool, day care center, |
12 | | kindergarten, nursery, elementary or secondary educational |
13 | | institution, vocational school, special educational facility |
14 | | or any other elementary or secondary educational agency or |
15 | | institution and any person, agency or institution which |
16 | | maintains school student records from more than one school, |
17 | | but does not include a private or non-public school. |
18 | | (c) "State Board" means the State Board of Education. |
19 | | (d) "School Student Record" means any writing or other |
20 | | recorded information concerning a student and by which a |
21 | | student may be individually identified, maintained by a school |
22 | | or at its direction or by an employee of a school, regardless |
23 | | of how or where the information is stored. The following shall |
24 | | not be deemed school student records under this Act: writings |
25 | | or other recorded information maintained by an employee of a |
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1 | | school or other person at the direction of a school for his or |
2 | | her exclusive use; provided that all such writings and other |
3 | | recorded information are destroyed not later than the |
4 | | student's graduation or permanent withdrawal from the school; |
5 | | and provided further that no such records or recorded |
6 | | information may be released or disclosed to any person except |
7 | | a person designated by the school as a substitute unless they |
8 | | are first incorporated in a school student record and made |
9 | | subject to all of the provisions of this Act. School student |
10 | | records shall not include information maintained by law |
11 | | enforcement professionals working in the school. |
12 | | (e) "Student Permanent Record" means the minimum personal |
13 | | information necessary to a school in the education of the |
14 | | student and contained in a school student record. Such |
15 | | information may include the student's name, birth date, |
16 | | address, grades and grade level, parents' names and addresses, |
17 | | attendance records, and such other entries as the State Board |
18 | | may require or authorize. "Student Permanent Record" does not |
19 | | include a Homeschool Declaration Form or any record that a |
20 | | homeschool administrator submits to a school district for |
21 | | proof of a homeschooled student's immunization and health |
22 | | examination as required by Section 27-8.1 of the School Code. |
23 | | (f) "Student Temporary Record" means all information |
24 | | contained in a school student record but not contained in the |
25 | | student permanent record. Such information may include family |
26 | | background information, intelligence test scores, aptitude |
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1 | | test scores, psychological and personality test results, |
2 | | teacher evaluations, and other information of clear relevance |
3 | | to the education of the student, all subject to regulations of |
4 | | the State Board. The information shall include all of the |
5 | | following: |
6 | | (1) Information provided under Section 8.6 of the |
7 | | Abused and Neglected Child Reporting Act and information |
8 | | contained in service logs maintained by a local education |
9 | | agency under subsection (d) of Section 14-8.02f of the |
10 | | School Code. |
11 | | (2) Information regarding serious disciplinary |
12 | | infractions that resulted in expulsion, suspension, or the |
13 | | imposition of punishment or sanction. For purposes of this |
14 | | provision, serious disciplinary infractions means: |
15 | | infractions involving drugs, weapons, or bodily harm to |
16 | | another. |
17 | | (3) Information concerning a student's status and |
18 | | related experiences as a parent, expectant parent, or |
19 | | victim of domestic or sexual violence, as defined in |
20 | | Article 26A of the School Code, including a statement of |
21 | | the student or any other documentation, record, or |
22 | | corroborating evidence and the fact that the student has |
23 | | requested or obtained assistance, support, or services |
24 | | related to that status. Enforcement of this paragraph (3) |
25 | | shall follow the procedures provided in Section 26A-40 of |
26 | | the School Code. |
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1 | | "Student Temporary Record" does not include a Homeschool |
2 | | Declaration Form or any record that a homeschool administrator |
3 | | submits to a school district for proof of a homeschooled |
4 | | student's immunization and health examination as required by |
5 | | Section 27-8.1 of the School Code. |
6 | | (g) "Parent" means a person who is the natural parent of |
7 | | the student or other person who has the primary responsibility |
8 | | for the care and upbringing of the student. All rights and |
9 | | privileges accorded to a parent under this Act shall become |
10 | | exclusively those of the student upon his 18th birthday, |
11 | | graduation from secondary school, marriage or entry into |
12 | | military service, whichever occurs first. Such rights and |
13 | | privileges may also be exercised by the student at any time |
14 | | with respect to the student's permanent school record. |
15 | | (h) "Department" means the Department of Children and |
16 | | Family Services. |
17 | | (i) "Homeschool administrator" and "Homeschool Declaration |
18 | | Form" have the meanings given to those terms in the Homeschool |
19 | | Act. |
20 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
21 | | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. |
22 | | 5-13-22.) |
23 | | (105 ILCS 10/3) (from Ch. 122, par. 50-3) |
24 | | Sec. 3. (a) The State Board shall issue regulations to |
25 | | govern the contents of school student records, to implement |
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1 | | and assure compliance with the provisions of this Act and to |
2 | | prescribe appropriate procedures and forms for all |
3 | | administrative proceedings, notices and consents required or |
4 | | permitted under this Act. All such regulations and any rules |
5 | | and regulations adopted by any school relating to the |
6 | | maintenance of, access to, dissemination of or challenge to |
7 | | school student records shall be available to the general |
8 | | public. Any information exempt from this Act under subsection |
9 | | (d) of Section 20 of the Homeschool Act is prohibited from |
10 | | being included in school student records. |
11 | | (b) The State Board, each local school board or other |
12 | | governing body and each school shall take reasonable measures |
13 | | to assure that all persons accorded rights or obligations |
14 | | under this Act are informed of such rights and obligations. |
15 | | (c) The principal of each school or the person with like |
16 | | responsibilities or his or her designate shall take all action |
17 | | necessary to assure that school personnel are informed of the |
18 | | provisions of this Act. |
19 | | (Source: P.A. 79-1108.) |
20 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6) |
21 | | Sec. 6. (a) No school student records or information |
22 | | contained therein may be released, transferred, disclosed or |
23 | | otherwise disseminated, except as follows: |
24 | | (1) to a parent or student or person specifically |
25 | | designated as a representative by a parent, as provided in |
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1 | | paragraph (a) of Section 5; |
2 | | (2) to an employee or official of the school or school |
3 | | district or State Board with current demonstrable |
4 | | educational or administrative interest in the student, in |
5 | | furtherance of such interest; |
6 | | (3) to the official records custodian of another |
7 | | school within Illinois or an official with similar |
8 | | responsibilities of a school outside Illinois, in which |
9 | | the student has enrolled, or intends to enroll, upon the |
10 | | request of such official or student; |
11 | | (4) to any person for the purpose of research, |
12 | | statistical reporting, or planning, provided that such |
13 | | research, statistical reporting, or planning is |
14 | | permissible under and undertaken in accordance with the |
15 | | federal Family Educational Rights and Privacy Act (20 |
16 | | U.S.C. 1232g); |
17 | | (5) pursuant to a court order, provided that the |
18 | | parent shall be given prompt written notice upon receipt |
19 | | of such order of the terms of the order, the nature and |
20 | | substance of the information proposed to be released in |
21 | | compliance with such order and an opportunity to inspect |
22 | | and copy the school student records and to challenge their |
23 | | contents pursuant to Section 7; |
24 | | (6) to any person as specifically required by State or |
25 | | federal law; |
26 | | (6.5) to juvenile authorities when necessary for the |
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1 | | discharge of their official duties who request information |
2 | | prior to adjudication of the student and who certify in |
3 | | writing that the information will not be disclosed to any |
4 | | other party except as provided under law or order of |
5 | | court. For purposes of this Section "juvenile authorities" |
6 | | means: (i) a judge of the circuit court and members of the |
7 | | staff of the court designated by the judge; (ii) parties |
8 | | to the proceedings under the Juvenile Court Act of 1987 |
9 | | and their attorneys; (iii) probation officers and court |
10 | | appointed advocates for the juvenile authorized by the |
11 | | judge hearing the case; (iv) any individual, public or |
12 | | private agency having custody of the child pursuant to |
13 | | court order; (v) any individual, public or private agency |
14 | | providing education, medical or mental health service to |
15 | | the child when the requested information is needed to |
16 | | determine the appropriate service or treatment for the |
17 | | minor; (vi) any potential placement provider when such |
18 | | release is authorized by the court for the limited purpose |
19 | | of determining the appropriateness of the potential |
20 | | placement; (vii) law enforcement officers and prosecutors; |
21 | | (viii) adult and juvenile prisoner review boards; (ix) |
22 | | authorized military personnel; (x) individuals authorized |
23 | | by court; |
24 | | (7) subject to regulations of the State Board, in |
25 | | connection with an emergency, to appropriate persons if |
26 | | the knowledge of such information is necessary to protect |
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1 | | the health or safety of the student or other persons; |
2 | | (8) to any person, with the prior specific dated |
3 | | written consent of the parent designating the person to |
4 | | whom the records may be released, provided that at the |
5 | | time any such consent is requested or obtained, the parent |
6 | | shall be advised in writing that he has the right to |
7 | | inspect and copy such records in accordance with Section |
8 | | 5, to challenge their contents in accordance with Section |
9 | | 7 and to limit any such consent to designated records or |
10 | | designated portions of the information contained therein; |
11 | | (9) to a governmental agency, or social service agency |
12 | | contracted by a governmental agency, in furtherance of an |
13 | | investigation of a student's school attendance pursuant to |
14 | | the compulsory student attendance laws of this State, |
15 | | provided that the records are released to the employee or |
16 | | agent designated by the agency; |
17 | | (10) to those SHOCAP committee members who fall within |
18 | | the meaning of "state and local officials and |
19 | | authorities", as those terms are used within the meaning |
20 | | of the federal Family Educational Rights and Privacy Act, |
21 | | for the purposes of identifying serious habitual juvenile |
22 | | offenders and matching those offenders with community |
23 | | resources pursuant to Section 5-145 of the Juvenile Court |
24 | | Act of 1987, but only to the extent that the release, |
25 | | transfer, disclosure, or dissemination is consistent with |
26 | | the Family Educational Rights and Privacy Act; |
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1 | | (11) to the Department of Healthcare and Family |
2 | | Services in furtherance of the requirements of Section |
3 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or |
4 | | Section 10 of the School Breakfast and Lunch Program Act; |
5 | | (12) to the State Board or another State government |
6 | | agency or between or among State government agencies in |
7 | | order to evaluate or audit federal and State programs or |
8 | | perform research and planning, but only to the extent that |
9 | | the release, transfer, disclosure, or dissemination is |
10 | | consistent with the federal Family Educational Rights and |
11 | | Privacy Act (20 U.S.C. 1232g); |
12 | | (12.5) if the student is in the legal custody of the |
13 | | Department of Children and Family Services, to the |
14 | | Department's Office of Education and Transition Services; |
15 | | or |
16 | | (13) under an intergovernmental agreement if an |
17 | | elementary school district and a high school district have |
18 | | attendance boundaries that overlap and are parties to an |
19 | | intergovernmental agreement that allows the sharing of |
20 | | student records and information between the districts. |
21 | | However, the sharing of student information is allowed |
22 | | under an intergovernmental agreement only if the |
23 | | intergovernmental agreement meets all of the following |
24 | | requirements: |
25 | | (A) The sharing of student information must be |
26 | | voluntary and at the discretion of each school |
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1 | | district that is a party to the agreement. |
2 | | (B) The sharing of student information applies |
3 | | only to students who have been enrolled in both |
4 | | districts or would be enrolled in both districts based |
5 | | on district attendance boundaries, and the student's |
6 | | parent or guardian has expressed in writing that the |
7 | | student intends to enroll or has enrolled in the high |
8 | | school district. |
9 | | (C) The sharing of student information does not |
10 | | exceed the scope of information that is shared among |
11 | | schools in a unit school district. However, the terms |
12 | | of an intergovernmental agreement may place further |
13 | | limitations on the information that is allowed to be |
14 | | shared ; or . |
15 | | (14) to the State Board of Education or a school or |
16 | | school district's regional office of education or |
17 | | intermediate service center or, in the case of a school |
18 | | district organized under Article 34 of the School Code, |
19 | | the general superintendent of schools only for the |
20 | | purposes of transmitting a Homeschool Declaration Form to |
21 | | one of these entities in accordance with the Homeschool |
22 | | Act. |
23 | | (b) No information may be released pursuant to |
24 | | subparagraph (3) or (6) of paragraph (a) of this Section 6 |
25 | | unless the parent receives prior written notice of the nature |
26 | | and substance of the information proposed to be released, and |
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1 | | an opportunity to inspect and copy such records in accordance |
2 | | with Section 5 and to challenge their contents in accordance |
3 | | with Section 7. Provided, however, that such notice shall be |
4 | | sufficient if published in a local newspaper of general |
5 | | circulation or other publication directed generally to the |
6 | | parents involved where the proposed release of information is |
7 | | pursuant to subparagraph (6) of paragraph (a) of this Section |
8 | | 6 and relates to more than 25 students. |
9 | | A Homeschool Declaration Form being transmitted in |
10 | | accordance with the provisions of the Homeschool Act to the |
11 | | State Board of Education or the school or school district's |
12 | | regional office of education or intermediate service center |
13 | | or, in the case of a school district organized under Article 34 |
14 | | of the School Code, the general superintendent of schools is |
15 | | not subject to the requirements of paragraph (a) of this |
16 | | Section. |
17 | | (c) A record of any release of information pursuant to |
18 | | this Section must be made and kept as a part of the school |
19 | | student record and subject to the access granted by Section 5. |
20 | | Such record of release shall be maintained for the life of the |
21 | | school student records and shall be available only to the |
22 | | parent and the official records custodian. Each record of |
23 | | release shall also include: |
24 | | (1) the nature and substance of the information |
25 | | released; |
26 | | (2) the name and signature of the official records |
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1 | | custodian releasing such information; |
2 | | (3) the name of the person requesting such |
3 | | information, the capacity in which such a request has been |
4 | | made, and the purpose of such request; |
5 | | (4) the date of the release; and |
6 | | (5) a copy of any consent to such release. |
7 | | (d) Except for the student and his or her parents or, if |
8 | | applicable, the Department's Office of Education and |
9 | | Transition Services, no person to whom information is released |
10 | | pursuant to this Section and no person specifically designated |
11 | | as a representative by a parent may permit any other person to |
12 | | have access to such information without a prior consent of the |
13 | | parent obtained in accordance with the requirements of |
14 | | subparagraph (8) of paragraph (a) of this Section. |
15 | | (e) Nothing contained in this Act shall prohibit the |
16 | | publication of student directories which list student names, |
17 | | addresses and other identifying information and similar |
18 | | publications which comply with regulations issued by the State |
19 | | Board. |
20 | | (Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; |
21 | | 102-813, eff. 5-13-22.) |
22 | | (105 ILCS 10/8.5 new) |
23 | | Sec. 8.5. Maintenance of homeschool records. |
24 | | (a) Any regional office of education or intermediate |
25 | | service center or, in the case of a school district organized |
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1 | | under Article 34 of the School Code, the general |
2 | | superintendent of schools that receives a Homeschool |
3 | | Declaration Form shall maintain a copy of the Homeschool |
4 | | Declaration Form for not less than 5 years after receiving the |
5 | | Homeschool Declaration Form. |
6 | | (b) A public school or school district is not required to |
7 | | maintain a Homeschool Declaration Form or a copy of a |
8 | | Homeschool Declaration Form. A public school or school |
9 | | district that transmits a Homeschool Declaration Form to the |
10 | | school district's regional office of education or intermediate |
11 | | service center or, in the case of a school district organized |
12 | | under Article 34 of the School Code, the general |
13 | | superintendent of schools may maintain a copy of the |
14 | | Homeschool Declaration Form in the public school's or school |
15 | | district's own records for any homeschool student residing in |
16 | | the school's or school district's boundaries. If a public |
17 | | school or school district decides to maintain a copy of a |
18 | | Homeschool Declaration Form, the public school or school |
19 | | district must abide by all storage requirements and |
20 | | confidentiality requirements under which a regional office of |
21 | | education or intermediate service center or, in the case of a |
22 | | school district organized under Article 34 of the School Code, |
23 | | the general superintendent of schools is subject to under this |
24 | | Section and Section 6 of this Act. |
25 | | (c) Any public school or school district that receives |
26 | | proof of a homeschooled student's immunization and health |
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1 | | examination as required by Section 27-8.1 of the School Code |
2 | | shall maintain a copy of those records for not less than 5 |
3 | | years after receipt. |
4 | | Section 995. No acceleration or delay. Where this Act |
5 | | makes changes in a statute that is represented in this Act by |
6 | | text that is not yet or no longer in effect (for example, a |
7 | | Section represented by multiple versions), the use of that |
8 | | text does not accelerate or delay the taking effect of (i) the |
9 | | changes made by this Act or (ii) provisions derived from any |
10 | | other Public Act.". |