Full Text of HB0811 99th General Assembly
HB0811ham003 99TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 3/28/2016
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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 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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; |
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| 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 |
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| 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 |
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| 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)
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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, |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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). |
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| 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. |
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| 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;
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| 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.
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| 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.
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| 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 |
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| 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.)".
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