Rep. Scott Drury
Filed: 3/28/2016
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 811
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 811 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by adding Section | ||||||
5 | 22-82 as follows: | ||||||
6 | (105 ILCS 5/22-82 new) | ||||||
7 | Sec. 22-82. Student data privacy. | ||||||
8 | (a) It is the intent of the General Assembly to help ensure | ||||||
9 | that information generated by and about students in the course | ||||||
10 | of and in connection with their education is safeguarded and | ||||||
11 | that student privacy is honored, respected, and protected. The | ||||||
12 | General Assembly finds the following: | ||||||
13 | (1) Information generated by and about students in the | ||||||
14 | course of and in connection with their education is a vital | ||||||
15 | resource for teachers and school staff in planning | ||||||
16 | education programs and services, scheduling students into |
| |||||||
| |||||||
1 | appropriate classes, and completing reports for | ||||||
2 | educational agencies. | ||||||
3 | (2) Information generated by and about students in the | ||||||
4 | course of and in connection with their education is | ||||||
5 | critical to educators in helping students successfully | ||||||
6 | graduate from high school and being ready to enter the | ||||||
7 | workforce or postsecondary education. | ||||||
8 | (3) While information generated by and about students | ||||||
9 | in the course of and in connection with their education is | ||||||
10 | important for educational purposes, it is also critically | ||||||
11 | important to ensure that the information is protected, | ||||||
12 | safeguarded, and kept private and used only by appropriate | ||||||
13 | educational authorities or their permitted designees, and | ||||||
14 | then only to serve the best interests of the student. | ||||||
15 | To that end, this Section helps ensure that information | ||||||
16 | generated by and about students in the course of and in | ||||||
17 | connection with their education is protected and expectations | ||||||
18 | of privacy are honored. | ||||||
19 | (b) In this Section: | ||||||
20 | "Breach" means the unauthorized acquisition of | ||||||
21 | computerized data that compromises the security, | ||||||
22 | confidentiality, or integrity of personally identifiable | ||||||
23 | information, student data, or a school student record. | ||||||
24 | "Eligible student" has the meaning set forth in the | ||||||
25 | Illinois School Student Records Act. | ||||||
26 | "Parent" has the meaning set forth in the Illinois School |
| |||||||
| |||||||
1 | Student Records Act. | ||||||
2 | "Personally identifiable information" has the meaning set | ||||||
3 | forth in the Illinois School Student Records Act. | ||||||
4 | "Profile" means a file or other mechanism used to collect, | ||||||
5 | retain, and use student data or other information by which to | ||||||
6 | identify or otherwise keep track of an individual student or | ||||||
7 | group of students. | ||||||
8 | "Record" has the meaning set forth in the Illinois School | ||||||
9 | Student Records Act. | ||||||
10 | "School" has the meaning set forth in the Illinois School | ||||||
11 | Student Records Act. | ||||||
12 | "School authority" has the meaning set forth in the | ||||||
13 | Illinois School Student Records Act. | ||||||
14 | "School purpose" means any activity that is directed by or | ||||||
15 | takes place at the direction of a school authority. Advertising | ||||||
16 | that is not otherwise specifically authorized in this Section | ||||||
17 | is not a school purpose. | ||||||
18 | "School student record" has the meaning set forth in the | ||||||
19 | Illinois School Student Records Act. | ||||||
20 | "State Board" means the State Board of Education. | ||||||
21 | "Student" has the meaning set forth in the Illinois School | ||||||
22 | Student Records Act. | ||||||
23 | "Student data" means any information or records regarding a | ||||||
24 | student collected by or provided to a vendor for or in | ||||||
25 | connection with a school purpose, including personally | ||||||
26 | identifiable information and information that is linked to |
| |||||||
| |||||||
1 | personally identifiable information. "Student data" does not | ||||||
2 | include aggregated information or records to the extent no | ||||||
3 | student may be individually identified therefrom in any manner | ||||||
4 | whatsoever or other information or records that do not include | ||||||
5 | personally identifiable information or other data by which a | ||||||
6 | student may be identified in any manner whatsoever. "Student | ||||||
7 | data" does include aggregated information or records that are | ||||||
8 | capable of being de-aggregated or reconstructed to the point | ||||||
9 | that any student may be individually identified therefrom. | ||||||
10 | "Targeted advertising" means advertising to an individual | ||||||
11 | student or group of students in which the advertisements are | ||||||
12 | selected based on a known or assumed trait of the student or | ||||||
13 | group of students or information obtained or inferred from the | ||||||
14 | student's or group of students' online behavior within a | ||||||
15 | vendor's product or service or the student's or group of | ||||||
16 | students' use of a vendor's products or services. This term | ||||||
17 | does not include: | ||||||
18 | (1) information sent by a vendor to a specific | ||||||
19 | individual or group of individuals to advise them of | ||||||
20 | updates or improvements to products, sites, or services | ||||||
21 | that are already being utilized by the individual or group | ||||||
22 | of individuals, provided that the school authority or the | ||||||
23 | individual or group of individuals have consented to | ||||||
24 | receiving information about updates and improvements; or | ||||||
25 | (2) school purpose advertisements at an online | ||||||
26 | location based on a student's current visit to that |
| |||||||
| |||||||
1 | location without collection and retention of the student's | ||||||
2 | online activities over time. | ||||||
3 | "Vendor" means any entity that, for a fee or free of | ||||||
4 | charge: | ||||||
5 | (1) provides a product or service to a school authority | ||||||
6 | that collects, retains, or uses student data; | ||||||
7 | (2) designs or markets a product or service for use by | ||||||
8 | a school authority that collects, retains, or uses student | ||||||
9 | data; or | ||||||
10 | (3) knows or reasonably should know that a product or | ||||||
11 | service that collects, retains, or uses student data will | ||||||
12 | be used for a school purpose. | ||||||
13 | (c) It shall be unlawful for any vendor in possession of | ||||||
14 | student data or any subcontractor, agent, independent | ||||||
15 | contractor, or other entity that receives student data from a | ||||||
16 | vendor to: | ||||||
17 | (1) engage in targeted advertising based in whole or in | ||||||
18 | part on student data; | ||||||
19 | (2) sell, lease, provide, or rent student data to any | ||||||
20 | person, entity, or third party other than the school | ||||||
21 | authority or State Board, unless there has been a purchase, | ||||||
22 | merger, or other type of acquisition of the vendor by | ||||||
23 | another entity, in which case the sale of previously | ||||||
24 | collected student data is permitted, provided that the | ||||||
25 | successor entity agrees in writing to be subject to and | ||||||
26 | bound by the provisions of this Section and any agreement |
| |||||||
| |||||||
1 | governed by this Section and a copy of the successor | ||||||
2 | entity's agreement with the vendor that relates to this | ||||||
3 | Section is provided to the school authority, redacted to | ||||||
4 | prevent disclosure of confidential or proprietary | ||||||
5 | information; | ||||||
6 | (3) exercise or claim any rights, implied or otherwise, | ||||||
7 | to any student data, unless otherwise authorized by this | ||||||
8 | Section; | ||||||
9 | (4) disclose or otherwise allow any third party to have | ||||||
10 | access to student data, unless such disclosure is: | ||||||
11 | (A) made only in furtherance of a school purpose | ||||||
12 | and the recipient of the student data is legally | ||||||
13 | required to comply with this Section; | ||||||
14 | (B) to the extent permitted by federal law, to law | ||||||
15 | enforcement to protect the safety of users or others or | ||||||
16 | the security or integrity of the vendor's service; | ||||||
17 | (C) required by court order or State or federal | ||||||
18 | law; | ||||||
19 | (D) made in connection with research being | ||||||
20 | conducted pursuant to and in compliance with | ||||||
21 | subsection (a-5) of Section 6 of the Illinois School | ||||||
22 | Student Records Act; | ||||||
23 | (E) to ensure legal or regulatory compliance; or | ||||||
24 | (F) to a subcontractor, agent, independent | ||||||
25 | contractor or other entity, for the purposes of | ||||||
26 | enabling the vendor to meet its contractual |
| |||||||
| |||||||
1 | obligations to the school authority, that first | ||||||
2 | acknowledges in writing that it has read and | ||||||
3 | understands the requirements of this Section and | ||||||
4 | agrees in writing to be bound by its provisions and the | ||||||
5 | terms of any agreement entered into between the vendor | ||||||
6 | and the school authority, with a copy of such written | ||||||
7 | acknowledgement and agreement being provided to the | ||||||
8 | school authority; | ||||||
9 | (5) create, generate, or otherwise amass a profile | ||||||
10 | about any student if the profile is based on any student | ||||||
11 | data, for any purpose other than a school purpose; | ||||||
12 | (6) require a school authority or its employees, | ||||||
13 | agents, volunteers, or students to indemnify a vendor or | ||||||
14 | pay the vendor's attorney's fees or costs in connection | ||||||
15 | with any dispute arising out of or otherwise connected to | ||||||
16 | student data, except in the case of willful or wanton | ||||||
17 | conduct by a school authority or its employee or agent, in | ||||||
18 | which case indemnification by the school authority may be | ||||||
19 | permitted; | ||||||
20 | (7) require a school authority or its employees, | ||||||
21 | agents, volunteers, or students to arbitrate any dispute | ||||||
22 | arising out of or otherwise connected to student data; | ||||||
23 | (8) enter into any agreement with a school authority | ||||||
24 | that authorizes in any manner activities prohibited by this | ||||||
25 | Section; and | ||||||
26 | (9) modify or otherwise alter the terms and conditions |
| |||||||
| |||||||
1 | of any agreement with a school authority related to student | ||||||
2 | data without the express consent of the school authority or | ||||||
3 | its designee, which may not be the vendor. | ||||||
4 | (d) Any vendor who receives any student data in any manner | ||||||
5 | shall: | ||||||
6 | (1) implement and maintain appropriate administrative, | ||||||
7 | physical, and technical safeguards to secure the student | ||||||
8 | data from unauthorized access, destruction, use, | ||||||
9 | modification, or disclosure in a manner that is at least as | ||||||
10 | protective as any rules adopted by the State Board and any | ||||||
11 | guidance provided by the United States Department of | ||||||
12 | Education Privacy and Technical Assistance Center; | ||||||
13 | (2) within the most expedient time possible and without | ||||||
14 | unreasonable delay, notify the school authority of any | ||||||
15 | breach, regardless of whether it is the school authority's | ||||||
16 | student data; | ||||||
17 | (3) to the extent feasible, delete the student data, | ||||||
18 | school student record, or personally identifiable | ||||||
19 | information of a specific student at the request of the | ||||||
20 | student's school or school authority; | ||||||
21 | (4) designate an officer or employee as a responsible | ||||||
22 | person who shall be trained in a manner so as to ensure | ||||||
23 | compliance with this Section and ensure the security and | ||||||
24 | confidentiality of student data and who shall work with the | ||||||
25 | official records custodian of the school authority under | ||||||
26 | subsection (a) of Section 4 of the Illinois School Student |
| |||||||
| |||||||
1 | Records Act; | ||||||
2 | (5) unless otherwise required by federal or State law, | ||||||
3 | within a reasonable amount of time after the completion or | ||||||
4 | termination of the terms of any agreement with a school | ||||||
5 | authority under which a vendor gained access to student | ||||||
6 | data, not to exceed 60 days: | ||||||
7 | (A) delete or return to the school authority all | ||||||
8 | student data, unless the student data is stored on a | ||||||
9 | backup tape or other backup medium, in which case the | ||||||
10 | data shall be overwritten in the most expedient manner | ||||||
11 | possible in the normal course of business; and | ||||||
12 | (B) provide a written certification that such | ||||||
13 | deletion has occurred; | ||||||
14 | (6) if directed by the school authority, correct or | ||||||
15 | delete student data that the student's parents or guardians | ||||||
16 | or the eligible student would be permitted to access and | ||||||
17 | correct in the student's school student records with the | ||||||
18 | school authority under federal or State law; | ||||||
19 | (7) permit a school authority or its designee to audit | ||||||
20 | and inspect, on an annual basis or after any breach, the | ||||||
21 | vendor's practices with respect to any student data | ||||||
22 | received by the vendor from the school authority or any | ||||||
23 | student profiles, provided that this requirement shall be | ||||||
24 | satisfied if the vendor provides the school authority with | ||||||
25 | an independent, third-party audit acceptable to the school | ||||||
26 | authority that has been conducted within the previous 12 |
| |||||||
| |||||||
1 | months or, in the case of a breach, within 3 months after | ||||||
2 | the breach; | ||||||
3 | (8) permit the school authority access to any student | ||||||
4 | data provided by the school authority, provided that the | ||||||
5 | student data is stored with the vendor, in order for the | ||||||
6 | school authority to comply with any law that may require | ||||||
7 | disclosure; | ||||||
8 | (9) consistent with the provisions of this Section, be | ||||||
9 | permitted to diagnose, evaluate, or correct problems with | ||||||
10 | or otherwise modify or improve the vendor's product or | ||||||
11 | service; | ||||||
12 | (10) be permitted to use student data that does not | ||||||
13 | contain any personally identifiable information and has | ||||||
14 | otherwise been stripped of or does not contain identifying | ||||||
15 | information for the purpose of: | ||||||
16 | (A) adaptive, personalized, or customized | ||||||
17 | learning; | ||||||
18 | (B) demonstrating the effectiveness of the product | ||||||
19 | or service; or | ||||||
20 | (C) developing, supporting, and improving | ||||||
21 | educational sites, services, or applications; | ||||||
22 | (11) agree that any dispute arising out of or otherwise | ||||||
23 | connected to student data shall be litigated using Illinois | ||||||
24 | law, the proper venue is in the county or federal court | ||||||
25 | district in which the school district is located, and the | ||||||
26 | court in the proper venue shall have jurisdiction over the |
| |||||||
| |||||||
1 | vendor; and | ||||||
2 | (12) agree that the student data continues to be the | ||||||
3 | property of and under the control of the school authority | ||||||
4 | and that the vendor has a limited, nonexclusive license to | ||||||
5 | the student data solely for the purpose of performing its | ||||||
6 | obligations under the agreement required by subsection (e) | ||||||
7 | of this Section or supporting, maintaining, diagnosing, or | ||||||
8 | improving the vendor's product or service. | ||||||
9 | (e) Any vendor who seeks to receive from a school authority | ||||||
10 | or the State Board in any manner any student data is required | ||||||
11 | to enter into a written agreement with the school authority | ||||||
12 | before any records may be transferred, which agreement shall | ||||||
13 | contain the following: | ||||||
14 | (1) provisions consistent with each prohibition or | ||||||
15 | requirement set forth in subsections (c) and (d) of this | ||||||
16 | Section; | ||||||
17 | (2) a listing of the categories or types of student | ||||||
18 | data to be provided to the vendor; | ||||||
19 | (3) a statement of the product or service being | ||||||
20 | provided to the school authority by the vendor; | ||||||
21 | (4) a statement that the vendor is acting as a school | ||||||
22 | official with a legitimate educational interest, is | ||||||
23 | performing an institutional service or function for which | ||||||
24 | the school authority would otherwise use employees, under | ||||||
25 | the direct control of the school authority with respect to | ||||||
26 | the use and maintenance of student data, and is using such |
| |||||||
| |||||||
1 | student data only for an authorized purpose and will not | ||||||
2 | re-disclose it to third parties or affiliates, unless | ||||||
3 | otherwise permitted under this Section, without permission | ||||||
4 | from the school authority or pursuant to court order; | ||||||
5 | (5) a description of the actions the vendor will take, | ||||||
6 | including a description of the training the vendor will | ||||||
7 | provide to anyone who will receive or have access to | ||||||
8 | student data, to ensure the security and confidentiality of | ||||||
9 | student data; compliance with this subdivision (5) shall | ||||||
10 | not, in itself, absolve the vendor of liability in the | ||||||
11 | event of an unauthorized disclosure of student data; and | ||||||
12 | (6) a statement that the agreement is the entire | ||||||
13 | agreement between the school authority, including school | ||||||
14 | authority employees and other end users, and the vendor. | ||||||
15 | (f) Each school authority shall adopt a policy regarding | ||||||
16 | which school employees have the power to bind the school | ||||||
17 | authority to the terms of any non-verbal agreements, whether | ||||||
18 | electronic, click-through, click-wrap, or in writing and | ||||||
19 | require an original copy of each agreement's terms and | ||||||
20 | conditions to be maintained at the school authority's primary | ||||||
21 | place of business. Each school authority shall prohibit | ||||||
22 | individual school employees not authorized to bind the school | ||||||
23 | authority to such agreements from entering into any agreement | ||||||
24 | with vendors without written authorization from the school | ||||||
25 | authority and require that any school entering into any | ||||||
26 | agreement with a vendor is subject to the requirements of this |
| |||||||
| |||||||
1 | Section and that oral agreements are prohibited. Any oral | ||||||
2 | agreement is void as against public policy. If a vendor enters | ||||||
3 | into an agreement with an employee or other end users who are | ||||||
4 | not authorized through the school authority's policy to enter | ||||||
5 | into such an agreement, then the school authority shall have | ||||||
6 | the authority to unilaterally cancel the agreement. This | ||||||
7 | Section shall not be construed to limit individual school | ||||||
8 | employees outside of the scope of their employment from | ||||||
9 | entering into agreements with vendors on their own behalf and | ||||||
10 | for a non-school purpose, provided that no student data is | ||||||
11 | provided to the vendors. | ||||||
12 | (g) The State Board shall create, publish, and make | ||||||
13 | publicly available all categories of data collected by the | ||||||
14 | State Board that contain personally identifiable information. | ||||||
15 | (h) In the event of a breach resulting, in whole or in | ||||||
16 | part, from the vendor's conduct, in addition to any other | ||||||
17 | remedies available to the school authority under law or equity, | ||||||
18 | the vendor shall reimburse the school authority in full for all | ||||||
19 | reasonable costs and expenses incurred by the school authority | ||||||
20 | as a result of the vendor's conduct in investigating and | ||||||
21 | remediating the breach, including, but not limited to: | ||||||
22 | (1) providing notification to those students whose | ||||||
23 | personally identifiable information was compromised, to | ||||||
24 | their parents or guardians in the event a student is under | ||||||
25 | the age of 18, and to regulatory agencies or other entities | ||||||
26 | as required by law or contract; |
| |||||||
| |||||||
1 | (2) providing one year's credit monitoring to those | ||||||
2 | students and eligible students whose student data was | ||||||
3 | exposed in such a manner during the breach that a | ||||||
4 | reasonable person would have cause to believe that it could | ||||||
5 | impact his or her credit or financial security; | ||||||
6 | (3) legal fees, audit costs, fines, and other fees or | ||||||
7 | damages imposed against the school authority as a result of | ||||||
8 | the security breach; and | ||||||
9 | (4) providing any other notifications or fulfilling | ||||||
10 | any other requirements adopted by the State Board or under | ||||||
11 | State or federal laws. | ||||||
12 | (i) The State Board shall develop, publish, and make | ||||||
13 | publicly available model student data privacy policies and | ||||||
14 | procedures that comply with relevant State and federal law. | ||||||
15 | (j) Within 180 days after the effective date of this | ||||||
16 | amendatory Act of the 99th General Assembly, the State Board | ||||||
17 | shall create a model notice that school authorities shall use | ||||||
18 | to provide notice to parents, guardians, and eligible students | ||||||
19 | about vendors. It shall be titled "Student Data Shared With | ||||||
20 | Vendors" and state, in general terms, what types of student | ||||||
21 | data are collected by the school authority and shared with | ||||||
22 | vendors under this Section and the purposes of collecting and | ||||||
23 | using the student data. Upon the creation of the notice | ||||||
24 | described in this subsection (j), a school authority shall, at | ||||||
25 | the beginning of each school year, provide such notice to | ||||||
26 | parents, guardians, and eligible students by the same means |
| |||||||
| |||||||
1 | generally used to send notices to them. | ||||||
2 | (k) In addition to any other penalties, any agreement | ||||||
3 | governed by this Section that fails to comply with the | ||||||
4 | requirements of this Section shall be rendered void if, upon | ||||||
5 | notice and a reasonable opportunity to cure, the noncompliant | ||||||
6 | party fails to cure any defect. Written notice of noncompliance | ||||||
7 | may be provided by either party to the agreement. Any vendor | ||||||
8 | subject to an agreement voided under this subsection (k) is | ||||||
9 | required, within 60 days, to delete or return to the school | ||||||
10 | authority all student data and information contained in student | ||||||
11 | profiles and, in the event of deletion, provide a written | ||||||
12 | certification that such deletion has occurred. Any vendor that | ||||||
13 | fails to cure any defect in the agreement is not be entitled to | ||||||
14 | any further payment required under the agreement and shall | ||||||
15 | return to the school authority all payments made from the date | ||||||
16 | of notification of non-compliance by the school authority. | ||||||
17 | (l) Nothing in this Section shall be construed to: | ||||||
18 | (1) restrict adaptive, personalized, or customized | ||||||
19 | learning, subject to the requirements of this Section; | ||||||
20 | (2) prohibit a vendor from complying with its | ||||||
21 | obligations under federal or State law; | ||||||
22 | (3) impose a duty on a provider of an interactive | ||||||
23 | computer service, as defined in Chapter 5 of Title 47 of | ||||||
24 | the United States Code, to review or enforce compliance | ||||||
25 | with this Section by third-party content providers, | ||||||
26 | provided that this subdivision (3) has no impact on the |
| |||||||
| |||||||
1 | obligations of vendors; | ||||||
2 | (4) impose a duty on a provider of an electronic store, | ||||||
3 | a gateway, a marketplace, or any other means of purchasing | ||||||
4 | or downloading software or applications to review or | ||||||
5 | enforce compliance with this Section, unless the provider | ||||||
6 | described in this subdivision (4) is also a vendor subject | ||||||
7 | to the provisions of this Section or has a financial | ||||||
8 | interest in or control over a vendor subject to the | ||||||
9 | provisions of this Section; | ||||||
10 | (5) impede the ability of students to download, | ||||||
11 | transfer, or otherwise save or maintain their own student | ||||||
12 | data, provided that nothing in this subdivision (5) shall | ||||||
13 | allow a vendor to circumvent or engage in conduct | ||||||
14 | prohibited by this Section; | ||||||
15 | (6) limit Internet service providers from providing | ||||||
16 | Internet connectivity to school authorities, students, and | ||||||
17 | students' parents or guardians, provided that the | ||||||
18 | provision of such Internet connectivity does not violate | ||||||
19 | any of the provisions of this Section; and | ||||||
20 | (7) apply to an entity acting entirely outside of its | ||||||
21 | vendor capacity. | ||||||
22 | Section 10. The Illinois School Student Records Act is | ||||||
23 | amended by changing Sections 2, 6, and 9 as follows:
| ||||||
24 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
|
| |||||||
| |||||||
1 | Sec. 2.
As used in this Act : ,
| ||||||
2 | "Biometric information" has the meaning set forth in | ||||||
3 | subsection (a) of Section 10-20.40 of the School Code. | ||||||
4 | "Eligible student" means a student who has reached 18 years | ||||||
5 | of age or is attending a post-secondary educational | ||||||
6 | institution. | ||||||
7 | "Parent" means a person who is the natural parent of a | ||||||
8 | student or other person who has the primary responsibility for | ||||||
9 | the care and upbringing of a student. All rights and privileges | ||||||
10 | accorded to a parent under this Act shall become exclusively | ||||||
11 | those of the student upon his or her 18th birthday or upon | ||||||
12 | attendance at a post-secondary educational institution. Such | ||||||
13 | rights and privileges may also be exercised by the student at | ||||||
14 | any time with respect to the student's permanent school record. | ||||||
15 | "Personally identifiable information" means any data | ||||||
16 | concerning a student by which a student may be individually or | ||||||
17 | personally identified and includes, but is not limited to: | ||||||
18 | (1) the student's name; | ||||||
19 | (2) the name of the student's parent or other family | ||||||
20 | members; | ||||||
21 | (3) the address of the student or the student's family; | ||||||
22 | (4) a personal identifier, such as the student's social | ||||||
23 | security number, student number, or biometric information; | ||||||
24 | (5) other indirect identifiers, such as the student's | ||||||
25 | date of birth, place of birth, or mother's maiden name; | ||||||
26 | (6) other information that, alone or in combination, is |
| |||||||
| |||||||
1 | linked or linkable to a specific student and that would | ||||||
2 | allow a reasonable person in the school community who does | ||||||
3 | not have personal knowledge of the relevant circumstances | ||||||
4 | to identify the student with reasonable certainty; or | ||||||
5 | (7) information requested by a person whom a school | ||||||
6 | reasonably believes knows the identity of the student to | ||||||
7 | whom the school student record relates. | ||||||
8 | "Record" means any information maintained in any way, | ||||||
9 | including, but not limited to, electronically-generated data, | ||||||
10 | handwriting, print, computer media, video or audio tape, film, | ||||||
11 | microfilm, and microfiche. | ||||||
12 | "Research entity" means an accredited post-secondary | ||||||
13 | educational institution or an organization conducting research | ||||||
14 | for or on behalf of a school authority or the State Board. | ||||||
15 | "Research study" means the gathering of data, information, | ||||||
16 | and facts by a research entity for the advancement of | ||||||
17 | knowledge. | ||||||
18 | "School" means any preschool, day care center, | ||||||
19 | kindergarten, nursery, elementary or secondary educational | ||||||
20 | institution, vocational school, special education facility, or | ||||||
21 | other elementary or secondary educational agency or | ||||||
22 | institution that receives public funds, as well as any person, | ||||||
23 | agency, or institution that maintains school student records | ||||||
24 | from more than one school, but does not include a private or | ||||||
25 | non-public school. | ||||||
26 | "School authority" means any school board, school |
| |||||||
| |||||||
1 | district, board of directors, or other governing body of a | ||||||
2 | school established under the School Code or through any other | ||||||
3 | means. | ||||||
4 | "School student record" means any writing or other recorded | ||||||
5 | information concerning a student by which a student may be | ||||||
6 | individually or personally identified that is maintained by a | ||||||
7 | school or at its direction or by an employee of a school, | ||||||
8 | regardless of how or where the information is stored. Writings | ||||||
9 | or other recorded information maintained by an employee of a | ||||||
10 | school or other person at the direction of a school for his or | ||||||
11 | her exclusive use shall not be deemed school student records | ||||||
12 | under this Act; provided that all such writings and other | ||||||
13 | recorded information are destroyed not later than the student's | ||||||
14 | graduation or permanent withdrawal from the school and provided | ||||||
15 | further that no such records or recorded information may be | ||||||
16 | released or disclosed to any person except a person designated | ||||||
17 | by the school as a substitute, unless they are first | ||||||
18 | incorporated in a school student record and made subject to all | ||||||
19 | of the provisions of this Act. "School student record" does not | ||||||
20 | include information maintained by law enforcement | ||||||
21 | professionals working in the school. | ||||||
22 | "State Board" means the State Board of Education. | ||||||
23 | "Student" means any person enrolled or previously enrolled | ||||||
24 | in a school. | ||||||
25 | "Student permanent record" means the minimum personal | ||||||
26 | information necessary to a school in the education of a student |
| |||||||
| |||||||
1 | and contained in a school student record. Such information may | ||||||
2 | include the student's name, birth date, address, grades and | ||||||
3 | grade level, parents' names and addresses, and attendance | ||||||
4 | records and such other entries as the State Board may require | ||||||
5 | or authorize. | ||||||
6 | "Student temporary record" means all information contained | ||||||
7 | in a school student record but not contained in the student | ||||||
8 | permanent record. Such information may include family | ||||||
9 | background information, intelligence test scores, aptitude | ||||||
10 | test scores, psychological and personality test results, | ||||||
11 | teacher evaluations, and other information of clear relevance | ||||||
12 | to the education of the student, all subject to rules of the | ||||||
13 | State Board. The information shall include information | ||||||
14 | provided under Section 8.6 of the Abused and Neglected Child | ||||||
15 | Reporting Act and information regarding serious disciplinary | ||||||
16 | infractions that resulted in expulsion, suspension, or the | ||||||
17 | imposition of a punishment or sanction. For purposes of this | ||||||
18 | definition, "serious disciplinary infractions" means | ||||||
19 | infractions involving drugs, weapons, or bodily harm to | ||||||
20 | another. | ||||||
21 | (a) "Student" means any person enrolled or previously | ||||||
22 | enrolled in a school.
| ||||||
23 | (b) "School" means any public preschool, day care center,
| ||||||
24 | kindergarten, nursery, elementary or secondary educational | ||||||
25 | institution,
vocational school, special educational facility | ||||||
26 | or any other elementary or
secondary educational agency or |
| |||||||
| |||||||
1 | institution and any person, agency or
institution which | ||||||
2 | maintains school student records from more than one school,
but | ||||||
3 | does not include a private or non-public school.
| ||||||
4 | (c) "State Board" means the State Board of Education.
| ||||||
5 | (d) "School Student Record" means any writing or
other | ||||||
6 | recorded information concerning a student
and by which a | ||||||
7 | student may be individually identified,
maintained by a school | ||||||
8 | or at its direction or by an employee of a
school, regardless | ||||||
9 | of how or where the information is stored.
The following shall | ||||||
10 | not be deemed school student records under
this Act: writings | ||||||
11 | or other recorded information maintained by an
employee of a | ||||||
12 | school or other person at the direction of a school for his or
| ||||||
13 | her exclusive use; provided that all such writings and other | ||||||
14 | recorded
information are destroyed not later than the student's | ||||||
15 | graduation or permanent
withdrawal from the school; and | ||||||
16 | provided further that no such records or
recorded information | ||||||
17 | may be released or disclosed to any person except a person
| ||||||
18 | designated by the school as
a substitute unless they are first | ||||||
19 | incorporated
in a school student record and made subject to all | ||||||
20 | of the
provisions of this Act.
School student records shall not | ||||||
21 | include information maintained by
law enforcement | ||||||
22 | professionals working in the school.
| ||||||
23 | (e) "Student Permanent Record" means the minimum personal
| ||||||
24 | information necessary to a school in the education of the | ||||||
25 | student
and contained in a school student record. Such | ||||||
26 | information
may include the student's name, birth date, |
| |||||||
| |||||||
1 | address, grades
and grade level, parents' names and addresses, | ||||||
2 | attendance
records, and such other entries as the State Board | ||||||
3 | may
require or authorize.
| ||||||
4 | (f) "Student Temporary Record" means all information | ||||||
5 | contained in
a school student record but not contained in
the | ||||||
6 | student permanent record. Such information may include
family | ||||||
7 | background information, intelligence test scores, aptitude
| ||||||
8 | test scores, psychological and personality test results, | ||||||
9 | teacher
evaluations, and other information of clear relevance | ||||||
10 | to the
education of the student, all subject to regulations of | ||||||
11 | the State Board.
The information shall include information | ||||||
12 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
13 | Reporting Act.
In addition, the student temporary record shall | ||||||
14 | include information regarding
serious disciplinary infractions | ||||||
15 | that resulted in expulsion, suspension, or the
imposition of | ||||||
16 | punishment or sanction. For purposes of this provision, serious
| ||||||
17 | disciplinary infractions means: infractions involving drugs, | ||||||
18 | weapons, or bodily
harm to another.
| ||||||
19 | (g) "Parent" means a person who is the natural parent of | ||||||
20 | the
student or other person who has the primary responsibility | ||||||
21 | for the
care and upbringing of the student. All rights and | ||||||
22 | privileges accorded
to a parent under this Act shall become | ||||||
23 | exclusively those of the student
upon his 18th birthday, | ||||||
24 | graduation from secondary school, marriage
or entry into | ||||||
25 | military service, whichever occurs first. Such
rights and | ||||||
26 | privileges may also be exercised by the student
at any time |
| |||||||
| |||||||
1 | with respect to the student's permanent school record.
| ||||||
2 | (Source: P.A. 92-295, eff. 1-1-02.)
| ||||||
3 | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||||||
4 | Sec. 6. (a) No school student records or information
| ||||||
5 | contained therein may be released, transferred, disclosed or | ||||||
6 | otherwise
disseminated, except as follows:
| ||||||
7 | (1) to a parent or student or person specifically
| ||||||
8 | designated as a representative by a parent, as provided in | ||||||
9 | paragraph (a)
of Section 5;
| ||||||
10 | (2) to an employee or official of the school or
school | ||||||
11 | district or State Board with current demonstrable | ||||||
12 | educational
or administrative interest in the student, in | ||||||
13 | furtherance of such interest;
| ||||||
14 | (3) to the official records custodian of another school | ||||||
15 | within
Illinois or an official with similar | ||||||
16 | responsibilities of a school
outside Illinois, in which the | ||||||
17 | student has enrolled, or intends to enroll,
upon the | ||||||
18 | request of such official or student;
| ||||||
19 | (4) to any person for the purpose of research,
| ||||||
20 | statistical reporting, or planning, provided that such | ||||||
21 | research, statistical reporting, or planning is | ||||||
22 | permissible under and undertaken in accordance with the | ||||||
23 | federal Family Educational Rights and Privacy Act (20 | ||||||
24 | U.S.C. 1232g);
| ||||||
25 | (5) pursuant to a court order, provided that the
parent |
| |||||||
| |||||||
1 | shall be given prompt written notice upon receipt
of such | ||||||
2 | order of the terms of the order, the nature and
substance | ||||||
3 | of the information proposed to be released
in compliance | ||||||
4 | with such order and an opportunity to
inspect and copy the | ||||||
5 | school student records and to
challenge their contents | ||||||
6 | pursuant to Section 7;
| ||||||
7 | (6) to any person as specifically required by State
or | ||||||
8 | federal law;
| ||||||
9 | (6.5) to juvenile authorities
when necessary for the | ||||||
10 | discharge of their official duties
who request information | ||||||
11 | prior to
adjudication of the student and who certify in | ||||||
12 | writing that the information
will not be disclosed to any | ||||||
13 | other party except as provided under law or order
of court. | ||||||
14 | For purposes of this Section "juvenile authorities" means:
| ||||||
15 | (i) a judge of
the circuit court and members of the staff | ||||||
16 | of the court designated by the
judge; (ii) parties to the | ||||||
17 | proceedings under the Juvenile Court Act of 1987 and
their | ||||||
18 | attorneys; (iii) probation
officers and court appointed | ||||||
19 | advocates for the juvenile authorized by the judge
hearing | ||||||
20 | the case; (iv) any individual, public or private agency | ||||||
21 | having custody
of the child pursuant to court order; (v) | ||||||
22 | any individual, public or private
agency providing | ||||||
23 | education, medical or mental health service to the child | ||||||
24 | when
the requested information is needed to determine the | ||||||
25 | appropriate service or
treatment for the minor; (vi) any | ||||||
26 | potential placement provider when such
release
is |
| |||||||
| |||||||
1 | authorized by the court for the limited purpose of | ||||||
2 | determining the
appropriateness of the potential | ||||||
3 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
4 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
5 | authorized military
personnel; (x)
individuals authorized | ||||||
6 | by court;
| ||||||
7 | (7) subject to regulations of the State Board,
in | ||||||
8 | connection with an emergency, to appropriate persons
if the | ||||||
9 | knowledge of such information is necessary to protect
the | ||||||
10 | health or safety of the student or other
persons;
| ||||||
11 | (8) to any person, with the prior specific dated
| ||||||
12 | written consent of the parent designating the person
to | ||||||
13 | whom the records may be released, provided that at
the time | ||||||
14 | any such consent is requested or obtained,
the parent shall | ||||||
15 | be advised in writing that he has the right
to inspect and | ||||||
16 | copy such records in accordance with Section 5, to
| ||||||
17 | challenge their contents in accordance with Section 7 and | ||||||
18 | to limit any such
consent to
designated records or | ||||||
19 | designated portions of the information contained
therein;
| ||||||
20 | (9) to a governmental agency, or social service agency | ||||||
21 | contracted by a
governmental agency, in furtherance of an | ||||||
22 | investigation of a student's school
attendance pursuant to | ||||||
23 | the compulsory student attendance laws of this State,
| ||||||
24 | provided that the records are released to the employee or | ||||||
25 | agent designated by
the agency;
| ||||||
26 | (10) to those SHOCAP committee members who fall within |
| |||||||
| |||||||
1 | the meaning of
"state and local officials and authorities", | ||||||
2 | as those terms are used within the
meaning of the federal | ||||||
3 | Family Educational Rights and Privacy Act, for
the
purposes | ||||||
4 | of identifying serious habitual juvenile offenders and | ||||||
5 | matching those
offenders with community resources pursuant | ||||||
6 | to Section 5-145 of the Juvenile
Court Act of 1987, but | ||||||
7 | only to the extent that the release, transfer,
disclosure, | ||||||
8 | or dissemination is consistent with the Family Educational | ||||||
9 | Rights
and Privacy Act;
| ||||||
10 | (11) to the Department of Healthcare and Family | ||||||
11 | Services in furtherance of the
requirements of Section | ||||||
12 | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||||||
13 | Section 10 of the School Breakfast and Lunch
Program Act; | ||||||
14 | or
| ||||||
15 | (12) to the State Board or another State government | ||||||
16 | agency or between or among State government agencies in | ||||||
17 | order to evaluate or audit federal and State programs or | ||||||
18 | perform research and planning, but only to the extent that | ||||||
19 | the release, transfer, disclosure, or dissemination is | ||||||
20 | consistent with the federal Family Educational Rights and | ||||||
21 | Privacy Act (20 U.S.C. 1232g). | ||||||
22 | (a-5) Pursuant to subparagraph (4) of paragraph (a) of this | ||||||
23 | Section, a school authority or the State Board may provide | ||||||
24 | school student records to researchers at a research entity | ||||||
25 | conducting research for, or on behalf of, a school, school | ||||||
26 | authority, or the State Board if any such research is conducted |
| |||||||
| |||||||
1 | in accordance with the federal Family Educational Rights and | ||||||
2 | Privacy Act and does not take place until the following | ||||||
3 | requirements are complied with: | ||||||
4 | (1) For those school authorities that maintain a | ||||||
5 | website, the school authority shall maintain a webpage on | ||||||
6 | the website that contains a short description of all | ||||||
7 | current and scheduled research studies using personally | ||||||
8 | identifiable information obtained from the school | ||||||
9 | authority without obtaining consent from parents, | ||||||
10 | including the nature of each study, the categories of | ||||||
11 | students whose records will be used in each listed study, | ||||||
12 | and the names of all research entities involved in each | ||||||
13 | listed study. The school authority shall update the website | ||||||
14 | to include any new or approved research studies at least 3 | ||||||
15 | months but not more than 4 months after issuing the notice | ||||||
16 | described in subparagraph (3) of this paragraph (a-5) and | ||||||
17 | again at least 6 months but not more than 7 months after | ||||||
18 | issuing the notice described in subparagraph (3) of this | ||||||
19 | paragraph (a-5). | ||||||
20 | (2) For those school authorities that do not maintain a | ||||||
21 | website, the school authority shall provide the | ||||||
22 | information described in subparagraph (1) of this | ||||||
23 | paragraph (a-5) in the same notice required in subparagraph | ||||||
24 | (3) of this paragraph (a-5). The school authority shall | ||||||
25 | provide supplemental notices that include any new or | ||||||
26 | approved research studies at least 3 months but not more |
| |||||||
| |||||||
1 | than 4 months after issuing the notice described in | ||||||
2 | subparagraph (3) of this paragraph (a-5) and again at least | ||||||
3 | 6 months but not more than 7 months after issuing the | ||||||
4 | notice described in subparagraph (3) of this paragraph | ||||||
5 | (a-5). | ||||||
6 | (3) Prior to the beginning of each school year, the | ||||||
7 | school authority shall provide notice to parents, | ||||||
8 | guardians and eligible students regarding current and | ||||||
9 | scheduled research studies using personally identifiable | ||||||
10 | information obtained from the school authority without | ||||||
11 | obtaining consent from parents. The notice shall be sent by | ||||||
12 | the same means generally used to send notices to parent, | ||||||
13 | guardians, and eligible students and shall contain the | ||||||
14 | following: | ||||||
15 | (A) the general purposes of conducting the | ||||||
16 | educational research; | ||||||
17 | (B) the website address containing the information | ||||||
18 | described in subparagraph (1) of this paragraph (a-5), | ||||||
19 | if applicable, which website address shall also be set | ||||||
20 | forth in the school authority's student handbook; and | ||||||
21 | (C) that the State Board conducts research studies | ||||||
22 | and shall provide the website address for that part of | ||||||
23 | the State Board's website that contains a list of the | ||||||
24 | current and scheduled research studies to be | ||||||
25 | conducted. | ||||||
26 | (4) A written data use agreement that complies with the |
| |||||||
| |||||||
1 | federal Family Educational Rights and Privacy Act and its | ||||||
2 | accompanying regulations and, at a minimum, contains the | ||||||
3 | following provisions is entered into by and between the | ||||||
4 | party gaining access to the records of the school authority | ||||||
5 | or State Board and the entity with the legal authority to | ||||||
6 | permit the use of the data: | ||||||
7 | (A) The research entity has read, understands, and | ||||||
8 | will abide by all requirements of this paragraph (a-5). | ||||||
9 | (B) A statement of the purpose, scope, and duration | ||||||
10 | of the research study or studies, as well as a | ||||||
11 | description of the records to be used as part of the | ||||||
12 | study and the person or persons to whom the records | ||||||
13 | will be disclosed, provided that the list of persons to | ||||||
14 | whom the records may be disclosed may be amended from | ||||||
15 | time to time with the agreement of all parties to the | ||||||
16 | data use agreement. | ||||||
17 | (C) The research entity shall use school student | ||||||
18 | records only to meet the purpose or purposes of the | ||||||
19 | study as set forth in subdivision (B) of this | ||||||
20 | subparagraph (4). | ||||||
21 | (D) The research entity may only use records | ||||||
22 | containing personally identifiable information of a | ||||||
23 | student or by which a student may otherwise be | ||||||
24 | individually or personally identified: (i) to link | ||||||
25 | school student records of particular students to other | ||||||
26 | records of the same students or (ii) to identify |
| |||||||
| |||||||
1 | eligible students for research studies for which | ||||||
2 | written parental, guardian, or eligible student | ||||||
3 | consent will be obtained for participation and the | ||||||
4 | person or persons to whom such information will be | ||||||
5 | disclosed is set forth in the data use agreement. | ||||||
6 | (E) The research entity shall destroy all records | ||||||
7 | containing personally identifiable information of a | ||||||
8 | student or that otherwise individually or personally | ||||||
9 | identifies a student when the information is no longer | ||||||
10 | needed, but in no event later than 36 months after the | ||||||
11 | research study has been completed. | ||||||
12 | (F) The research entity shall certify in writing | ||||||
13 | that it has the capacity to and shall restrict access | ||||||
14 | to school student records to the person or persons set | ||||||
15 | forth in subdivision (b) of this subparagraph (4). | ||||||
16 | (G) The research entity shall certify in writing | ||||||
17 | that it shall maintain the security of all records | ||||||
18 | received pursuant to this paragraph (a-5) in | ||||||
19 | compliance with rules adopted by the State Board, which | ||||||
20 | rules shall be consistent and regularly updated to | ||||||
21 | comply with commonly accepted data-security practices, | ||||||
22 | including, but not limited to, those set forth by the | ||||||
23 | United States Department of Education Privacy | ||||||
24 | Technical Assistance Center. | ||||||
25 | (H) In compliance with the rules adopted pursuant | ||||||
26 | to subdivision (g) of this subparagraph (4) and any |
| |||||||
| |||||||
1 | other rules that may be necessary and adopted by the | ||||||
2 | State Board, the research entity shall develop, | ||||||
3 | implement, maintain, and use appropriate | ||||||
4 | administrative, technical, and physical security | ||||||
5 | measures to preserve the confidentiality and integrity | ||||||
6 | of all school student records. | ||||||
7 | (5) Research entities may only use records containing | ||||||
8 | personally identifiable information of a student or by | ||||||
9 | which a student may otherwise be personally or individually | ||||||
10 | identified: (i) to link school student records of | ||||||
11 | particular students to other records of the same students | ||||||
12 | or (ii) to identify eligible students for research studies | ||||||
13 | for which written parental, guardian, or eligible student | ||||||
14 | consent will be obtained for participation and the person | ||||||
15 | or persons to whom such information will be disclosed is | ||||||
16 | set forth in the data use agreement. | ||||||
17 | (6) The research entity shall use personally | ||||||
18 | identifiable information from school student records only | ||||||
19 | to meet the purpose or purposes of the research study or | ||||||
20 | studies as stated in the data use agreement described in | ||||||
21 | subparagraph (4). | ||||||
22 | (7) Any information by which a student may be | ||||||
23 | individually or personally identified shall be released, | ||||||
24 | transferred, disclosed, or otherwise disseminated only as | ||||||
25 | contemplated by the written data use agreement described in | ||||||
26 | subparagraph (4). |
| |||||||
| |||||||
1 | (8) All school student records shall have personally | ||||||
2 | identifiable information removed prior to analysis by the | ||||||
3 | research entity. | ||||||
4 | (9) The research entity shall implement and adhere to | ||||||
5 | policies and procedures that restrict access to records | ||||||
6 | that have personally identifiable information. | ||||||
7 | (A) The research entity shall designate an | ||||||
8 | individual to act as the custodian of the records with | ||||||
9 | personally identifiable information who is responsible | ||||||
10 | for restricting access to those records and provide the | ||||||
11 | name of that individual to the entity with the legal | ||||||
12 | authority to permit the use of the records. | ||||||
13 | (B) Any personally identifiable information used | ||||||
14 | to link school student records of particular students | ||||||
15 | to other records of the same students shall be securely | ||||||
16 | stored in a location separate and apart from the | ||||||
17 | location of the school student records that have had | ||||||
18 | personally identifiable data removed. | ||||||
19 | Nothing in this subparagraph (a-5) shall prohibit the State | ||||||
20 | Board or any school authority from providing personally | ||||||
21 | identifiable information about individual students to a | ||||||
22 | research entity pursuant to a specific, written agreement with | ||||||
23 | a school authority or State Board and in accordance with the | ||||||
24 | federal Family Educational Rights and Privacy Act, where | ||||||
25 | necessary for the school board or State Board to comply with | ||||||
26 | State or federal statutory mandates. |
| |||||||
| |||||||
1 | (b) No information may be released pursuant to subparagraph | ||||||
2 | (3) or
(6) of paragraph (a) of this Section 6 unless the parent | ||||||
3 | receives
prior written notice of the nature and substance of | ||||||
4 | the information
proposed to be released, and an opportunity to | ||||||
5 | inspect
and copy such records in accordance with Section 5 and | ||||||
6 | to
challenge their contents in accordance with Section 7. | ||||||
7 | Provided, however,
that such notice shall be sufficient if | ||||||
8 | published in a local newspaper of
general circulation or other | ||||||
9 | publication directed generally to the parents
involved where | ||||||
10 | the proposed release of information is pursuant to
subparagraph | ||||||
11 | (6) of paragraph (a) of this Section 6 and relates to more
than | ||||||
12 | 25 students.
| ||||||
13 | (c) A record of any release of information pursuant
to this | ||||||
14 | Section must be made and kept as a part of the
school student | ||||||
15 | record and subject to the access granted by Section 5.
Such | ||||||
16 | record of release shall be maintained for the life of the
| ||||||
17 | school student records and shall be available only to the | ||||||
18 | parent
and the official records custodian.
Each record of | ||||||
19 | release shall also include:
| ||||||
20 | (1) the nature and substance of the information | ||||||
21 | released;
| ||||||
22 | (2) the name and signature of the official records
| ||||||
23 | custodian releasing such information;
| ||||||
24 | (3) the name of the person requesting such information,
| ||||||
25 | the capacity in which such a request has been made, and the | ||||||
26 | purpose of such
request;
|
| |||||||
| |||||||
1 | (4) the date of the release; and
| ||||||
2 | (5) a copy of any consent to such release.
| ||||||
3 | (d) Except for the student and his parents, no person
to | ||||||
4 | whom information is released pursuant to this Section
and no | ||||||
5 | person specifically designated as a representative by a parent
| ||||||
6 | may permit any other person to have access to such information | ||||||
7 | without a prior
consent of the parent obtained in accordance | ||||||
8 | with the requirements
of subparagraph (8) of paragraph (a) of | ||||||
9 | this Section.
| ||||||
10 | (e) Nothing contained in this Act shall prohibit the
| ||||||
11 | publication of student directories which list student names, | ||||||
12 | addresses
and other identifying information and similar | ||||||
13 | publications which
comply with regulations issued by the State | ||||||
14 | Board.
| ||||||
15 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
16 | (105 ILCS 10/9) (from Ch. 122, par. 50-9)
| ||||||
17 | Sec. 9.
(a) Any person aggrieved by any violation of
this | ||||||
18 | Act may institute an action for injunctive relief in the | ||||||
19 | Circuit
Court of the County in which the violation has occurred | ||||||
20 | or the Circuit
Court of the County in which the school is | ||||||
21 | located.
| ||||||
22 | (b) Any person injured by a wilful or negligent violation | ||||||
23 | of
this Act may institute an action for damages in the Circuit | ||||||
24 | Court of the
County in which the violation has occurred or the | ||||||
25 | Circuit Court of the
County in which the school is located.
|
| |||||||
| |||||||
1 | (c) In the case of any successful action under paragraph | ||||||
2 | (a) or
(b) of this Section, any person or school found to have | ||||||
3 | wilfully
or negligently violated any provision of this Act is | ||||||
4 | liable to the
plaintiff for the plaintiff's damages, the costs | ||||||
5 | of the action and
reasonable attorneys' fees, as determined by | ||||||
6 | the Court.
| ||||||
7 | (d) Actions for injunctive relief to secure compliance
with | ||||||
8 | this Act may be brought by the State Board, by the State's
| ||||||
9 | Attorney of the County in which the alleged violation has | ||||||
10 | occurred or the
State's Attorney of the County in which the | ||||||
11 | school is located, in each
case in the Circuit Court of such | ||||||
12 | County.
| ||||||
13 | (e) Wilful failure to comply with any Section of this Act
| ||||||
14 | is a petty offense; except that any person who wilfully and | ||||||
15 | maliciously
falsifies any school student record, student | ||||||
16 | permanent record or student
temporary record shall be guilty of | ||||||
17 | a Class A misdemeanor.
| ||||||
18 | (f) Absent proof of malice, no cause of action or claim for | ||||||
19 | relief,
civil or criminal, may be maintained against any | ||||||
20 | school, or employee or
official of a school or person acting at | ||||||
21 | the direction of a school for
any statement made or judgment | ||||||
22 | expressed in any entry to a school student
record of a type | ||||||
23 | which does not violate this Act or the regulations
issued by | ||||||
24 | the State Board pursuant to this Act; provided that this
| ||||||
25 | paragraph (f) does not limit or deny any defense available
| ||||||
26 | under existing law.
|
| |||||||
| |||||||
1 | (g) In addition to any other penalties and remedies | ||||||
2 | provided by this Section, any research entity that is found in | ||||||
3 | any civil, criminal, or administrative proceeding authorized | ||||||
4 | by this Section to have violated the requirements of paragraph | ||||||
5 | (a-5) of Section 6 of this Act shall immediately cease | ||||||
6 | conducting any research that utilizes school student records | ||||||
7 | and shall be prohibited from conducting additional research | ||||||
8 | studies based on such records and information for a period of | ||||||
9 | 12 months after the date of the discovery of the violation. | ||||||
10 | (h) In addition to any other penalties and remedies | ||||||
11 | provided by this Section, any school authority that is found in | ||||||
12 | any civil, criminal, or administrative proceeding authorized | ||||||
13 | by this Section to have violated the requirements of paragraph | ||||||
14 | (a-5) of Section 6 of this Act shall be prohibited from | ||||||
15 | entering into a data use agreement with any research entity for | ||||||
16 | a period of 12 months after the date of the discovery of the | ||||||
17 | violation, and all existing data use agreements governed by | ||||||
18 | paragraph (a-5) of Section 6 of this Act shall be voided. | ||||||
19 | (Source: P.A. 84-712.)
| ||||||
20 | Section 15. The Children's Privacy Protection and Parental | ||||||
21 | Empowerment Act is amended by changing Section 5 as follows:
| ||||||
22 | (325 ILCS 17/5)
| ||||||
23 | Sec. 5. Definitions. As used in this Act:
| ||||||
24 | "Child" means a person under the age of 18 16 . "Child" does |
| |||||||
| |||||||
1 | not include a minor
emancipated by operation of law.
| ||||||
2 | "Parent" means a parent, step-parent, or legal guardian.
| ||||||
3 | "Personal information" means any of the following:
| ||||||
4 | (1) A person's name.
| ||||||
5 | (2) A person's address.
| ||||||
6 | (3) A person's telephone number.
| ||||||
7 | (4) A person's driver's license number or State of | ||||||
8 | Illinois identification
card as
assigned by the Illinois | ||||||
9 | Secretary of State or by a similar agency of another
state.
| ||||||
10 | (5) A person's social security number.
| ||||||
11 | (6) Any other information that can be used to locate or | ||||||
12 | contact a specific
individual.
| ||||||
13 | "Personal information" does not include any of the
| ||||||
14 | following:
| ||||||
15 | (1) Public records as defined by Section 2 of the | ||||||
16 | Freedom of Information
Act.
| ||||||
17 | (2) Court records.
| ||||||
18 | (3) Information found in publicly available sources, | ||||||
19 | including newspapers,
magazines, and telephone | ||||||
20 | directories.
| ||||||
21 | (4) Any other information that is not known to concern | ||||||
22 | a child.
| ||||||
23 | (Source: P.A. 93-462, eff. 1-1-04.)".
|