093_SB0490sam001

 










                                     LRB093 10639 NHT 12420 a

 1                    AMENDMENT TO SENATE BILL 490

 2        AMENDMENT NO.     .  Amend Senate Bill 490 as follows:
 3    on page 1, line  23,  after  the  period,  by  inserting  the
 4    following:
 5    "The  State  Board  of  Education may not adopt any rule that
 6    would prohibit a child from receiving any form of subsidy  or
 7    benefit  due  to  his  or  her parent or guardian withholding
 8    consent under Section 22-35 of this Code."; and

 9    on page 3, line 11, by replacing "34-18.22" with  "34-18.26";
10    and

11    on  page  3,  line  14,  after  the  period, by inserting the
12    following:
13    "The Department of Public  Aid  may  not  seek  any  punitive
14    action  against  or  withhold  any benefit or subsidy from an
15    applicant for a  free  or  reduced-price  lunch  due  to  the
16    applicant's  parent  or legal guardian withholding consent.";
17    and

18    on page  4,  immediately  below  line  3,  by  inserting  the
19    following:

20        "Section  7.   The Illinois School Student Records Act is
21    amended by changing Section 6 as follows:
 
                            -2-      LRB093 10639 NHT 12420 a
 1        (105 ILCS 10/6) (from Ch. 122, par. 50-6)
 2        Sec. 6.  (a)  No school student  records  or  information
 3    contained  therein may be released, transferred, disclosed or
 4    otherwise disseminated, except as follows:
 5             (1)  To a parent or student or  person  specifically
 6        designated  as  a representative by a parent, as provided
 7        in paragraph (a) of Section 5;
 8             (2)  To an employee or official  of  the  school  or
 9        school  district or State Board with current demonstrable
10        educational or administrative interest in the student, in
11        furtherance of such interest;
12             (3)  To the official records  custodian  of  another
13        school  within  Illinois  or  an  official  with  similar
14        responsibilities  of  a school outside Illinois, in which
15        the student has enrolled, or intends to enroll, upon  the
16        request of such official or student;
17             (4)  To  any  person  for  the  purpose of research,
18        statistical  reporting  or  planning,  provided  that  no
19        student or parent can be identified from the  information
20        released  and  the  person  to  whom  the  information is
21        released signs an affidavit agreeing to comply  with  all
22        applicable   statutes  and  rules  pertaining  to  school
23        student records;
24             (5)  Pursuant to a court order,  provided  that  the
25        parent  shall be given prompt written notice upon receipt
26        of such order of the terms of the order, the  nature  and
27        substance  of  the information proposed to be released in
28        compliance with such order and an opportunity to  inspect
29        and  copy  the  school  student  records and to challenge
30        their contents pursuant to Section 7;
31             (6)  To any person as specifically required by State
32        or federal law;
33             (6.5)  To juvenile authorities  when  necessary  for
34        the  discharge  of  their  official  duties  who  request
 
                            -3-      LRB093 10639 NHT 12420 a
 1        information  prior to adjudication of the student and who
 2        certify in writing  that  the  information  will  not  be
 3        disclosed to any other party except as provided under law
 4        or   order  of  court.   For  purposes  of  this  Section
 5        "juvenile authorities" means: (i) a judge of the  circuit
 6        court and members of the staff of the court designated by
 7        the  judge;  (ii)  parties  to  the proceedings under the
 8        Juvenile Court Act of 1987  and  their  attorneys;  (iii)
 9        probation  officers and court appointed advocates for the
10        juvenile authorized by the judge hearing the case;   (iv)
11        any  individual,  public or private agency having custody
12        of the child pursuant to court order; (v) any individual,
13        public or private agency providing education, medical  or
14        mental  health  service  to  the child when the requested
15        information  is  needed  to  determine  the   appropriate
16        service  or  treatment  for the minor; (vi) any potential
17        placement provider when such release is authorized by the
18        court  for  the  limited  purpose  of   determining   the
19        appropriateness  of  the  potential  placement; (vii) law
20        enforcement officers and prosecutors;  (viii)  adult  and
21        juvenile prisoner review boards; (ix) authorized military
22        personnel; (x) individuals authorized by court;
23             (7)  Subject  to  regulations of the State Board, in
24        connection with an emergency, to appropriate  persons  if
25        the knowledge of such information is necessary to protect
26        the health or safety of the student or other persons;
27             (8)  To  any  person,  with the prior specific dated
28        written consent of the parent designating the  person  to
29        whom  the  records  may be released, provided that at the
30        time any such  consent  is  requested  or  obtained,  the
31        parent  shall be advised in writing that he has the right
32        to inspect and  copy  such  records  in  accordance  with
33        Section 5, to challenge their contents in accordance with
34        Section  7  and  to  limit any such consent to designated
 
                            -4-      LRB093 10639 NHT 12420 a
 1        records  or  designated  portions  of   the   information
 2        contained therein;
 3             (9)  To  a  governmental  agency,  or social service
 4        agency  contracted   by   a   governmental   agency,   in
 5        furtherance  of  an  investigation  of a student's school
 6        attendance pursuant to the compulsory student  attendance
 7        laws  of  this  State,  provided  that  the  records  are
 8        released  to  the  employee  or  agent  designated by the
 9        agency; or
10             (10)  To those SHOCAP  committee  members  who  fall
11        within  the  meaning  of  "state  and local officials and
12        authorities", as those terms are used within the  meaning
13        of the federal Family Educational Rights and Privacy Act,
14        for the purposes of identifying serious habitual juvenile
15        offenders  and  matching  those  offenders with community
16        resources pursuant to Section 5-145 of the Juvenile Court
17        Act of 1987, but only to the  extent  that  the  release,
18        transfer, disclosure, or dissemination is consistent with
19        the Family Educational Rights and Privacy Act; or.
20             (11)  To the Department of Public Aid in furtherance
21        of  the  requirements of Section 2-3.131, 3-14.29, 10-28,
22        or 34-18.26 of the School  Code  or  Section  10  of  the
23        School Breakfast and Lunch Program Act.
24        (b)  No   information   may   be   released  pursuant  to
25    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
26    unless the parent receives prior written notice of the nature
27    and substance of the information proposed to be released, and
28    an opportunity to inspect and copy such records in accordance
29    with  Section 5 and to challenge their contents in accordance
30    with Section 7.  Provided, however, that such notice shall be
31    sufficient if published  in  a  local  newspaper  of  general
32    circulation  or  other  publication directed generally to the
33    parents involved where the proposed release of information is
34    pursuant to subparagraph 6 of paragraph (a) in this Section 6
 
                            -5-      LRB093 10639 NHT 12420 a
 1    and relates to more than 25 students.
 2        (c)  A record of any release of information  pursuant  to
 3    this  Section  must  be made and kept as a part of the school
 4    student record and subject to the access granted  by  Section
 5    5. Such record of release shall be maintained for the life of
 6    the school student records and shall be available only to the
 7    parent  and  the  official  records custodian. Each record of
 8    release shall also include:
 9             (1)  The nature and  substance  of  the  information
10        released;
11             (2)  The  name and signature of the official records
12        custodian releasing such information;
13             (3)  The  name  of  the   person   requesting   such
14        information,  the  capacity  in  which such a request has
15        been made, and the purpose of such request;
16             (4)  The date of the release; and
17             (5)  A copy of any consent to such release.
18        (d)  Except for the student and his parents, no person to
19    whom information is released pursuant to this Section and  no
20    person  specifically  designated  as  a  representative  by a
21    parent may permit any other person to  have  access  to  such
22    information without a prior consent of the parent obtained in
23    accordance  with  the  requirements  of  subparagraph  (8) of
24    paragraph (a) of this Section.
25        (e)  Nothing contained in this  Act  shall  prohibit  the
26    publication  of student directories which list student names,
27    addresses  and  other  identifying  information  and  similar
28    publications which comply  with  regulations  issued  by  the
29    State Board.
30    (Source:  P.A.  90-566,  eff.  1-2-98;  90-590,  eff. 1-1-00;
31    91-357, eff. 7-29-99; 91-665, eff. 12-22-99.)".