093_SB0490eng

 
SB490 Engrossed                      LRB093 10639 NHT 10946 b

 1        AN ACT regarding schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The School Code is amended by adding Sections
 5    2-3.131, 3-14.29, 10-28, 22-35,  and  34-18.26  and  changing
 6    Section 3-14 as follows:

 7        (105 ILCS 5/2-3.131 new)
 8        Sec.   2-3.131.  Sharing   information  on  school  lunch
 9    applicants.  The State Board  of  Education  shall,  whenever
10    requested  by  the Department of Public Aid, agree in writing
11    with the Department of Public Aid (as the State  agency  that
12    administers  the State Medical Assistance Program as provided
13    in Title XIX of the federal Social Security Act and the State
14    Children's Health Insurance Program as provided in Title  XXI
15    of  the  federal  Social  Security  Act)  to  share  with the
16    Department of Public Aid information on applicants  for  free
17    or  reduced-price  lunches. This sharing of information shall
18    be for the sole purpose of helping the Department  of  Public
19    Aid  identify  and  enroll  children  in  the  State  Medical
20    Assistance  Program  or the State Children's Health Insurance
21    Program  or  both   as   allowed   under   42   U.S.C.   Sec.
22    1758(b)(2)(C)(iii)(IV)  and  under the restrictions set forth
23    in 42 U.S.C. Sec.  1758(b)(2)(C)(vi)  and  (vii).  The  State
24    Board of Education may not adopt any rule that would prohibit
25    a  child from receiving any form of subsidy or benefit due to
26    his or her  parent  or  guardian  withholding  consent  under
27    Section 22-35 of this Code.

28        (105 ILCS 5/3-14) (from Ch. 122, par. 3-14)
29        Sec.   3-14.  Duties  of  regional  superintendent.   The
30    regional superintendent of schools shall perform  the  duties
 
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 1    enumerated  in  the following Sections preceding Section 3-15
 2    3-14.1 through 3-14.25.
 3    (Source: P.A. 83-503.)

 4        (105 ILCS 5/3-14.29 new)
 5        Sec.  3-14.29.  Sharing  information  on   school   lunch
 6    applicants.    Whenever requested by the Department of Public
 7    Aid, to agree in writing with the Department  of  Public  Aid
 8    (as  the  State  agency  that  administers  the State Medical
 9    Assistance Program as provided in Title XIX  of  the  federal
10    Social Security Act and the State Children's Health Insurance
11    Program  as  provided  in  Title  XXI  of  the federal Social
12    Security Act) to share with  the  Department  of  Public  Aid
13    information  on applicants for free or reduced-price lunches.
14    This sharing of information shall be for the sole purpose  of
15    helping  the  Department  of  Public  Aid identify and enroll
16    children in the State Medical Assistance Program or the State
17    Children's Health Insurance Program or both as allowed  under
18    42   U.S.C.   Sec.   1758(b)(2)(C)(iii)(IV)   and  under  the
19    restrictions set forth in 42  U.S.C.  Sec.  1758(b)(2)(C)(vi)
20    and (vii).

21        (105 ILCS 5/10-28 new)
22        Sec.   10-28.  Sharing   information   on   school  lunch
23    applicants. A school board shall, whenever requested  by  the
24    Department   of   Public  Aid,  agree  in  writing  with  the
25    Department  of  Public  Aid  (as  the   State   agency   that
26    administers  the State Medical Assistance Program as provided
27    in Title XIX of the federal Social Security Act and the State
28    Children's Health Insurance Program as provided in Title  XXI
29    of  the  federal  Social  Security  Act)  to  share  with the
30    Department of Public Aid information on applicants  for  free
31    or  reduced-price  lunches.  A  school  board shall, whenever
32    requested by the Department of Public Aid,  require  each  of
 
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 1    its schools to agree in writing with the Department of Public
 2    Aid to share with the Department of Public Aid information on
 3    applicants for free or reduced-price lunches. This sharing of
 4    information  shall  be  for  the  sole purpose of helping the
 5    Department of Public Aid identify and enroll children in  the
 6    State  Medical  Assistance  Program  or  the State Children's
 7    Health Insurance Program or both as allowed under  42  U.S.C.
 8    Sec.  1758(b)(2)(C)(iii)(IV)  and  under the restrictions set
 9    forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

10        (105 ILCS 5/22-35 new)
11        Sec.  22-35.  Sharing   information   on   school   lunch
12    applicants;  consent.   Before  an  entity  shares  with  the
13    Department of Public Aid information on an applicant for free
14    or  reduced-price  lunches  under  Section  2-3.131, 3-14.29,
15    10-28, or 34-18.26 of this Code or Section 10 of  the  School
16    Breakfast  and Lunch Program Act, that entity must obtain, in
17    writing, the consent  of  the  applicant's  parent  or  legal
18    guardian.  The  Department  of  Public  Aid  may not seek any
19    punitive action against or withhold any  benefit  or  subsidy
20    from  an  applicant  for a free or reduced-price lunch due to
21    the applicant's parent or legal guardian withholding consent.

22        (105 ILCS 5/34-18.26 new)
23        Sec.  34-18.26.  Sharing  information  on  school   lunch
24    applicants.  The  board  shall,  whenever  requested  by  the
25    Department   of   Public  Aid,  agree  in  writing  with  the
26    Department  of  Public  Aid  (as  the   State   agency   that
27    administers  the State Medical Assistance Program as provided
28    in Title XIX of the federal Social Security Act and the State
29    Children's Health Insurance Program as provided in Title  XXI
30    of  the  federal  Social  Security  Act)  to  share  with the
31    Department of Public Aid information on applicants  for  free
32    or   reduced-price   lunches.    The  board  shall,  whenever
 
SB490 Engrossed             -4-      LRB093 10639 NHT 10946 b
 1    requested by the Department of Public Aid,  require  each  of
 2    its schools to agree in writing with the Department of Public
 3    Aid to share with the Department of Public Aid information on
 4    applicants  for  free or reduced-price lunches.  This sharing
 5    of information shall be for the sole purpose of  helping  the
 6    Department  of Public Aid identify and enroll children in the
 7    State Medical Assistance  Program  or  the  State  Children's
 8    Health  Insurance  Program or both as allowed under 42 U.S.C.
 9    Sec. 1758(b)(2)(C)(iii)(IV) and under  the  restrictions  set
10    forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

11        Section  7.   The  Illinois School Student Records Act is
12    amended by changing Section 6 as follows:

13        (105 ILCS 10/6) (from Ch. 122, par. 50-6)
14        Sec. 6.  (a)  No school student  records  or  information
15    contained  therein may be released, transferred, disclosed or
16    otherwise disseminated, except as follows:
17             (1)  To a parent or student or  person  specifically
18        designated  as  a representative by a parent, as provided
19        in paragraph (a) of Section 5;
20             (2)  To an employee or official  of  the  school  or
21        school  district or State Board with current demonstrable
22        educational or administrative interest in the student, in
23        furtherance of such interest;
24             (3)  To the official records  custodian  of  another
25        school  within  Illinois  or  an  official  with  similar
26        responsibilities  of  a school outside Illinois, in which
27        the student has enrolled, or intends to enroll, upon  the
28        request of such official or student;
29             (4)  To  any  person  for  the  purpose of research,
30        statistical  reporting  or  planning,  provided  that  no
31        student or parent can be identified from the  information
32        released  and  the  person  to  whom  the  information is
 
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 1        released signs an affidavit agreeing to comply  with  all
 2        applicable   statutes  and  rules  pertaining  to  school
 3        student records;
 4             (5)  Pursuant to a court order,  provided  that  the
 5        parent  shall be given prompt written notice upon receipt
 6        of such order of the terms of the order, the  nature  and
 7        substance  of  the information proposed to be released in
 8        compliance with such order and an opportunity to  inspect
 9        and  copy  the  school  student  records and to challenge
10        their contents pursuant to Section 7;
11             (6)  To any person as specifically required by State
12        or federal law;
13             (6.5)  To juvenile authorities  when  necessary  for
14        the  discharge  of  their  official  duties  who  request
15        information  prior to adjudication of the student and who
16        certify in writing  that  the  information  will  not  be
17        disclosed to any other party except as provided under law
18        or   order  of  court.   For  purposes  of  this  Section
19        "juvenile authorities" means: (i) a judge of the  circuit
20        court and members of the staff of the court designated by
21        the  judge;  (ii)  parties  to  the proceedings under the
22        Juvenile Court Act of 1987  and  their  attorneys;  (iii)
23        probation  officers and court appointed advocates for the
24        juvenile authorized by the judge hearing the case;   (iv)
25        any  individual,  public or private agency having custody
26        of the child pursuant to court order; (v) any individual,
27        public or private agency providing education, medical  or
28        mental  health  service  to  the child when the requested
29        information  is  needed  to  determine  the   appropriate
30        service  or  treatment  for the minor; (vi) any potential
31        placement provider when such release is authorized by the
32        court  for  the  limited  purpose  of   determining   the
33        appropriateness  of  the  potential  placement; (vii) law
34        enforcement officers and prosecutors;  (viii)  adult  and
 
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 1        juvenile prisoner review boards; (ix) authorized military
 2        personnel; (x) individuals authorized by court;
 3             (7)  Subject  to  regulations of the State Board, in
 4        connection with an emergency, to appropriate  persons  if
 5        the knowledge of such information is necessary to protect
 6        the health or safety of the student or other persons;
 7             (8)  To  any  person,  with the prior specific dated
 8        written consent of the parent designating the  person  to
 9        whom  the  records  may be released, provided that at the
10        time any such  consent  is  requested  or  obtained,  the
11        parent  shall be advised in writing that he has the right
12        to inspect and  copy  such  records  in  accordance  with
13        Section 5, to challenge their contents in accordance with
14        Section  7  and  to  limit any such consent to designated
15        records  or  designated  portions  of   the   information
16        contained therein;
17             (9)  To  a  governmental  agency,  or social service
18        agency  contracted   by   a   governmental   agency,   in
19        furtherance  of  an  investigation  of a student's school
20        attendance pursuant to the compulsory student  attendance
21        laws  of  this  State,  provided  that  the  records  are
22        released  to  the  employee  or  agent  designated by the
23        agency; or
24             (10)  To those SHOCAP  committee  members  who  fall
25        within  the  meaning  of  "state  and local officials and
26        authorities", as those terms are used within the  meaning
27        of the federal Family Educational Rights and Privacy Act,
28        for the purposes of identifying serious habitual juvenile
29        offenders  and  matching  those  offenders with community
30        resources pursuant to Section 5-145 of the Juvenile Court
31        Act of 1987, but only to the  extent  that  the  release,
32        transfer, disclosure, or dissemination is consistent with
33        the Family Educational Rights and Privacy Act; or.
34             (11)  To the Department of Public Aid in furtherance
 
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 1        of  the  requirements of Section 2-3.131, 3-14.29, 10-28,
 2        or 34-18.26 of the School  Code  or  Section  10  of  the
 3        School Breakfast and Lunch Program Act.
 4        (b)  No   information   may   be   released  pursuant  to
 5    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
 6    unless the parent receives prior written notice of the nature
 7    and substance of the information proposed to be released, and
 8    an opportunity to inspect and copy such records in accordance
 9    with  Section 5 and to challenge their contents in accordance
10    with Section 7.  Provided, however, that such notice shall be
11    sufficient if published  in  a  local  newspaper  of  general
12    circulation  or  other  publication directed generally to the
13    parents involved where the proposed release of information is
14    pursuant to subparagraph 6 of paragraph (a) in this Section 6
15    and relates to more than 25 students.
16        (c)  A record of any release of information  pursuant  to
17    this  Section  must  be made and kept as a part of the school
18    student record and subject to the access granted  by  Section
19    5. Such record of release shall be maintained for the life of
20    the school student records and shall be available only to the
21    parent  and  the  official  records custodian. Each record of
22    release shall also include:
23             (1)  The nature and  substance  of  the  information
24        released;
25             (2)  The  name and signature of the official records
26        custodian releasing such information;
27             (3)  The  name  of  the   person   requesting   such
28        information,  the  capacity  in  which such a request has
29        been made, and the purpose of such request;
30             (4)  The date of the release; and
31             (5)  A copy of any consent to such release.
32        (d)  Except for the student and his parents, no person to
33    whom information is released pursuant to this Section and  no
34    person  specifically  designated  as  a  representative  by a
 
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 1    parent may permit any other person to  have  access  to  such
 2    information without a prior consent of the parent obtained in
 3    accordance  with  the  requirements  of  subparagraph  (8) of
 4    paragraph (a) of this Section.
 5        (e)  Nothing contained in this  Act  shall  prohibit  the
 6    publication  of student directories which list student names,
 7    addresses  and  other  identifying  information  and  similar
 8    publications which comply  with  regulations  issued  by  the
 9    State Board.
10    (Source:  P.A.  90-566,  eff.  1-2-98;  90-590,  eff. 1-1-00;
11    91-357, eff. 7-29-99; 91-665, eff. 12-22-99.)

12        Section 10.  The School Breakfast and Lunch  Program  Act
13    is amended by adding Section 10 as follows:

14        (105 ILCS 125/10 new)
15        Sec. 10.  Sharing information on school lunch applicants.
16    Each   private   school  that  receives  funds  for  free  or
17    reduced-price  lunches  under  this   Act   shall,   whenever
18    requested  by  the Department of Public Aid, agree in writing
19    with the Department of Public Aid (as the State  agency  that
20    administers  the State Medical Assistance Program as provided
21    in Title XIX of the federal Social Security Act and the State
22    Children's Health Insurance Program as provided in Title  XXI
23    of  the  federal  Social  Security  Act)  to  share  with the
24    Department of Public Aid information on applicants  for  free
25    or  reduced-price lunches.  This sharing of information shall
26    be for the sole purpose of helping the Department  of  Public
27    Aid  identify  and  enroll  children  in  the  State  Medical
28    Assistance  Program  or the State Children's Health Insurance
29    Program  or  both   as   allowed   under   42   U.S.C.   Sec.
30    1758(b)(2)(C)(iii)(IV)  and  under the restrictions set forth
31    in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
 
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 1        Section 99.  Effective date.  This Act  takes  effect  on
 2    July 1, 2003.