HB3685 101ST GENERAL ASSEMBLY

LRB101 10598 AXK 55704 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3685

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.176 new

Amends the School Code. Provides that the State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian. Provides that, subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Provides that any information collected, whether written or oral, must be kept confidential, with exceptions. Provides for legislative findings.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Section 2-3.176 as follows:

(105 ILCS 5/2-3.176 new)

Sec. 2-3.176. Federal Family Educational Rights and Privacy Act of 1974; policies.

(a) The General Assembly finds and declares all of the following:

(1) The privacy of Illinois citizens is of the utmost importance, and protecting their privacy is a top priority for the lawmakers of this State.

(2) It is imperative that personal information stay confidential unless otherwise chosen to be disclosed on an individual basis.

(3) The privacy of our children is critically important, especially the privacy of any student data and any information collected in educational settings, including day care, home-visiting programs, prevention initiatives, after-school programs, early intervention programs, preschool, and a student's kindergarten through grade 12 educational experience.

(4) Schools and educational settings are safe environments, and an important component of maintaining security is ensuring family privacy and protecting student data.

(b) The State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian.

(c) Subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Any information collected under this subsection, whether written or oral, must be kept confidential, except in the case of either of the following:

(1) If the disclosure is to comply with a judicial order or lawfully issued subpoena or is in connection with a health or safety emergency.

(2) If the student or the student's parent or guardian provides written consent for the disclosure.