Rep. Terra Costa Howard
Filed: 3/13/2025
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1 | AMENDMENT TO HOUSE BILL 2827 | ||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 . |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.". |