Full Text of HB5188 95th General Assembly
HB5188 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5188
Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
|
105 ILCS 10/2 |
from Ch. 122, par. 50-2 |
105 ILCS 10/5 |
from Ch. 122, par. 50-5 |
105 ILCS 10/5.5 new |
|
30 ILCS 805/8.32 new |
|
|
Amends the Illinois School Student Records Act. Provides that a confidential communication made by a student 12 years of age or older or by a parent or a guardian of a student who is 12 years of age or older must not be disclosed without the voluntary written consent of the person who originally disclosed the information. Provides that a confidential communication made by a student under the age of 12 years may be disclosed to the parent or guardian of the student. Sets forth requirements concerning the consent. Provides that a confidential communication must not become part of the school student record without express written consent. Sets forth the circumstances under which a confidential communication may be disclosed without
voluntary written consent. Provides that any person participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of information contained in a confidential communication under the Illinois School Student Records Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such action, except in cases of willful or wanton misconduct.
Makes related changes. Amends the State Mandates Act to require implementation without reimbursement.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB5188 |
|
LRB095 15561 NHT 41560 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois School Student Records Act is | 5 |
| amended by changing Sections 2 and 5 and by adding Section 5.5 | 6 |
| as follows:
| 7 |
| (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 8 |
| Sec. 2. As used in this Act,
| 9 |
| (a) "Student" means any person enrolled or previously | 10 |
| enrolled in a school.
| 11 |
| (b) "School" means any public preschool, day care center,
| 12 |
| kindergarten, nursery, elementary or secondary educational | 13 |
| institution,
vocational school, special educational facility | 14 |
| or any other elementary or
secondary educational agency or | 15 |
| institution and any person, agency or
institution which | 16 |
| maintains school student records from more than one school,
but | 17 |
| does not include a private or non-public school.
| 18 |
| (c) "State Board" means the State Board of Education.
| 19 |
| (d) "School Student Record" means any writing or
other | 20 |
| recorded information concerning a student
and by which a | 21 |
| student may be individually identified,
maintained by a school | 22 |
| or at its direction or by an employee of a
school, regardless | 23 |
| of how or where the information is stored.
The following shall |
|
|
|
HB5188 |
- 2 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| not be deemed school student records under
this Act: writings | 2 |
| or other recorded information maintained by an
employee of a | 3 |
| school or other person at the direction of a school for his or
| 4 |
| her exclusive use; provided that all such writings and other | 5 |
| recorded
information are destroyed not later than the student's | 6 |
| graduation or permanent
withdrawal from the school; and | 7 |
| provided further that no such records or
recorded information | 8 |
| may be released or disclosed to any person except a person
| 9 |
| designated by the school as
a substitute unless they are first | 10 |
| incorporated
in a school student record and made subject to all | 11 |
| of the
provisions of this Act.
Except as otherwise provided in | 12 |
| this Act, school
School student records shall not include a | 13 |
| confidential communication or information maintained by
law | 14 |
| enforcement professionals working in the school.
| 15 |
| (e) "Student Permanent Record" means the minimum personal
| 16 |
| information necessary to a school in the education of the | 17 |
| student
and contained in a school student record. Such | 18 |
| information
may include the student's name, birth date, | 19 |
| address, grades
and grade level, parents' names and addresses, | 20 |
| attendance
records, and such other entries as the State Board | 21 |
| may
require or authorize.
| 22 |
| (f) "Student Temporary Record" means all information | 23 |
| contained in
a school student record but not contained in
the | 24 |
| student permanent record. Such information may include
family | 25 |
| background information, intelligence test scores, aptitude
| 26 |
| test scores, psychological and personality test results, |
|
|
|
HB5188 |
- 3 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| teacher
evaluations, and other information of clear relevance | 2 |
| to the
education of the student, all subject to regulations of | 3 |
| the State Board.
The information shall include information | 4 |
| provided under Section 8.6 of the
Abused and Neglected Child | 5 |
| Reporting Act.
In addition, the student temporary record shall | 6 |
| include information regarding
serious disciplinary infractions | 7 |
| that resulted in expulsion, suspension, or the
imposition of | 8 |
| punishment or sanction. For purposes of this provision, serious
| 9 |
| disciplinary infractions means: infractions involving drugs, | 10 |
| weapons, or bodily
harm to another.
| 11 |
| (g) "Parent" means a person who is the natural parent of | 12 |
| the
student or other person who has the primary responsibility | 13 |
| for the
care and upbringing of the student. All rights and | 14 |
| privileges accorded
to a parent under this Act shall become | 15 |
| exclusively those of the student
upon his 18th birthday, | 16 |
| graduation from secondary school, marriage
or entry into | 17 |
| military service, whichever occurs first. Such
rights and | 18 |
| privileges may also be exercised by the student
at any time | 19 |
| with respect to the student's permanent school record.
| 20 |
| (h) "Confidential Communication" means the following: | 21 |
| (1) a communication otherwise protected by law as | 22 |
| privileged or confidential, including, but not limited to, | 23 |
| information communicated in confidence to a physician, | 24 |
| psychologist, or other psychotherapist; | 25 |
| (2) information communicated by a student or by a | 26 |
| parent or guardian of a student in confidence to a school |
|
|
|
HB5188 |
- 4 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| social worker, a school counselor, a school psychologist, | 2 |
| or an intern working under the direct supervision of a | 3 |
| school social worker, school counselor, or school | 4 |
| psychologist or to other school personnel; | 5 |
| (3) information communicated by a student or by a | 6 |
| parent or guardian of a student to a law enforcement | 7 |
| professional working in the school, except as provided by | 8 |
| court order; or | 9 |
| (4) information communicated to a school social | 10 |
| worker, school psychologist, or school counselor or to an | 11 |
| intern under the direct supervision of a school social | 12 |
| worker, school psychologist, or school counselor that is so | 13 |
| personal or sensitive in nature that it is presumed to have | 14 |
| been given in confidence because its disclosure may clearly | 15 |
| put the student at imminent risk of serious physical or | 16 |
| emotional harm.
| 17 |
| (Source: P.A. 92-295, eff. 1-1-02.)
| 18 |
| (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| 19 |
| Sec. 5. (a) A parent or any person specifically designated | 20 |
| as
a representative by a parent shall have the right to inspect | 21 |
| and
copy all school student permanent and temporary records of | 22 |
| that
parent's child. A student shall have the right to inspect | 23 |
| and copy
his or her school student permanent record. No person | 24 |
| who is prohibited
by an order of protection from inspecting or | 25 |
| obtaining school records of a
student pursuant to the Illinois |
|
|
|
HB5188 |
- 5 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| Domestic Violence Act of 1986, as now or
hereafter amended, | 2 |
| shall have any right of access to, or inspection of, the
school | 3 |
| records of that student. If a school's principal or person with
| 4 |
| like responsibilities or his designee has knowledge of such | 5 |
| order of
protection, the school shall prohibit access or | 6 |
| inspection of the student's
school records by such person.
| 7 |
| (b) Whenever access to any person is granted pursuant
to | 8 |
| paragraph (a) of this Section, at the option of either the | 9 |
| parent or the school
a qualified professional, who may be a | 10 |
| psychologist, counsellor or
other advisor, and who may be an | 11 |
| employee of the school or employed
by the parent, may be | 12 |
| present to interpret the information contained
in the student | 13 |
| temporary record. If the school requires that a
professional be | 14 |
| present, the school shall secure and bear any cost of the
| 15 |
| presence of the professional. If the parent so requests, the | 16 |
| school
shall secure and bear any cost of the presence of a | 17 |
| professional
employed by the school.
| 18 |
| (c) A parent's or student's request to inspect and copy | 19 |
| records,
or to allow a specifically designated representative | 20 |
| to inspect and
copy records, must be granted within a | 21 |
| reasonable time, and in no case later
than 15 school days after | 22 |
| the date of receipt of such request by the
official records | 23 |
| custodian.
| 24 |
| (d) The school may charge its reasonable costs for the
| 25 |
| copying of school student records, not to exceed the amounts | 26 |
| fixed
in schedules adopted by the State Board, to any person |
|
|
|
HB5188 |
- 6 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| permitted
to copy such records, except that no parent or | 2 |
| student shall be
denied a copy of school student records as | 3 |
| permitted under this
Section 5 for inability to bear the cost | 4 |
| of such copying.
| 5 |
| (e) Nothing contained in this Section 5 shall make
| 6 |
| available to a parent or student confidential letters and
| 7 |
| statements of recommendation furnished in connection with
| 8 |
| applications for employment to a post-secondary educational
| 9 |
| institution or the receipt of an honor or honorary recognition,
| 10 |
| provided such letters and statements are not used for purposes
| 11 |
| other than those for which they were specifically intended, and
| 12 |
| (1) were placed in a school student record
prior to | 13 |
| January 1, 1975; or
| 14 |
| (2) the student has waived access thereto after
being | 15 |
| advised of his right to obtain upon request the names
of | 16 |
| all such persons making such confidential recommendations.
| 17 |
| (f) (Blank).
Nothing contained in this Act shall be | 18 |
| construed to
impair or limit the confidentiality of:
| 19 |
| (1) Communications otherwise protected by law
as | 20 |
| privileged or confidential, including but not limited to,
| 21 |
| information communicated in confidence to a physician, | 22 |
| psychologist or other
psychotherapist; or
| 23 |
| (2) Information which is communicated by a student
or | 24 |
| parent in confidence to school personnel; or
| 25 |
| (3) Information which is communicated by a student, | 26 |
| parent, or guardian to
a law enforcement professional |
|
|
|
HB5188 |
- 7 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| working in the school, except as provided by
court order.
| 2 |
| (Source: P.A. 90-590, eff. 1-1-00.)
| 3 |
| (105 ILCS 10/5.5 new) | 4 |
| Sec. 5.5. Confidentiality. | 5 |
| (a) A confidential communication made by a student 12 years | 6 |
| of age or older or by a parent or a guardian of a student who is | 7 |
| 12 years of age or older must not be disclosed without the | 8 |
| voluntary written consent of the person who originally | 9 |
| disclosed the information. A confidential communication made | 10 |
| by a student under the age of 12 years may be disclosed to the | 11 |
| parent or guardian of the student. The consent shall state the | 12 |
| scope of the permissible disclosure and must be signed by the | 13 |
| person granting the consent, dated, and witnessed. A | 14 |
| confidential communication must not become part of the school | 15 |
| student record without the express written consent of the | 16 |
| person who originally disclosed the information or, in the case | 17 |
| of a student under the age of 12 years, by express written | 18 |
| consent of the parent or guardian of the student. | 19 |
| (b) A confidential communication may be disclosed without
| 20 |
| voluntary written consent, notwithstanding subsection (a) of | 21 |
| this Section, only as follows: | 22 |
| (1) In discussion with a therapist, a health care | 23 |
| provider, or school service personnel for the sole purpose | 24 |
| of and to the extent necessary for referring the student | 25 |
| for treatment or services. |
|
|
|
HB5188 |
- 8 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| (2) In accordance with the provisions of the Abused and | 2 |
| Neglected Child Reporting Act. | 3 |
| (3) When disclosure is necessary to avert a clear | 4 |
| imminent risk of serious physical or mental injury, | 5 |
| disease, or death upon the person who originally disclosed | 6 |
| the information, upon other persons in the school community | 7 |
| (including administrators, teachers, other school | 8 |
| personnel, parents, and students), or upon other persons, | 9 |
| information may be disclosed to law enforcement officials, | 10 |
| the school administration, an individual who is in imminent | 11 |
| danger, or, if the individual who is in imminent danger is | 12 |
| a minor, to the parent or guardian of that individual. | 13 |
| (4) When directed by a court order to testify in a | 14 |
| court of law or administrative hearing about a confidential | 15 |
| communication. | 16 |
| (c) Any person participating in good faith in the making of | 17 |
| a report under the Abused and Neglected Child Reporting Act or | 18 |
| in the disclosure of information contained in a confidential | 19 |
| communication under this Act shall have immunity from | 20 |
| liability, civil, criminal, or otherwise, that might result by | 21 |
| reason of such action, except in cases of willful or wanton | 22 |
| misconduct. For the purpose of any proceeding, civil or | 23 |
| criminal, arising out of a disclosure of information, the good | 24 |
| faith of a person making such a disclosure shall be presumed.
| 25 |
| Section 90. The State Mandates Act is amended by adding |
|
|
|
HB5188 |
- 9 - |
LRB095 15561 NHT 41560 b |
|
| 1 |
| Section 8.32 as follows: | 2 |
| (30 ILCS 805/8.32 new)
| 3 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this Act, no reimbursement by the State is required for the | 5 |
| implementation of any mandate created by this amendatory Act of | 6 |
| the 95th General Assembly.
|
|