Full Text of HB3685 101st General Assembly
HB3685ham001 101ST GENERAL ASSEMBLY | Rep. Aaron M. Ortiz Filed: 3/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3685
| 2 | | AMENDMENT NO. ______. Amend House Bill 3685 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Sections | 5 | | 2-3.176 and 22-12.5 as follows: | 6 | | (105 ILCS 5/2-3.176 new) | 7 | | Sec. 2-3.176. Federal Family Educational Rights and | 8 | | Privacy Act of 1974; policies. | 9 | | (a) The General Assembly finds and declares all of the | 10 | | following: | 11 | | (1) The privacy of Illinois citizens is of the utmost | 12 | | importance, and protecting their privacy is a top priority | 13 | | for the lawmakers of this State. | 14 | | (2) It is imperative that personal information stay | 15 | | confidential unless otherwise chosen to be disclosed on an | 16 | | individual basis. |
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| 1 | | (3) The privacy of our children is critically | 2 | | important, especially the privacy of any student data and | 3 | | any information collected in educational settings, | 4 | | including day care, home-visiting programs, prevention | 5 | | initiatives, after-school programs, early intervention | 6 | | programs, preschool, and a student's kindergarten through | 7 | | grade 12 educational experience. | 8 | | (4) Schools and educational settings are safe | 9 | | environments, and an important component of maintaining | 10 | | security is ensuring family privacy and protecting student | 11 | | data. | 12 | | (b) The State Board of Education, in cooperation with the | 13 | | Department of Human Services, must develop, publish, and make | 14 | | publicly available policies and procedures that comply with the | 15 | | federal Family Educational Rights and Privacy Act of 1974, | 16 | | including, but not limited to, policies that restrict access to | 17 | | the personally identifiable information of a student or a | 18 | | student's parent or guardian. | 19 | | (c) Subject to the requirements of the Illinois School | 20 | | Student Records Act and the Student Online Personal Protection | 21 | | Act, the State Board may, in cooperation with the Department of | 22 | | Human Services, collect personally identifiable information of | 23 | | a student or a student's parent or guardian only as required to | 24 | | assess eligibility for or to administer public services or | 25 | | programs. Any information collected under this subsection, | 26 | | whether written or oral, must be kept confidential, except in |
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| 1 | | the case of either of the following: | 2 | | (1) If the disclosure is to comply with a judicial | 3 | | order or lawfully issued subpoena or is in connection with | 4 | | a health or safety emergency. | 5 | | (2) If the student or the student's parent or guardian | 6 | | provides written consent for the disclosure. | 7 | | (105 ILCS 5/22-12.5 new) | 8 | | Sec. 22-12.5. Threats based on citizenship or immigration | 9 | | status. Because threats made by a school employee to a student | 10 | | based on his or her citizenship or immigration status | 11 | | interferes with the student's attendance at school, a public or | 12 | | nonpublic school employee may not make any threats or acts of | 13 | | menace toward or intimidate any student entitled to attend a | 14 | | public or nonpublic school in this State that are based on the | 15 | | student's actual or perceived citizenship or immigration | 16 | | status, including threats, acts of menace, or intimidation that | 17 | | are based on information disclosed, orally or written, to any | 18 | | public or nonpublic school employee throughout the course of | 19 | | that employee performing educational services. A violation of | 20 | | this Section is a Class A misdemeanor. ".
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