Full Text of SB0543 094th General Assembly
SB0543 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0543
Introduced 2/17/2005, by Sen. Dan Rutherford SYNOPSIS AS INTRODUCED: |
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105 ILCS 10/2 |
from Ch. 122, par. 50-2 |
105 ILCS 10/6 |
from Ch. 122, par. 50-6 |
30 ILCS 805/8.29 new |
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Amends the Illinois School Student Records Act. Provides that school student records shall not include the name or schools attended of a former student who has been deceased for no less than 10 years. Allows access to school student records by agents or consultants of the school, school district, or the State Board of Education with an interest in the student, by an individual or entity for the purpose of alumni activities and development (provided that certain information is provided, the information pertains to former students who are 18 years of age or older, the release is limited to the name, years of attendance, year of graduation, and last known address, and the individual or entity to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records), and by the surviving spouse or heir of a deceased former student. Deletes language requiring that school student records released for the purpose of research, statistical reporting, or planning not contain information that can identify a student or parent. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB0543 |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois School Student Records Act is | 5 |
| amended by changing Sections 2 and 6 as follows:
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| (105 ILCS 10/2) (from Ch. 122, par. 50-2)
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| Sec. 2. As used in this Act,
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| (a) "Student" means any person enrolled or previously | 9 |
| enrolled in a school.
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| (b) "School" means any public preschool, day care center,
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| 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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| (c) "State Board" means the State Board of Education.
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| (d) "School Student Record" means any writing or
other | 19 |
| recorded information concerning a student
and by which a | 20 |
| student may be individually identified,
maintained by a school | 21 |
| or at its direction or by an employee of a
school, regardless | 22 |
| of how or where the information is stored.
The following shall | 23 |
| not be deemed school student records under
this Act: writings | 24 |
| or other recorded information maintained by an
employee of a | 25 |
| school or other person at the direction of a school for his or
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| her exclusive use; provided that all such writings and other | 27 |
| recorded
information are destroyed not later than the student's | 28 |
| graduation or permanent
withdrawal from the school; and | 29 |
| provided further that no such records or
recorded information | 30 |
| may be released or disclosed to any person except a person
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| designated by the school as
a substitute unless they are first | 32 |
| incorporated
in a school student record and made subject to all |
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| of the
provisions of this Act.
School student records shall not | 2 |
| include information maintained by
law enforcement | 3 |
| professionals working in the school. School student records | 4 |
| shall not include the name or schools attended of a former | 5 |
| student who has been deceased for no less than 10 years.
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| (e) "Student Permanent Record" means the minimum personal
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| information necessary to a school in the education of the | 8 |
| student
and contained in a school student record. Such | 9 |
| information
may include the student's name, birth date, | 10 |
| address, grades
and grade level, parents' names and addresses, | 11 |
| attendance
records, and such other entries as the State Board | 12 |
| may
require or authorize.
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| (f) "Student Temporary Record" means all information | 14 |
| contained in
a school student record but not contained in
the | 15 |
| student permanent record. Such information may include
family | 16 |
| background information, intelligence test scores, aptitude
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| test scores, psychological and personality test results, | 18 |
| teacher
evaluations, and other information of clear relevance | 19 |
| to the
education of the student, all subject to regulations of | 20 |
| the State Board.
The information shall include information | 21 |
| provided under Section 8.6 of the
Abused and Neglected Child | 22 |
| Reporting Act.
In addition, the student temporary record shall | 23 |
| include information regarding
serious disciplinary infractions | 24 |
| that resulted in expulsion, suspension, or the
imposition of | 25 |
| punishment or sanction. For purposes of this provision, serious
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| disciplinary infractions means: infractions involving drugs, | 27 |
| weapons, or bodily
harm to another.
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| (g) "Parent" means a person who is the natural parent of | 29 |
| the
student or other person who has the primary responsibility | 30 |
| for the
care and upbringing of the student. All rights and | 31 |
| privileges accorded
to a parent under this Act shall become | 32 |
| exclusively those of the student
upon his 18th birthday, | 33 |
| graduation from secondary school, marriage
or entry into | 34 |
| military service, whichever occurs first. Such
rights and | 35 |
| privileges may also be exercised by the student
at any time | 36 |
| with respect to the student's permanent school record.
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| (Source: P.A. 92-295, eff. 1-1-02.)
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| (105 ILCS 10/6) (from Ch. 122, par. 50-6)
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| Sec. 6. (a) No school student records or information
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| contained therein may be released, transferred, disclosed or | 5 |
| otherwise
disseminated, except as follows:
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| (1) To a parent or student or person specifically
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| designated as a representative by a parent, as provided in | 8 |
| paragraph (a)
of Section 5;
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| (2) To an employee ,
or official , agent, or consultant
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| of the school or
school district or State Board with | 11 |
| current demonstrable educational
or administrative | 12 |
| interest in the student, in furtherance of such interest;
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| (3) To the official records custodian of another school | 14 |
| within
Illinois or an official with similar | 15 |
| responsibilities of a school
outside Illinois, in which the | 16 |
| student has enrolled, or intends to enroll,
upon the | 17 |
| request of such official or student;
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| (4) To any person for the purpose of research,
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| statistical reporting or planning, provided that no | 20 |
| student or parent can be
identified from the information | 21 |
| released and the person to whom the
information is released | 22 |
| signs an affidavit agreeing to comply with all
applicable | 23 |
| statutes and rules pertaining to school student records;
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| (5) Pursuant to a court order, provided that the
parent | 25 |
| shall be given prompt written notice upon receipt
of such | 26 |
| order of the terms of the order, the nature and
substance | 27 |
| of the information proposed to be released
in compliance | 28 |
| with such order and an opportunity to
inspect and copy the | 29 |
| school student records and to
challenge their contents | 30 |
| pursuant to Section 7;
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| (6) To any person as specifically required by State
or | 32 |
| federal law;
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| (6.5) To juvenile authorities
when necessary for the | 34 |
| discharge of their official duties
who request information | 35 |
| prior to
adjudication of the student and who certify in |
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| writing that the information
will not be disclosed to any | 2 |
| other party except as provided under law or order
of court. | 3 |
| For purposes of this Section "juvenile authorities" means:
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| (i) a judge of
the circuit court and members of the staff | 5 |
| of the court designated by the
judge; (ii) parties to the | 6 |
| proceedings under the Juvenile Court Act of 1987 and
their | 7 |
| attorneys; (iii) probation
officers and court appointed | 8 |
| advocates for the juvenile authorized by the judge
hearing | 9 |
| the case; (iv) any individual, public or private agency | 10 |
| having custody
of the child pursuant to court order; (v) | 11 |
| any individual, public or private
agency providing | 12 |
| education, medical or mental health service to the child | 13 |
| when
the requested information is needed to determine the | 14 |
| appropriate service or
treatment for the minor; (vi) any | 15 |
| potential placement provider when such
release
is | 16 |
| authorized by the court for the limited purpose of | 17 |
| determining the
appropriateness of the potential | 18 |
| placement; (vii) law enforcement officers and
prosecutors;
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| (viii) adult and juvenile prisoner review boards; (ix) | 20 |
| authorized military
personnel; (x)
individuals authorized | 21 |
| by court;
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| (7) Subject to regulations of the State Board,
in | 23 |
| connection with an emergency, to appropriate persons
if the | 24 |
| knowledge of such information is necessary to protect
the | 25 |
| health or safety of the student or other
persons;
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| (8) To any person, with the prior specific dated
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| written consent of the parent designating the person
to | 28 |
| whom the records may be released, provided that at
the time | 29 |
| any such consent is requested or obtained,
the parent shall | 30 |
| be advised in writing that he has the right
to inspect and | 31 |
| copy such records in accordance with Section 5, to
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| challenge their contents in accordance with Section 7 and | 33 |
| to limit any such
consent to
designated records or | 34 |
| designated portions of the information contained
therein;
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| (9) To a governmental agency, or social service agency | 36 |
| contracted by a
governmental agency, in furtherance of an |
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| investigation of a student's school
attendance pursuant to | 2 |
| the compulsory student attendance laws of this State,
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| provided that the records are released to the employee or | 4 |
| agent designated by
the agency;
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| (10) To those SHOCAP committee members who fall within | 6 |
| the meaning of
"state and local officials and authorities", | 7 |
| as those terms are used within the
meaning of the federal | 8 |
| Family Educational Rights and Privacy Act, for
the
purposes | 9 |
| of identifying serious habitual juvenile offenders and | 10 |
| matching those
offenders with community resources pursuant | 11 |
| to Section 5-145 of the Juvenile
Court Act of 1987, but | 12 |
| only to the extent that the release, transfer,
disclosure, | 13 |
| or dissemination is consistent with the Family Educational | 14 |
| Rights
and Privacy Act; or
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| (11) To the Department of Public Aid in furtherance of | 16 |
| the
requirements of Section 2-3.131, 3-14.29, 10-28, or | 17 |
| 34-18.26 of
the School Code or Section 10 of the School | 18 |
| Breakfast and Lunch
Program Act. | 19 |
| (12) At the discretion of the school district, to an | 20 |
| individual or entity, upon written request thereof, for the | 21 |
| purpose of school district alumni activities and | 22 |
| development if (i) the individual or entity making the | 23 |
| request is required to specify the school or schools and | 24 |
| year or years for which the information is sought, (ii) the | 25 |
| information sought pertains to former students who are 18 | 26 |
| years of age or older, (iii) the release is limited to the | 27 |
| name, years of attendance, year of graduation, and last | 28 |
| known address of the former student, and (iv) the | 29 |
| individual or entity to whom the information is released | 30 |
| signs an affidavit agreeing to comply with all applicable | 31 |
| statutes and rules pertaining to school student records. | 32 |
| (13) To the surviving spouse of a deceased former | 33 |
| student or, if there is no surviving spouse, to a person | 34 |
| who would qualify as an heir under Section 2-1 of the | 35 |
| Probate Act of 1975.
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| (b) No information may be released pursuant to |
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| subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 2 |
| unless the parent receives
prior written notice of the nature | 3 |
| and substance of the information
proposed to be released, and | 4 |
| an opportunity to inspect
and copy such records in accordance | 5 |
| with Section 5 and to
challenge their contents in accordance | 6 |
| with Section 7. Provided, however,
that such notice shall be | 7 |
| sufficient if published in a local newspaper of
general | 8 |
| circulation or other publication directed generally to the | 9 |
| parents
involved where the proposed release of information is | 10 |
| pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | 11 |
| and relates to more
than 25 students.
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| (c) A record of any release of information pursuant
to this | 13 |
| Section must be made and kept as a part of the
school student | 14 |
| record and subject to the access granted by Section 5.
Such | 15 |
| record of release shall be maintained for the life of the
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| school student records and shall be available only to the | 17 |
| parent
and the official records custodian.
Each record of | 18 |
| release shall also include:
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| (1) The nature and substance of the information | 20 |
| released;
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| (2) The name and signature of the official records
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| custodian releasing such information;
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| (3) The name of the person requesting such information,
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| the capacity in which such a request has been made, and the | 25 |
| purpose of such
request;
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| (4) The date of the release; and
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| (5) A copy of any consent to such release.
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| (d) Except for the student and his parents, no person
to | 29 |
| whom information is released pursuant to this Section
and no | 30 |
| person specifically designated as a representative by a parent
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| may permit any other person to have access to such information | 32 |
| without a prior
consent of the parent obtained in accordance | 33 |
| with the requirements
of subparagraph (8) of paragraph (a) of | 34 |
| this Section.
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| (e) Nothing contained in this Act shall prohibit the
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| publication of student directories which list student names, |
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| addresses
and other identifying information and similar | 2 |
| publications which
comply with regulations issued by the State | 3 |
| Board.
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| (Source: P.A. 93-404, eff. 8-1-03.)
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| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this
Act, no reimbursement by the State is required for the | 10 |
| implementation of
any mandate created by this amendatory Act of | 11 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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