Full Text of HB0811 99th General Assembly
HB0811ham001 99TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 4/7/2015
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| 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 Illinois School Student Records Act is | 5 | | amended by changing Sections 2 and 6 as follows:
| 6 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 7 | | Sec. 2.
As used in this Act,
| 8 | | (a) "Student" means any person enrolled or previously | 9 | | enrolled in a school.
| 10 | | (b) "School" means any public preschool, day care center,
| 11 | | kindergarten, nursery, elementary or secondary educational | 12 | | institution,
vocational school, special educational facility | 13 | | or any other elementary or
secondary educational agency or | 14 | | institution and any person, agency or
institution which | 15 | | maintains school student records from more than one school,
but | 16 | | does not include a private or non-public school.
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| 1 | | (c) "State Board" means the State Board of Education.
| 2 | | (d) "School Student Record" means any writing or
other | 3 | | recorded information concerning a student
and by which a | 4 | | student may be individually or personally identified,
| 5 | | maintained by a school or at its direction or by an employee of | 6 | | a
school, regardless of how or where the information is stored. | 7 | | The following shall not be deemed school student records under
| 8 | | this Act: writings or other recorded information maintained by | 9 | | an
employee of a school or other person at the direction of a | 10 | | school for his or
her exclusive use; provided that all such | 11 | | writings and other recorded
information are destroyed not later | 12 | | than the student's graduation or permanent
withdrawal from the | 13 | | school; and provided further that no such records or
recorded | 14 | | information may be released or disclosed to any person except a | 15 | | person
designated by the school as
a substitute unless they are | 16 | | first incorporated
in a school student record and made subject | 17 | | to all of the
provisions of this Act.
School student records | 18 | | shall not include information maintained by
law enforcement | 19 | | professionals working in the school.
| 20 | | (e) "Student Permanent Record" means the minimum personal
| 21 | | information necessary to a school in the education of the | 22 | | student
and contained in a school student record. Such | 23 | | information
may include the student's name, birth date, | 24 | | address, grades
and grade level, parents' names and addresses, | 25 | | attendance
records, and such other entries as the State Board | 26 | | may
require or authorize.
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| 1 | | (f) "Student Temporary Record" means all information | 2 | | contained in
a school student record but not contained in
the | 3 | | student permanent record. Such information may include
family | 4 | | background information, intelligence test scores, aptitude
| 5 | | test scores, psychological and personality test results, | 6 | | teacher
evaluations, and other information of clear relevance | 7 | | to the
education of the student, all subject to regulations of | 8 | | the State Board.
The information shall include information | 9 | | provided under Section 8.6 of the
Abused and Neglected Child | 10 | | Reporting Act.
In addition, the student temporary record shall | 11 | | include information regarding
serious disciplinary infractions | 12 | | that resulted in expulsion, suspension, or the
imposition of | 13 | | punishment or sanction. For purposes of this provision, serious
| 14 | | disciplinary infractions means: infractions involving drugs, | 15 | | weapons, or bodily
harm to another.
| 16 | | (g) "Parent" means a person who is the natural parent of | 17 | | the
student or other person who has the primary responsibility | 18 | | for the
care and upbringing of the student. All rights and | 19 | | privileges accorded
to a parent under this Act shall become | 20 | | exclusively those of the student
upon his 18th birthday, | 21 | | graduation from secondary school, marriage
or entry into | 22 | | military service, whichever occurs first. Such
rights and | 23 | | privileges may also be exercised by the student
at any time | 24 | | with respect to the student's permanent school record.
| 25 | | (h) "Eligible Student" means a student who has reached 18 | 26 | | years of age. |
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| 1 | | (i) "School Board" means any school board, board of | 2 | | directors, or any other governing body established under the | 3 | | School Code. | 4 | | (j) "Personally identifiable information" means: | 5 | | (1) the student's name; | 6 | | (2) the name of the student's parent or guardian or | 7 | | other family members; | 8 | | (3) the address of the student or student's family; | 9 | | (4) a personal identifier, such as the student's social | 10 | | security number, student number, or biometric record; | 11 | | (5) other indirect identifiers, such as the student's | 12 | | date of birth, place of birth, and mother's maiden name; | 13 | | (6) other information that, alone or in combination, is | 14 | | linked or linkable to a specific student and that would | 15 | | allow a reasonable person in the school community, who does | 16 | | not have personal knowledge of the relevant circumstances, | 17 | | to identify the student with reasonable certainty; or | 18 | | (7) information requested by a person who an | 19 | | educational agency or institution reasonably believes | 20 | | knows the identity of the student to whom the education | 21 | | record relates. | 22 | | (Source: P.A. 92-295, eff. 1-1-02.)
| 23 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 24 | | Sec. 6. (a) No school student records or information
| 25 | | contained therein may be released, transferred, disclosed or |
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| 1 | | otherwise
disseminated, except as follows:
| 2 | | (1) to To a parent or student or person specifically
| 3 | | designated as a representative by a parent, as provided in | 4 | | paragraph (a)
of Section 5;
| 5 | | (2) to To an employee or official of the school or
| 6 | | school district or State Board with current demonstrable | 7 | | educational
or administrative interest in the student, in | 8 | | furtherance of such interest;
| 9 | | (3) to To the official records custodian of another | 10 | | school within
Illinois or an official with similar | 11 | | responsibilities of a school
outside Illinois, in which the | 12 | | student has enrolled, or intends to enroll,
upon the | 13 | | request of such official or student;
| 14 | | (4) to To any person for the purpose of research,
| 15 | | statistical reporting, or planning, provided that such | 16 | | research, statistical reporting, or planning is | 17 | | permissible under and undertaken in accordance with the | 18 | | federal Family Educational Rights and Privacy Act (20 | 19 | | U.S.C. 1232g);
| 20 | | (5) pursuant Pursuant to a court order, provided that | 21 | | the
parent shall be given prompt written notice upon | 22 | | receipt
of such order of the terms of the order, the nature | 23 | | and
substance of the information proposed to be released
in | 24 | | compliance with such order and an opportunity to
inspect | 25 | | and copy the school student records and to
challenge their | 26 | | contents pursuant to Section 7;
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| 1 | | (6) to To any person as specifically required by State
| 2 | | or federal law;
| 3 | | (6.5) to To juvenile authorities
when necessary for the | 4 | | discharge of their official duties
who request information | 5 | | prior to
adjudication of the student and who certify in | 6 | | writing that the information
will not be disclosed to any | 7 | | other party except as provided under law or order
of court. | 8 | | For purposes of this Section "juvenile authorities" means:
| 9 | | (i) a judge of
the circuit court and members of the staff | 10 | | of the court designated by the
judge; (ii) parties to the | 11 | | proceedings under the Juvenile Court Act of 1987 and
their | 12 | | attorneys; (iii) probation
officers and court appointed | 13 | | advocates for the juvenile authorized by the judge
hearing | 14 | | the case; (iv) any individual, public or private agency | 15 | | having custody
of the child pursuant to court order; (v) | 16 | | any individual, public or private
agency providing | 17 | | education, medical or mental health service to the child | 18 | | when
the requested information is needed to determine the | 19 | | appropriate service or
treatment for the minor; (vi) any | 20 | | potential placement provider when such
release
is | 21 | | authorized by the court for the limited purpose of | 22 | | determining the
appropriateness of the potential | 23 | | placement; (vii) law enforcement officers and
prosecutors;
| 24 | | (viii) adult and juvenile prisoner review boards; (ix) | 25 | | authorized military
personnel; (x)
individuals authorized | 26 | | by court;
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| 1 | | (7) subject Subject to regulations of the State Board,
| 2 | | in connection with an emergency, to appropriate persons
if | 3 | | the knowledge of such information is necessary to protect
| 4 | | the health or safety of the student or other
persons;
| 5 | | (8) to To any person, with the prior specific dated
| 6 | | written consent of the parent designating the person
to | 7 | | whom the records may be released, provided that at
the time | 8 | | any such consent is requested or obtained,
the parent shall | 9 | | be advised in writing that he has the right
to inspect and | 10 | | copy such records in accordance with Section 5, to
| 11 | | challenge their contents in accordance with Section 7 and | 12 | | to limit any such
consent to
designated records or | 13 | | designated portions of the information contained
therein;
| 14 | | (9) to To a governmental agency, or social service | 15 | | agency contracted by a
governmental agency, in furtherance | 16 | | of an investigation of a student's school
attendance | 17 | | pursuant to the compulsory student attendance laws of this | 18 | | State,
provided that the records are released to the | 19 | | employee or agent designated by
the agency;
| 20 | | (10) to To those SHOCAP committee members who fall | 21 | | within the meaning of
"state and local officials and | 22 | | authorities", as those terms are used within the
meaning of | 23 | | the federal Family Educational Rights and Privacy Act, for
| 24 | | the
purposes of identifying serious habitual juvenile | 25 | | offenders and matching those
offenders with community | 26 | | resources pursuant to Section 5-145 of the Juvenile
Court |
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| 1 | | Act of 1987, but only to the extent that the release, | 2 | | transfer,
disclosure, or dissemination is consistent with | 3 | | the Family Educational Rights
and Privacy Act;
| 4 | | (11) to To the Department of Healthcare and Family | 5 | | Services in furtherance of the
requirements of Section | 6 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 7 | | Section 10 of the School Breakfast and Lunch
Program Act; | 8 | | or
| 9 | | (12) to To the State Board or another State government | 10 | | agency or between or among State government agencies in | 11 | | order to evaluate or audit federal and State programs or | 12 | | perform research and planning, but only to the extent that | 13 | | the release, transfer, disclosure, or dissemination is | 14 | | consistent with the federal Family Educational Rights and | 15 | | Privacy Act (20 U.S.C. 1232g). | 16 | | (a-5) Pursuant to subparagraph (4) of paragraph (a) of this | 17 | | Section, a school board or the State Board may provide school | 18 | | student data to researchers at an accredited post-secondary | 19 | | educational institution or an organization conducting research | 20 | | if any such research is conducted in accordance with the | 21 | | federal Family Educational Rights and Privacy Act and does not | 22 | | take place until the following requirements are complied with: | 23 | | (1) Prior to the beginning of each school year, the | 24 | | school board shall provide notice to parents, guardians, or | 25 | | eligible students regarding planned studies. For those | 26 | | school boards that maintain an Internet website, the school |
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| 1 | | board shall post on its Internet website a current list of | 2 | | all research studies using data obtained from the school | 3 | | board without obtaining consent from parents, guardians, | 4 | | or eligible students currently being conducted or | 5 | | scheduled to be conducted. In April and December of each | 6 | | year, the school board shall update the Internet website to | 7 | | include new research studies that are approved or | 8 | | conducted. For those school boards that do not maintain an | 9 | | Internet website, each school board shall provide parents, | 10 | | guardians, and eligible students with a current list of all | 11 | | research studies being conducted or scheduled to be | 12 | | conducted in the same notice described above and shall | 13 | | provide supplemental notices in April and December as new | 14 | | research studies are approved or conducted. | 15 | | (A) The school board shall send the notice | 16 | | described in this subparagraph (1) by the same means | 17 | | generally used to send notices to parents, guardians, | 18 | | or eligible students. | 19 | | (B) The notice described in this subparagraph (1) | 20 | | shall describe generally the purposes of conducting | 21 | | educational research, contain a short description of | 22 | | all current and scheduled research studies, and set | 23 | | forth the address of the Internet website containing a | 24 | | current list of all research studies being conducted | 25 | | and scheduled to be conducted, which web address shall | 26 | | also be set forth in the school board's student |
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| 1 | | handbook. The notice shall also advise parents, | 2 | | guardians, and eligible students that the State Board | 3 | | conducts research studies and shall provide the | 4 | | Internet website address for that part of the State | 5 | | Board's website that contains a list of the current and | 6 | | scheduled studies to be conducted. | 7 | | (C) For those school boards that maintain an | 8 | | Internet website, the webpage that contains the list of | 9 | | all current and scheduled research studies shall also | 10 | | set forth, in general terms, the nature of each listed | 11 | | research study, the categories of students whose data | 12 | | will be used in each listed research study, and the | 13 | | names of all organizations involved in each listed | 14 | | research study. For those school boards that do not | 15 | | maintain an Internet website, the school boards shall | 16 | | provide the information described in this subdivision | 17 | | (C) in the notice described in this subparagraph (1). | 18 | | (2) A written data use agreement that complies with the | 19 | | federal Family Educational Rights and Privacy Act and its | 20 | | accompanying regulations and, at a minimum, contains the | 21 | | following provisions is entered into by and between the | 22 | | party gaining access to the data of the school board or | 23 | | State Board and the entity with the legal authority to | 24 | | permit the use of the data: | 25 | | (A) The accredited post-secondary educational | 26 | | institution or the organization conducting research |
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| 1 | | shall abide by all requirements of this subparagraph | 2 | | (2). | 3 | | (B) A statement of the purpose, scope, and duration | 4 | | of the research study or studies, as well as a | 5 | | description of the data to be used as part of the study | 6 | | and the person or persons to whom the data will be | 7 | | disclosed; however, the list of persons to whom the | 8 | | data may be disclosed may be amended from time to time | 9 | | with the agreement of all parties to the data use | 10 | | agreement. | 11 | | (C) The accredited post-secondary educational | 12 | | institution or the organization conducting research | 13 | | shall use school student records only to meet the | 14 | | purpose or purposes of the study as set forth in | 15 | | subdivision (B) of this subparagraph (2). | 16 | | (D) The accredited post-secondary educational | 17 | | institution or the organization conducting research | 18 | | may only use data by which a student may be | 19 | | individually or personally identified for 2 reasons: | 20 | | (i) to link data files or (ii) to identify eligible | 21 | | students for research studies for which written | 22 | | parental, guardian, or eligible student consent will | 23 | | be obtained for participation and the person or persons | 24 | | to whom such information will be disclosed is set forth | 25 | | in the data use agreement. | 26 | | (E) The accredited post-secondary educational |
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| 1 | | institution or the organization conducting research | 2 | | shall destroy all data that individually or personally | 3 | | identifies a student when the information is no longer | 4 | | needed, but in no event later than 36 months after the | 5 | | research study has been completed. | 6 | | (F) The accredited post-secondary educational | 7 | | institution or the organization conducting research | 8 | | shall certify in writing that it has the capacity to | 9 | | and shall restrict access to school student records to | 10 | | the person or persons set forth in subdivision (B) of | 11 | | this subparagraph (2). | 12 | | (G) The accredited post-secondary educational | 13 | | institution or the organization conducting research | 14 | | shall certify in writing that it shall maintain the | 15 | | security of all data received pursuant to this | 16 | | paragraph (a-5) in compliance with rules adopted by the | 17 | | State Board, which rules shall be consistent and | 18 | | regularly updated to comply with commonly accepted | 19 | | data-security practices, including, but not limited | 20 | | to, those set forth by the United States Department of | 21 | | Education Privacy Technical Assistance Center. | 22 | | (H) In compliance with the rules adopted pursuant | 23 | | to subdivision (G) of this subparagraph (2) and any | 24 | | other rules that may be necessary and adopted by the | 25 | | State Board, the accredited post-secondary educational | 26 | | institution or the organization conducting research |
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| 1 | | shall develop, implement, maintain, and use | 2 | | appropriate administrative, technical, and physical | 3 | | security measures to preserve the confidentiality and | 4 | | integrity of all school student records. | 5 | | (3) Accredited post-secondary educational institutions | 6 | | and organizations conducting research may only use data by | 7 | | which a student may be personally or individually | 8 | | identified for 2 reasons: (i) to link data files or (ii) to | 9 | | identify eligible students for research studies for which | 10 | | written parental, guardian, or eligible student consent | 11 | | will be obtained for participation and the person or | 12 | | persons to whom such information will be disclosed is set | 13 | | forth in the data use agreement. | 14 | | (4) The accredited post-secondary institution or the | 15 | | organization conducting research agrees that it shall use | 16 | | personally identifiable information from school student | 17 | | records only to meet the purpose or purposes of the | 18 | | research study or studies as stated in the data use | 19 | | agreement described in subparagraph (2) of this paragraph | 20 | | (a-5). | 21 | | (5) Any information by which a student may be | 22 | | individually or personally identified shall be released, | 23 | | transferred, disclosed, or otherwise disseminated only as | 24 | | contemplated by the written data use agreement described in | 25 | | subparagraph (2) of this paragraph (a-5). | 26 | | (6) All school student records shall have personally |
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| 1 | | identifiable information removed prior to analysis by the | 2 | | accredited post-secondary educational institution or the | 3 | | organization conducting research. | 4 | | (7) The accredited post-secondary institution or | 5 | | organization conducting research shall implement and | 6 | | adhere to policies and procedures that restrict access to | 7 | | data that has personally identifiable information. | 8 | | (A) The accredited post-secondary institution or | 9 | | organization conducting research shall designate an | 10 | | individual to act as the custodian of the data with | 11 | | personally identifiable information who is responsible | 12 | | for restricting access to that data and provide the | 13 | | name of that individual to the entity with the legal | 14 | | authority to permit the use of the data. | 15 | | (B) Any personally identifiable information used | 16 | | to link data sets shall be securely stored in a | 17 | | location separate and apart from the location of the | 18 | | de-identified school student records, in a secure data | 19 | | file. | 20 | | Nothing in this paragraph (a-5) shall prohibit the State | 21 | | Board or any school board from providing personally | 22 | | identifiable information about individual students to an | 23 | | accredited post-secondary educational institution or an | 24 | | organization conducting research pursuant to a specific, | 25 | | written agreement with a school board or State Board and in | 26 | | accordance with the federal Family Educational Rights and |
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| 1 | | Privacy Act if necessary for the school board or State Board to | 2 | | comply with State or federal statutory mandates. | 3 | | (b) No information may be released pursuant to subparagraph | 4 | | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 5 | | unless the parent receives
prior written notice of the nature | 6 | | and substance of the information
proposed to be released, and | 7 | | an opportunity to inspect
and copy such records in accordance | 8 | | with Section 5 and to
challenge their contents in accordance | 9 | | with Section 7. Provided, however,
that such notice shall be | 10 | | sufficient if published in a local newspaper of
general | 11 | | circulation or other publication directed generally to the | 12 | | parents
involved where the proposed release of information is | 13 | | pursuant to
subparagraph (6) 6 of paragraph (a) of in this | 14 | | Section 6 and relates to more
than 25 students.
| 15 | | (c) A record of any release of information pursuant
to this | 16 | | Section must be made and kept as a part of the
school student | 17 | | record and subject to the access granted by Section 5.
Such | 18 | | record of release shall be maintained for the life of the
| 19 | | school student records and shall be available only to the | 20 | | parent
and the official records custodian.
Each record of | 21 | | release shall also include:
| 22 | | (1) the The nature and substance of the information | 23 | | released;
| 24 | | (2) the The name and signature of the official records
| 25 | | custodian releasing such information;
| 26 | | (3) the The name of the person requesting such |
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| 1 | | information,
the capacity in which such a request has been | 2 | | made, and the purpose of such
request;
| 3 | | (4) the The date of the release; and
| 4 | | (5) a A copy of any consent to such release.
| 5 | | (d) Except for the student and his parents, no person
to | 6 | | whom information is released pursuant to this Section
and no | 7 | | person specifically designated as a representative by a parent
| 8 | | may permit any other person to have access to such information | 9 | | without a prior
consent of the parent obtained in accordance | 10 | | with the requirements
of subparagraph (8) of paragraph (a) of | 11 | | this Section.
| 12 | | (e) Nothing contained in this Act shall prohibit the
| 13 | | publication of student directories which list student names, | 14 | | addresses
and other identifying information and similar | 15 | | publications which
comply with regulations issued by the State | 16 | | Board.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 18 | | 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised | 19 | | 11-26-14.)".
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