Full Text of HB1746 102nd General Assembly
HB1746enr 102ND GENERAL ASSEMBLY |
| | HB1746 Enrolled | | LRB102 02735 CMG 12738 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-20.59, 10-21.8, 13B-60.10, 14-8.02, and 34-18.52 and by | 6 | | adding Sections 10-20.73 and 34-18.67 as follows: | 7 | | (105 ILCS 5/10-20.59) | 8 | | Sec. 10-20.59. DCFS liaison. | 9 | | (a) Each school board must may appoint at least one | 10 | | employee to act as a liaison to facilitate the enrollment and | 11 | | transfer of records of students in the legal custody of the | 12 | | Department of Children and Family Services when enrolling in | 13 | | or changing schools. The school board may appoint any employee | 14 | | of the school district who is licensed under Article 21B of | 15 | | this Code to act as a liaison; however, employees who meet any | 16 | | of the following criteria must be prioritized for appointment: | 17 | | (1) Employees who have worked with mobile student | 18 | | populations or students in foster care. | 19 | | (2) Employees who are familiar with enrollment, record | 20 | | transfers, existing community services, and student | 21 | | support services. | 22 | | (3) Employees who serve as a high-level administrator. | 23 | | (4) Employees who are counselors or have experience |
| | | HB1746 Enrolled | - 2 - | LRB102 02735 CMG 12738 b |
|
| 1 | | with student counseling. | 2 | | (5) Employees who are knowledgeable on child welfare | 3 | | policies. | 4 | | (6) Employees who serve as a school social worker. | 5 | | (b) Liaisons under this Section are encouraged to build | 6 | | capacity and infrastructure within their school district to | 7 | | support students in the legal custody of the Department of | 8 | | Children and Family Services. Liaison responsibilities may | 9 | | include the following: | 10 | | (1) streamlining the enrollment processes for students | 11 | | in foster care; | 12 | | (2) implementing student data tracking and monitoring | 13 | | mechanisms; | 14 | | (3) ensuring that students in the legal custody of the | 15 | | Department of Children and Family Services receive all | 16 | | school nutrition and meal programs available; | 17 | | (4) coordinating student withdrawal from a school, | 18 | | record transfers, and credit recovery; | 19 | | (5) becoming experts on the foster care system and | 20 | | State laws and policies in place that support children | 21 | | under the legal custody of the Department of Children and | 22 | | Family Services; | 23 | | (6) coordinating with child welfare partners; | 24 | | (7) providing foster care-related information and | 25 | | training to the school district; | 26 | | (8) working with the Department of Children and Family |
| | | HB1746 Enrolled | - 3 - | LRB102 02735 CMG 12738 b |
|
| 1 | | Services to help students maintain their school placement, | 2 | | if appropriate; | 3 | | (9) reviewing student schedules to ensure that | 4 | | students are on track to graduate; | 5 | | (10) encouraging a successful transition into | 6 | | adulthood and post-secondary opportunities; | 7 | | (11) encouraging involvement in extracurricular | 8 | | activities; and | 9 | | (12) knowing what support is available within the | 10 | | school district and community for students in the legal | 11 | | custody of the Department of Children and Family Services. | 12 | | (c) A school district is required encouraged to designate | 13 | | a liaison by the beginning of the 2022-2023 2017-2018 school | 14 | | year. | 15 | | (d) Individuals licensed under Article 21B of this Code | 16 | | acting as a liaison under this Section shall perform the | 17 | | duties of a liaison in addition to existing contractual | 18 | | obligations.
| 19 | | (Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.) | 20 | | (105 ILCS 5/10-20.73 new) | 21 | | Sec. 10-20.73. Parent-teacher conference and other | 22 | | meetings; caseworker. For any student who is in the legal | 23 | | custody of the Department of Children and Family Services, the | 24 | | liaison appointed under Section 10-20.59 must inform the | 25 | | Department's Office of Education and Transition Services of a |
| | | HB1746 Enrolled | - 4 - | LRB102 02735 CMG 12738 b |
|
| 1 | | parent-teacher conference or any other meeting concerning the | 2 | | student that would otherwise involve a parent and must, at the | 3 | | option of the caseworker, allow the student's caseworker to | 4 | | attend the conference or meeting.
| 5 | | (105 ILCS 5/10-21.8) (from Ch. 122, par. 10-21.8)
| 6 | | Sec. 10-21.8. Correspondence and Reports. In the absence | 7 | | of any
court order to the contrary to require that, upon the
| 8 | | request of either parent of a pupil whose parents are divorced | 9 | | or, if the student is in the legal custody of the Department of | 10 | | Children and Family Services, the Department's Office of | 11 | | Education and Transition Services , copies of
the following: | 12 | | reports or records which reflect the pupil's academic
| 13 | | progress, reports of the pupil's emotional and physical | 14 | | health, notices of
school-initiated parent-teacher conference, | 15 | | notices of major
school-sponsored events, such as open houses, | 16 | | which involve pupil-parent
interaction, and copies of the | 17 | | school calendar regarding the child which
are furnished by the | 18 | | school district to one parent be furnished by mail to
the other | 19 | | parent or, if applicable, the Department's Office of Education | 20 | | and Transition Services . Notwithstanding the foregoing | 21 | | provisions of this
Section a school board shall not, under the | 22 | | authority of this Section, refuse
to mail copies of reports, | 23 | | records, notices or other documents regarding a
pupil to a | 24 | | parent of the pupil as provided by this Section, unless the
| 25 | | school board first has been furnished with a certified copy of |
| | | HB1746 Enrolled | - 5 - | LRB102 02735 CMG 12738 b |
|
| 1 | | the court
order prohibiting the release of such reports, | 2 | | records, notices or other
documents to that parent. No such | 3 | | reports or records with respect to a
pupil shall be provided to | 4 | | a parent who has been prohibited by an order of
protection from | 5 | | inspecting or obtaining school records of that pupil
pursuant | 6 | | to the Illinois Domestic Violence Act of 1986, as now or | 7 | | hereafter amended.
| 8 | | (Source: P.A. 86-966.)
| 9 | | (105 ILCS 5/13B-60.10)
| 10 | | Sec. 13B-60.10. Parent conference. Before being enrolled | 11 | | in
an alternative learning opportunities program, the student | 12 | | and
each of his or her
parents or guardians , and, if the | 13 | | student is in the legal custody of the Department of Children | 14 | | and Family Services, the Department's Office of Education and | 15 | | Transition Services shall receive written notice to attend a | 16 | | conference to
determine if the student
would benefit from | 17 | | attending an alternative learning opportunities program.
The | 18 | | conference must
provide all of the information necessary for | 19 | | the student and parent or guardian
to make an informed
| 20 | | decision regarding enrollment in an alternative learning | 21 | | opportunities
program.
The conference shall include a | 22 | | discussion of the extent to which the
student, if enrolled in | 23 | | the program, may participate in school activities.
No student | 24 | | shall
be enrolled in an alternative learning opportunities | 25 | | program without the
consent of the student's parent or |
| | | HB1746 Enrolled | - 6 - | LRB102 02735 CMG 12738 b |
|
| 1 | | guardian.
| 2 | | (Source: P.A. 92-42, eff. 1-1-02.)
| 3 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 4 | | Sec. 14-8.02. Identification, evaluation, and placement of | 5 | | children.
| 6 | | (a) The State Board of Education shall make rules under | 7 | | which local school
boards shall determine the eligibility of | 8 | | children to receive special
education. Such rules shall ensure | 9 | | that a free appropriate public
education be available to all | 10 | | children with disabilities as
defined in
Section 14-1.02. The | 11 | | State Board of Education shall require local school
districts | 12 | | to administer non-discriminatory procedures or tests to
| 13 | | English learners coming from homes in which a language
other | 14 | | than English is used to determine their eligibility to receive | 15 | | special
education. The placement of low English proficiency | 16 | | students in special
education programs and facilities shall be | 17 | | made in accordance with the test
results reflecting the | 18 | | student's linguistic, cultural and special education
needs. | 19 | | For purposes of determining the eligibility of children the | 20 | | State
Board of Education shall include in the rules | 21 | | definitions of "case study",
"staff conference", | 22 | | "individualized educational program", and "qualified
| 23 | | specialist" appropriate to each category of children with
| 24 | | disabilities as defined in
this Article. For purposes of | 25 | | determining the eligibility of children from
homes in which a |
| | | HB1746 Enrolled | - 7 - | LRB102 02735 CMG 12738 b |
|
| 1 | | language other than English is used, the State Board of
| 2 | | Education shall include in the rules
definitions for | 3 | | "qualified bilingual specialists" and "linguistically and
| 4 | | culturally appropriate individualized educational programs". | 5 | | For purposes of this
Section, as well as Sections 14-8.02a, | 6 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | 7 | | as defined in the federal Individuals with Disabilities | 8 | | Education Act (20 U.S.C. 1401(23)).
| 9 | | (b) No child shall be eligible for special education | 10 | | facilities except
with a carefully completed case study fully | 11 | | reviewed by professional
personnel in a multidisciplinary | 12 | | staff conference and only upon the
recommendation of qualified | 13 | | specialists or a qualified bilingual specialist, if
available. | 14 | | At the conclusion of the multidisciplinary staff conference, | 15 | | the
parent of the child and, if the child is in the legal | 16 | | custody of the Department of Children and Family Services, the | 17 | | Department's Office of Education and Transition Services shall | 18 | | be given a copy of the multidisciplinary
conference summary | 19 | | report and recommendations, which includes options
considered, | 20 | | and , in the case of the parent, be informed of his or her their | 21 | | right to obtain an independent educational
evaluation if he or | 22 | | she disagrees they disagree with the evaluation findings | 23 | | conducted or obtained
by the school district. If the school | 24 | | district's evaluation is shown to be
inappropriate, the school | 25 | | district shall reimburse the parent for the cost of
the | 26 | | independent evaluation. The State Board of Education shall, |
| | | HB1746 Enrolled | - 8 - | LRB102 02735 CMG 12738 b |
|
| 1 | | with advice
from the State Advisory Council on Education of | 2 | | Children with
Disabilities on the
inclusion of specific | 3 | | independent educational evaluators, prepare a list of
| 4 | | suggested independent educational evaluators. The State Board | 5 | | of Education
shall include on the list clinical psychologists | 6 | | licensed pursuant to the
Clinical Psychologist Licensing Act. | 7 | | Such psychologists shall not be paid fees
in excess of the | 8 | | amount that would be received by a school psychologist for
| 9 | | performing the same services. The State Board of Education | 10 | | shall supply school
districts with such list and make the list | 11 | | available to parents at their
request. School districts shall | 12 | | make the list available to parents at the time
they are | 13 | | informed of their right to obtain an independent educational
| 14 | | evaluation. However, the school district may initiate an | 15 | | impartial
due process hearing under this Section within 5 days | 16 | | of any written parent
request for an independent educational | 17 | | evaluation to show that
its evaluation is appropriate. If the | 18 | | final decision is that the evaluation
is appropriate, the | 19 | | parent still has a right to an independent educational
| 20 | | evaluation, but not at public expense. An independent | 21 | | educational
evaluation at public expense must be completed | 22 | | within 30 days of a parent
written request unless the school | 23 | | district initiates an
impartial due process hearing or the | 24 | | parent or school district
offers reasonable grounds to show | 25 | | that such 30-day 30 day time period should be
extended. If the | 26 | | due process hearing decision indicates that the parent is |
| | | HB1746 Enrolled | - 9 - | LRB102 02735 CMG 12738 b |
|
| 1 | | entitled to an independent educational evaluation, it must be
| 2 | | completed within 30 days of the decision unless the parent or
| 3 | | the school district offers reasonable grounds to show that | 4 | | such 30-day 30 day
period should be extended. If a parent | 5 | | disagrees with the summary report or
recommendations of the | 6 | | multidisciplinary conference or the findings of any
| 7 | | educational evaluation which results therefrom, the school
| 8 | | district shall not proceed with a placement based upon such | 9 | | evaluation and
the child shall remain in his or her regular | 10 | | classroom setting.
No child shall be eligible for admission to | 11 | | a
special class for children with a mental disability who are | 12 | | educable or for children with a mental disability who are | 13 | | trainable except with a psychological evaluation
and
| 14 | | recommendation by a school psychologist. Consent shall be | 15 | | obtained from
the parent of a child before any evaluation is | 16 | | conducted.
If consent is not given by the parent or if the | 17 | | parent disagrees with the findings of the evaluation, then the | 18 | | school
district may initiate an impartial due process hearing | 19 | | under this Section.
The school district may evaluate the child | 20 | | if that is the decision
resulting from the impartial due | 21 | | process hearing and the decision is not
appealed or if the | 22 | | decision is affirmed on appeal.
The determination of | 23 | | eligibility shall be made and the IEP meeting shall be | 24 | | completed within 60 school days
from the date of written | 25 | | parental consent. In those instances when written parental | 26 | | consent is obtained with fewer than 60 pupil attendance days |
| | | HB1746 Enrolled | - 10 - | LRB102 02735 CMG 12738 b |
|
| 1 | | left in the school year,
the eligibility determination shall | 2 | | be made and the IEP meeting shall be completed prior to the | 3 | | first day of the
following school year. Special education and | 4 | | related services must be provided in accordance with the | 5 | | student's IEP no later than 10 school attendance days after | 6 | | notice is provided to the parents pursuant to Section 300.503 | 7 | | of Title 34 of the Code of Federal Regulations and | 8 | | implementing rules adopted by the State Board of Education. | 9 | | The appropriate
program pursuant to the individualized | 10 | | educational program of students
whose native tongue is a | 11 | | language other than English shall reflect the
special | 12 | | education, cultural and linguistic needs. No later than | 13 | | September
1, 1993, the State Board of Education shall | 14 | | establish standards for the
development, implementation and | 15 | | monitoring of appropriate bilingual special
individualized | 16 | | educational programs. The State Board of Education shall
| 17 | | further incorporate appropriate monitoring procedures to | 18 | | verify implementation
of these standards. The district shall | 19 | | indicate to the parent , and
the State Board of Education , and, | 20 | | if applicable, the Department's Office of Education and | 21 | | Transition Services the nature of the services the child will | 22 | | receive
for the regular school term while waiting placement in | 23 | | the appropriate special
education class. At the child's | 24 | | initial IEP meeting and at each annual review meeting, the | 25 | | child's IEP team shall provide the child's parent or guardian | 26 | | and, if applicable, the Department's Office of Education and |
| | | HB1746 Enrolled | - 11 - | LRB102 02735 CMG 12738 b |
|
| 1 | | Transition Services with a written notification that informs | 2 | | the parent or guardian or the Department's Office of Education | 3 | | and Transition Services that the IEP team is required to | 4 | | consider whether the child requires assistive technology in | 5 | | order to receive free, appropriate public education. The | 6 | | notification must also include a toll-free telephone number | 7 | | and internet address for the State's assistive technology | 8 | | program.
| 9 | | If the child is deaf, hard of hearing, blind, or visually | 10 | | impaired and
he or she might be eligible to receive services | 11 | | from the Illinois School for
the Deaf or the Illinois School | 12 | | for the Visually Impaired, the school
district shall notify | 13 | | the parents, in writing, of the existence of
these schools
and | 14 | | the services
they provide and shall make a reasonable effort | 15 | | to inform the parents of the existence of other, local schools | 16 | | that provide similar services and the services that these | 17 | | other schools provide. This notification
shall
include without | 18 | | limitation information on school services, school
admissions | 19 | | criteria, and school contact information.
| 20 | | In the development of the individualized education program | 21 | | for a student who has a disability on the autism spectrum | 22 | | (which includes autistic disorder, Asperger's disorder, | 23 | | pervasive developmental disorder not otherwise specified, | 24 | | childhood disintegrative disorder, and Rett Syndrome, as | 25 | | defined in the Diagnostic and Statistical Manual of Mental | 26 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
| | | HB1746 Enrolled | - 12 - | LRB102 02735 CMG 12738 b |
|
| 1 | | consider all of the following factors: | 2 | | (1) The verbal and nonverbal communication needs of | 3 | | the child. | 4 | | (2) The need to develop social interaction skills and | 5 | | proficiencies. | 6 | | (3) The needs resulting from the child's unusual | 7 | | responses to sensory experiences. | 8 | | (4) The needs resulting from resistance to | 9 | | environmental change or change in daily routines. | 10 | | (5) The needs resulting from engagement in repetitive | 11 | | activities and stereotyped movements. | 12 | | (6) The need for any positive behavioral | 13 | | interventions, strategies, and supports to address any | 14 | | behavioral difficulties resulting from autism spectrum | 15 | | disorder. | 16 | | (7) Other needs resulting from the child's disability | 17 | | that impact progress in the general curriculum, including | 18 | | social and emotional development. | 19 | | Public Act 95-257
does not create any new entitlement to a | 20 | | service, program, or benefit, but must not affect any | 21 | | entitlement to a service, program, or benefit created by any | 22 | | other law.
| 23 | | If the student may be eligible to participate in the | 24 | | Home-Based Support
Services Program for Adults with Mental | 25 | | Disabilities authorized under the
Developmental Disability and | 26 | | Mental Disability Services Act upon becoming an
adult, the |
| | | HB1746 Enrolled | - 13 - | LRB102 02735 CMG 12738 b |
|
| 1 | | student's individualized education program shall include plans | 2 | | for
(i) determining the student's eligibility for those | 3 | | home-based services, (ii)
enrolling the student in the program | 4 | | of home-based services, and (iii)
developing a plan for the | 5 | | student's most effective use of the home-based
services after | 6 | | the student becomes an adult and no longer receives special
| 7 | | educational services under this Article. The plans developed | 8 | | under this
paragraph shall include specific actions to be | 9 | | taken by specified individuals,
agencies, or officials.
| 10 | | (c) In the development of the individualized education | 11 | | program for a
student who is functionally blind, it shall be | 12 | | presumed that proficiency in
Braille reading and writing is | 13 | | essential for the student's satisfactory
educational progress. | 14 | | For purposes of this subsection, the State Board of
Education | 15 | | shall determine the criteria for a student to be classified as
| 16 | | functionally blind. Students who are not currently identified | 17 | | as
functionally blind who are also entitled to Braille | 18 | | instruction include:
(i) those whose vision loss is so severe | 19 | | that they are unable to read and
write at a level comparable to | 20 | | their peers solely through the use of
vision, and (ii) those | 21 | | who show evidence of progressive vision loss that
may result | 22 | | in functional blindness. Each student who is functionally | 23 | | blind
shall be entitled to Braille reading and writing | 24 | | instruction that is
sufficient to enable the student to | 25 | | communicate with the same level of
proficiency as other | 26 | | students of comparable ability. Instruction should be
provided |
| | | HB1746 Enrolled | - 14 - | LRB102 02735 CMG 12738 b |
|
| 1 | | to the extent that the student is physically and cognitively | 2 | | able
to use Braille. Braille instruction may be used in | 3 | | combination with other
special education services appropriate | 4 | | to the student's educational needs.
The assessment of each | 5 | | student who is functionally blind for the purpose of
| 6 | | developing the student's individualized education program | 7 | | shall include
documentation of the student's strengths and | 8 | | weaknesses in Braille skills.
Each person assisting in the | 9 | | development of the individualized education
program for a | 10 | | student who is functionally blind shall receive information
| 11 | | describing the benefits of Braille instruction. The | 12 | | individualized
education program for each student who is | 13 | | functionally blind shall
specify the appropriate learning | 14 | | medium or media based on the assessment
report.
| 15 | | (d) To the maximum extent appropriate, the placement shall | 16 | | provide the
child with the opportunity to be educated with | 17 | | children who do not have a disability; provided that children | 18 | | with
disabilities who are recommended to be
placed into | 19 | | regular education classrooms are provided with supplementary
| 20 | | services to assist the children with disabilities to benefit
| 21 | | from the regular
classroom instruction and are included on the | 22 | | teacher's regular education class
register. Subject to the | 23 | | limitation of the preceding sentence, placement in
special | 24 | | classes, separate schools or other removal of the child with a | 25 | | disability
from the regular educational environment shall | 26 | | occur only when the nature of
the severity of the disability is |
| | | HB1746 Enrolled | - 15 - | LRB102 02735 CMG 12738 b |
|
| 1 | | such that education in the
regular classes with
the use of | 2 | | supplementary aids and services cannot be achieved | 3 | | satisfactorily.
The placement of English learners with | 4 | | disabilities shall
be in non-restrictive environments which | 5 | | provide for integration with
peers who do not have | 6 | | disabilities in bilingual classrooms. Annually, each January, | 7 | | school districts shall report data on students from | 8 | | non-English
speaking backgrounds receiving special education | 9 | | and related services in
public and private facilities as | 10 | | prescribed in Section 2-3.30. If there
is a disagreement | 11 | | between parties involved regarding the special education
| 12 | | placement of any child, either in-state or out-of-state, the | 13 | | placement is
subject to impartial due process procedures | 14 | | described in Article 10 of the
Rules and Regulations to Govern | 15 | | the Administration and Operation of Special
Education.
| 16 | | (e) No child who comes from a home in which a language | 17 | | other than English
is the principal language used may be | 18 | | assigned to any class or program
under this Article until he | 19 | | has been given, in the principal language
used by the child and | 20 | | used in his home, tests reasonably related to his
cultural | 21 | | environment. All testing and evaluation materials and | 22 | | procedures
utilized for evaluation and placement shall not be | 23 | | linguistically, racially or
culturally discriminatory.
| 24 | | (f) Nothing in this Article shall be construed to require | 25 | | any child to
undergo any physical examination or medical | 26 | | treatment whose parents object thereto on the grounds that |
| | | HB1746 Enrolled | - 16 - | LRB102 02735 CMG 12738 b |
|
| 1 | | such examination or
treatment conflicts with his religious | 2 | | beliefs.
| 3 | | (g) School boards or their designee shall provide to the | 4 | | parents of a child or, if applicable, the Department of | 5 | | Children and Family Services' Office of Education and | 6 | | Transition Services prior written notice of any decision (a) | 7 | | proposing
to initiate or change, or (b) refusing to initiate | 8 | | or change, the
identification, evaluation, or educational | 9 | | placement of the child or the
provision of a free appropriate | 10 | | public education to their child, and the
reasons therefor. For | 11 | | a parent, such Such written notification shall also inform the
| 12 | | parent of the opportunity to present complaints with respect
| 13 | | to any matter relating to the educational placement of the | 14 | | student, or
the provision of a free appropriate public | 15 | | education and to have an
impartial due process hearing on the | 16 | | complaint. The notice shall inform
the parents in the parents' | 17 | | native language,
unless it is clearly not feasible to do so, of | 18 | | their rights and all
procedures available pursuant to this Act | 19 | | and the federal Individuals with Disabilities Education | 20 | | Improvement Act of 2004 (Public Law 108-446); it
shall be the | 21 | | responsibility of the State Superintendent to develop
uniform | 22 | | notices setting forth the procedures available under this Act
| 23 | | and the federal Individuals with Disabilities Education | 24 | | Improvement Act of 2004 (Public Law 108-446) to be used by all | 25 | | school boards. The notice
shall also inform the parents of the | 26 | | availability upon
request of a list of free or low-cost legal |
| | | HB1746 Enrolled | - 17 - | LRB102 02735 CMG 12738 b |
|
| 1 | | and other relevant services
available locally to assist | 2 | | parents in initiating an
impartial due process hearing. The | 3 | | State Superintendent shall revise the uniform notices required | 4 | | by this subsection (g) to reflect current law and procedures | 5 | | at least once every 2 years. Any parent who is deaf, or
does | 6 | | not normally communicate using spoken English, who | 7 | | participates in
a meeting with a representative of a local | 8 | | educational agency for the
purposes of developing an | 9 | | individualized educational program shall be
entitled to the | 10 | | services of an interpreter. The State Board of Education must | 11 | | adopt rules to establish the criteria, standards, and | 12 | | competencies for a bilingual language interpreter who attends | 13 | | an individualized education program meeting under this | 14 | | subsection to assist a parent who has limited English | 15 | | proficiency.
| 16 | | (g-5) For purposes of this subsection (g-5), "qualified | 17 | | professional" means an individual who holds credentials to | 18 | | evaluate the child in the domain or domains for which an | 19 | | evaluation is sought or an intern working under the direct | 20 | | supervision of a qualified professional, including a master's | 21 | | or doctoral degree candidate. | 22 | | To ensure that a parent can participate fully and | 23 | | effectively with school personnel in the development of | 24 | | appropriate educational and related services for his or her | 25 | | child, the parent, an independent educational evaluator, or a | 26 | | qualified professional retained by or on behalf of a parent or |
| | | HB1746 Enrolled | - 18 - | LRB102 02735 CMG 12738 b |
|
| 1 | | child must be afforded reasonable access to educational | 2 | | facilities, personnel, classrooms, and buildings and to the | 3 | | child as provided in this subsection (g-5). The requirements | 4 | | of this subsection (g-5) apply to any public school facility, | 5 | | building, or program and to any facility, building, or program | 6 | | supported in whole or in part by public funds. Prior to | 7 | | visiting a school, school building, or school facility, the | 8 | | parent, independent educational evaluator, or qualified | 9 | | professional may be required by the school district to inform | 10 | | the building principal or supervisor in writing of the | 11 | | proposed visit, the purpose of the visit, and the approximate | 12 | | duration of the visit. The visitor and the school district | 13 | | shall arrange the visit or visits at times that are mutually | 14 | | agreeable. Visitors shall comply with school safety, security, | 15 | | and visitation policies at all times. School district | 16 | | visitation policies must not conflict with this subsection | 17 | | (g-5). Visitors shall be required to comply with the | 18 | | requirements of applicable privacy laws, including those laws | 19 | | protecting the confidentiality of education records such as | 20 | | the federal Family Educational Rights and Privacy Act and the | 21 | | Illinois School Student Records Act. The visitor shall not | 22 | | disrupt the educational process. | 23 | | (1) A parent must be afforded reasonable access of | 24 | | sufficient duration and scope for the purpose of observing | 25 | | his or her child in the child's current educational | 26 | | placement, services, or program or for the purpose of |
| | | HB1746 Enrolled | - 19 - | LRB102 02735 CMG 12738 b |
|
| 1 | | visiting an educational placement or program proposed for | 2 | | the child. | 3 | | (2) An independent educational evaluator or a | 4 | | qualified professional retained by or on behalf of a | 5 | | parent or child must be afforded reasonable access of | 6 | | sufficient duration and scope for the purpose of | 7 | | conducting an evaluation of the child, the child's | 8 | | performance, the child's current educational program, | 9 | | placement, services, or environment, or any educational | 10 | | program, placement, services, or environment proposed for | 11 | | the child, including interviews of educational personnel, | 12 | | child observations, assessments, tests or assessments of | 13 | | the child's educational program, services, or placement or | 14 | | of any proposed educational program, services, or | 15 | | placement. If one or more interviews of school personnel | 16 | | are part of the evaluation, the interviews must be | 17 | | conducted at a mutually agreed upon time, date, and place | 18 | | that do not interfere with the school employee's school | 19 | | duties. The school district may limit interviews to | 20 | | personnel having information relevant to the child's | 21 | | current educational services, program, or placement or to | 22 | | a proposed educational service, program, or placement. | 23 | | (h) (Blank).
| 24 | | (i) (Blank).
| 25 | | (j) (Blank).
| 26 | | (k) (Blank).
|
| | | HB1746 Enrolled | - 20 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (l) (Blank).
| 2 | | (m) (Blank).
| 3 | | (n) (Blank).
| 4 | | (o) (Blank).
| 5 | | (Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18; | 6 | | 100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
| 7 | | (105 ILCS 5/34-18.52) | 8 | | Sec. 34-18.52. DCFS liaison. | 9 | | (a) The board must may appoint at least one employee to act | 10 | | as a liaison to facilitate the enrollment and transfer of | 11 | | records of students in the legal custody of the Department of | 12 | | Children and Family Services when enrolling in or changing | 13 | | schools. The board may appoint any employee of the school | 14 | | district who is licensed under Article 21B of this Code to act | 15 | | as a liaison; however, employees who meet any of the following | 16 | | criteria must be prioritized for appointment: | 17 | | (1) Employees who have worked with mobile student | 18 | | populations or students in foster care. | 19 | | (2) Employees who are familiar with enrollment, record | 20 | | transfers, existing community services, and student | 21 | | support services. | 22 | | (3) Employees who serve as a high-level administrator. | 23 | | (4) Employees who are counselors or have experience | 24 | | with student counseling. | 25 | | (5) Employees who are knowledgeable on child welfare |
| | | HB1746 Enrolled | - 21 - | LRB102 02735 CMG 12738 b |
|
| 1 | | policies. | 2 | | (6) Employees who serve as a school social worker. | 3 | | (b) Liaisons under this Section are encouraged to build | 4 | | capacity and infrastructure within the school district to | 5 | | support students in the legal custody of the Department of | 6 | | Children and Family Services. Liaison responsibilities may | 7 | | include the following: | 8 | | (1) streamlining the enrollment processes for students | 9 | | in foster care; | 10 | | (2) implementing student data tracking and monitoring | 11 | | mechanisms; | 12 | | (3) ensuring that students in the legal custody of the | 13 | | Department of Children and Family Services receive all | 14 | | school nutrition and meal programs available; | 15 | | (4) coordinating student withdrawal from a school, | 16 | | record transfers, and credit recovery; | 17 | | (5) becoming experts on the foster care system and | 18 | | State laws and policies in place that support children | 19 | | under the legal custody of the Department of Children and | 20 | | Family Services; | 21 | | (6) coordinating with child welfare partners; | 22 | | (7) providing foster care-related information and | 23 | | training to the school district; | 24 | | (8) working with the Department of Children and Family | 25 | | Services to help students maintain their school placement, | 26 | | if appropriate; |
| | | HB1746 Enrolled | - 22 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (9) reviewing student schedules to ensure that | 2 | | students are on track to graduate; | 3 | | (10) encouraging a successful transition into | 4 | | adulthood and post-secondary opportunities; | 5 | | (11) encouraging involvement in extracurricular | 6 | | activities; and | 7 | | (12) knowing what support is available within the | 8 | | school district and community for students in the legal | 9 | | custody of the Department of Children and Family Services. | 10 | | (c) The school district is required encouraged to | 11 | | designate a liaison by the beginning of the 2022-2023 | 12 | | 2017-2018 school year. | 13 | | (d) Individuals licensed under Article 21B of this Code | 14 | | acting as a liaison under this Section shall perform the | 15 | | duties of a liaison in addition to existing contractual | 16 | | obligations.
| 17 | | (Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.) | 18 | | (105 ILCS 5/34-18.67 new) | 19 | | Sec. 34-18.67. Parent-teacher conference and other | 20 | | meetings; caseworker. For any student who is in the legal | 21 | | custody of the Department of Children and Family Services, the | 22 | | liaison appointed under Section 34-18.52 must inform the | 23 | | Department's Office of Education and Transition Services of a | 24 | | parent-teacher conference or any other meeting concerning the | 25 | | student that would otherwise involve a parent and must, at the |
| | | HB1746 Enrolled | - 23 - | LRB102 02735 CMG 12738 b |
|
| 1 | | option of the caseworker, allow the student's caseworker to | 2 | | attend the conference or meeting. | 3 | | Section 10. The Illinois School Student Records Act is | 4 | | amended by changing Sections 2, 4, 5, and 6 as follows:
| 5 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 6 | | Sec. 2.
As used in this Act : ,
| 7 | | (a) "Student" means any person enrolled or previously | 8 | | enrolled in a school.
| 9 | | (b) "School" means any public preschool, day care center,
| 10 | | kindergarten, nursery, elementary or secondary educational | 11 | | institution,
vocational school, special educational facility | 12 | | or any other elementary or
secondary educational agency or | 13 | | institution and any person, agency or
institution which | 14 | | maintains school student records from more than one school,
| 15 | | but does not include a private or non-public school.
| 16 | | (c) "State Board" means the State Board of Education.
| 17 | | (d) "School Student Record" means any writing or
other | 18 | | recorded information concerning a student
and by which a | 19 | | student may be individually identified,
maintained by a school | 20 | | or at its direction or by an employee of a
school, regardless | 21 | | of how or where the information is stored.
The following shall | 22 | | not be deemed school student records under
this Act: writings | 23 | | or other recorded information maintained by an
employee of a | 24 | | school or other person at the direction of a school for his or
|
| | | HB1746 Enrolled | - 24 - | LRB102 02735 CMG 12738 b |
|
| 1 | | her exclusive use; provided that all such writings and other | 2 | | recorded
information are destroyed not later than the | 3 | | student's graduation or permanent
withdrawal from the school; | 4 | | and provided further that no such records or
recorded | 5 | | information may be released or disclosed to any person except | 6 | | a person
designated by the school as
a substitute unless they | 7 | | are first incorporated
in a school student record and made | 8 | | subject to all of the
provisions of this Act.
School student | 9 | | records shall not include information maintained by
law | 10 | | enforcement professionals working in the school.
| 11 | | (e) "Student Permanent Record" means the minimum personal
| 12 | | information necessary to a school in the education of the | 13 | | student
and contained in a school student record. Such | 14 | | information
may include the student's name, birth date, | 15 | | address, grades
and grade level, parents' names and addresses, | 16 | | attendance
records, and such other entries as the State Board | 17 | | may
require or authorize.
| 18 | | (f) "Student Temporary Record" means all information | 19 | | contained in
a school student record but not contained in
the | 20 | | student permanent record. Such information may include
family | 21 | | background information, intelligence test scores, aptitude
| 22 | | test scores, psychological and personality test results, | 23 | | teacher
evaluations, and other information of clear relevance | 24 | | to the
education of the student, all subject to regulations of | 25 | | the State Board.
The information shall include information | 26 | | provided under Section 8.6 of the
Abused and Neglected Child |
| | | HB1746 Enrolled | - 25 - | LRB102 02735 CMG 12738 b |
|
| 1 | | Reporting Act and information contained in service logs | 2 | | maintained by a local education agency under subsection (d) of | 3 | | Section 14-8.02f of the School Code.
In addition, the student | 4 | | temporary record shall include information regarding
serious | 5 | | disciplinary infractions that resulted in expulsion, | 6 | | suspension, or the
imposition of punishment or sanction. For | 7 | | purposes of this provision, serious
disciplinary infractions | 8 | | means: infractions involving drugs, weapons, or bodily
harm to | 9 | | another.
| 10 | | (g) "Parent" means a person who is the natural parent of | 11 | | the
student or other person who has the primary responsibility | 12 | | for the
care and upbringing of the student. All rights and | 13 | | privileges accorded
to a parent under this Act shall become | 14 | | exclusively those of the student
upon his 18th birthday, | 15 | | graduation from secondary school, marriage
or entry into | 16 | | military service, whichever occurs first. Such
rights and | 17 | | privileges may also be exercised by the student
at any time | 18 | | with respect to the student's permanent school record.
| 19 | | (h) "Department" means the Department of Children and | 20 | | Family Services. | 21 | | (Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
| 22 | | (105 ILCS 10/4) (from Ch. 122, par. 50-4)
| 23 | | Sec. 4.
(a) Each school shall designate an official | 24 | | records
custodian who is responsible for the maintenance, care | 25 | | and security
of all school student records, whether or not |
| | | HB1746 Enrolled | - 26 - | LRB102 02735 CMG 12738 b |
|
| 1 | | such records are
in his personal custody or control.
| 2 | | (b) The official records custodian shall take all
| 3 | | reasonable measures to prevent unauthorized access to or
| 4 | | dissemination of school student records.
| 5 | | (c) Information contained in or added to a school student
| 6 | | record shall be limited to information which is of clear | 7 | | relevance
to the education of the student.
| 8 | | (d) Information added to a student temporary record
after | 9 | | the effective date of this Act shall include the name,
| 10 | | signature and position of the person who has added such
| 11 | | information and the date of its entry into the record.
| 12 | | (e) Each school shall maintain student permanent records | 13 | | and the
information contained therein for not less than 60 | 14 | | years after the
student has transferred, graduated or | 15 | | otherwise permanently withdrawn
from the school.
| 16 | | (f) Each school shall maintain student temporary records | 17 | | and the
information contained in those records for not less | 18 | | than 5 years
after the
student has transferred, graduated, or | 19 | | otherwise withdrawn from the school.
However, student | 20 | | temporary records shall not be
disclosed except as provided in | 21 | | Section 5 or 6 or by court order. A school may maintain
| 22 | | indefinitely anonymous information from student temporary | 23 | | records
for authorized research, statistical reporting or | 24 | | planning purposes,
provided that no student or parent can be | 25 | | individually identified
from the information maintained.
| 26 | | (g) The principal of each school or the person with like
|
| | | HB1746 Enrolled | - 27 - | LRB102 02735 CMG 12738 b |
|
| 1 | | responsibilities or his or her designate shall periodically
| 2 | | review each student temporary record for verification of
| 3 | | entries and elimination or correction of all inaccurate,
| 4 | | misleading, unnecessary or irrelevant information. The State
| 5 | | Board shall issue regulations to govern the periodic review of | 6 | | the
student temporary records and length of time for | 7 | | maintenance of entries to such
records.
| 8 | | (h) Before any school student record is destroyed or
| 9 | | information deleted therefrom, the parent or the student, if | 10 | | the rights and privileges accorded to the parent under this | 11 | | Act have been transferred to the student, and, if the student | 12 | | is in the legal custody of the Department of Children and | 13 | | Family Services, the Department's Office of Education and | 14 | | Transition Services shall be given reasonable
prior notice in | 15 | | accordance with rules
adopted by the State Board and an
| 16 | | opportunity to copy the record and information proposed to be | 17 | | destroyed or
deleted. A school may provide reasonable prior | 18 | | notice under this subsection to a parent or student through | 19 | | (i) notice in the school's parent or student handbook, (ii) | 20 | | publication in a newspaper published in the school district | 21 | | or, if no newspaper is published in the school district, in a | 22 | | newspaper of general circulation within the school district, | 23 | | (iii) U.S. mail delivered to the last known address of the | 24 | | parent or student, or (iv) other means provided the notice is | 25 | | confirmed to have been received.
| 26 | | (i) No school shall be required to separate permanent
and |
| | | HB1746 Enrolled | - 28 - | LRB102 02735 CMG 12738 b |
|
| 1 | | temporary school student records of a student not enrolled
in | 2 | | such school on or after the effective date of this Act
or to | 3 | | destroy any such records, or comply with the provisions
of | 4 | | paragraph (g) of this Section with respect to such records, | 5 | | except (1)
in accordance with the request of the parent that | 6 | | any or all of such actions
be taken in compliance with the | 7 | | provisions of this Act or (2) in accordance
with regulations | 8 | | adopted by the State Board.
| 9 | | (Source: P.A. 101-161, eff. 1-1-20 .)
| 10 | | (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| 11 | | Sec. 5.
(a) A parent or any person specifically designated | 12 | | as
a representative by a parent and, if the child is in the | 13 | | legal custody of the Department of Children and Family | 14 | | Services, the Department's Office of Education and Transition | 15 | | Services shall have the right to inspect and
copy all school | 16 | | student permanent and temporary records of that
parent's | 17 | | child. A student shall have the right to inspect and copy
his | 18 | | or her school student permanent record. No person who is | 19 | | prohibited
by an order of protection from inspecting or | 20 | | obtaining school records of a
student pursuant to the Illinois | 21 | | Domestic Violence Act of 1986, as now or
hereafter amended, | 22 | | shall have any right of access to, or inspection of, the
school | 23 | | records of that student. If a school's principal or person | 24 | | with
like responsibilities or his designee has knowledge of | 25 | | such order of
protection, the school shall prohibit access or |
| | | HB1746 Enrolled | - 29 - | LRB102 02735 CMG 12738 b |
|
| 1 | | inspection of the student's
school records by such person.
| 2 | | (b) Whenever access to any person is granted pursuant
to | 3 | | paragraph (a) of this Section, at the option of that person | 4 | | either the parent or the school ,
a qualified professional, who | 5 | | may be a psychologist, counsellor or
other advisor, and who | 6 | | may be an employee of the school or employed
by the parent or | 7 | | the Department , may be present to interpret the information | 8 | | contained
in the student temporary record. If the school | 9 | | requires that a
professional be present, the school shall | 10 | | secure and bear any cost of the
presence of the professional. | 11 | | If the parent or the Department so requests, the school
shall | 12 | | secure and bear any cost of the presence of a professional
| 13 | | employed by the school.
| 14 | | (c) A parent's or student's or, if applicable, the | 15 | | Department's Office of Education and Transition Services' | 16 | | request to inspect and copy records,
or to allow a | 17 | | specifically designated representative to inspect and
copy | 18 | | records, must be granted within a reasonable time, and in no | 19 | | case later
than 10 business days after the date of receipt of | 20 | | such request by the
official records custodian.
| 21 | | (c-5) The time for response under this Section may be | 22 | | extended by the school district by not more than 5 business | 23 | | days from the original due date for any of the following | 24 | | reasons: | 25 | | (1) the requested records are stored in whole or in
| 26 | | part at other locations than the office having charge of |
| | | HB1746 Enrolled | - 30 - | LRB102 02735 CMG 12738 b |
|
| 1 | | the requested records; | 2 | | (2) the request requires the collection of a
| 3 | | substantial number of specified records; | 4 | | (3) the request is couched in categorical terms and
| 5 | | requires an extensive search for the records responsive to | 6 | | it; | 7 | | (4) the requested records have not been located in
the | 8 | | course of routine search and additional efforts are being | 9 | | made to locate them; | 10 | | (5) the request for records cannot be complied with
by | 11 | | the school district within the time limits prescribed by | 12 | | subsection (c) of this Section without unduly burdening or | 13 | | interfering with the operations of the school district; or | 14 | | (6) there is a need for consultation, which shall
be | 15 | | conducted with all practicable speed, with another public | 16 | | body or school district or among 2 or more components of a | 17 | | public body or school district having a substantial | 18 | | interest in the determination or in the subject matter of | 19 | | the request. | 20 | | The person making a request and the school district may | 21 | | agree in writing to extend the time for compliance for a period | 22 | | to be determined by the parties. If the requester and the | 23 | | school district agree to extend the period for compliance, a | 24 | | failure by the school district to comply with any previous | 25 | | deadlines shall not be treated as a denial of the request for | 26 | | the records. |
| | | HB1746 Enrolled | - 31 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (d) The school may charge its reasonable costs for the
| 2 | | copying of school student records, not to exceed the amounts | 3 | | fixed
in schedules adopted by the State Board, to any person | 4 | | permitted
to copy such records, except that no parent or | 5 | | student shall be
denied a copy of school student records as | 6 | | permitted under this
Section 5 for inability to bear the cost | 7 | | of such copying.
| 8 | | (e) Nothing contained in this Section 5 shall make
| 9 | | available to a parent or student or, if applicable, the | 10 | | Department's Office of Education and Transition Services | 11 | | confidential letters and
statements of recommendation | 12 | | furnished in connection with
applications for employment to a | 13 | | post-secondary educational
institution or the receipt of an | 14 | | honor or honorary recognition,
provided such letters and | 15 | | statements are not used for purposes
other than those for | 16 | | which they were specifically intended, and
| 17 | | (1) were placed in a school student record
prior to | 18 | | January 1, 1975; or
| 19 | | (2) the student has waived access thereto after
being | 20 | | advised of his right to obtain upon request the names
of | 21 | | all such persons making such confidential recommendations.
| 22 | | (f) Nothing contained in this Act shall be construed to
| 23 | | impair or limit the confidentiality of:
| 24 | | (1) Communications otherwise protected by law
as | 25 | | privileged or confidential, including but not limited to,
| 26 | | information communicated in confidence to a physician, |
| | | HB1746 Enrolled | - 32 - | LRB102 02735 CMG 12738 b |
|
| 1 | | psychologist or other
psychotherapist, school social | 2 | | worker, school counselor, school psychologist, or school | 3 | | social worker, school counselor, or school psychologist | 4 | | intern who works under the direct supervision of a school | 5 | | social worker, school counselor, or school psychologist; | 6 | | or
| 7 | | (2) Information which is communicated by a student
or | 8 | | parent in confidence to school personnel; or
| 9 | | (3) Information which is communicated by a student, | 10 | | parent, or guardian to
a law enforcement professional | 11 | | working in the school, except as provided by
court order.
| 12 | | (g) No school employee shall be subjected to adverse | 13 | | employment action, the threat of adverse employment action, or | 14 | | any manner of discrimination
because the employee is acting or | 15 | | has acted to protect communications as privileged or | 16 | | confidential pursuant to applicable provisions of State or | 17 | | federal law or rule or regulation. | 18 | | (Source: P.A. 100-532, eff. 9-22-17.)
| 19 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 20 | | Sec. 6. (a) No school student records or information
| 21 | | contained therein may be released, transferred, disclosed or | 22 | | otherwise
disseminated, except as follows:
| 23 | | (1) to a parent or student or person specifically
| 24 | | designated as a representative by a parent, as provided in | 25 | | paragraph (a)
of Section 5;
|
| | | HB1746 Enrolled | - 33 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (2) to an employee or official of the school or
school | 2 | | district or State Board with current demonstrable | 3 | | educational
or administrative interest in the student, in | 4 | | furtherance of such interest;
| 5 | | (3) to the official records custodian of another | 6 | | school within
Illinois or an official with similar | 7 | | responsibilities of a school
outside Illinois, in which | 8 | | the student has enrolled, or intends to enroll,
upon the | 9 | | request of such official or student;
| 10 | | (4) to any person for the purpose of research,
| 11 | | statistical reporting, or planning, provided that such | 12 | | research, statistical reporting, or planning is | 13 | | permissible under and undertaken in accordance with the | 14 | | federal Family Educational Rights and Privacy Act (20 | 15 | | U.S.C. 1232g);
| 16 | | (5) pursuant to a court order, provided that the
| 17 | | parent shall be given prompt written notice upon receipt
| 18 | | of such order of the terms of the order, the nature and
| 19 | | substance of the information proposed to be released
in | 20 | | compliance with such order and an opportunity to
inspect | 21 | | and copy the school student records and to
challenge their | 22 | | contents pursuant to Section 7;
| 23 | | (6) to any person as specifically required by State
or | 24 | | federal law;
| 25 | | (6.5) to juvenile authorities
when necessary for the | 26 | | discharge of their official duties
who request information |
| | | HB1746 Enrolled | - 34 - | LRB102 02735 CMG 12738 b |
|
| 1 | | prior to
adjudication of the student and who certify in | 2 | | writing that the information
will not be disclosed to any | 3 | | other party except as provided under law or order
of | 4 | | court. For purposes of this Section "juvenile authorities" | 5 | | means:
(i) a judge of
the circuit court and members of the | 6 | | staff of the court designated by the
judge; (ii) parties | 7 | | to the proceedings under the Juvenile Court Act of 1987 | 8 | | and
their attorneys; (iii) probation
officers and court | 9 | | appointed advocates for the juvenile authorized by the | 10 | | judge
hearing the case; (iv) any individual, public or | 11 | | private agency having custody
of the child pursuant to | 12 | | court order; (v) any individual, public or private
agency | 13 | | providing education, medical or mental health service to | 14 | | the child when
the requested information is needed to | 15 | | determine the appropriate service or
treatment for the | 16 | | minor; (vi) any potential placement provider when such
| 17 | | release
is authorized by the court for the limited purpose | 18 | | of determining the
appropriateness of the potential | 19 | | placement; (vii) law enforcement officers and
prosecutors;
| 20 | | (viii) adult and juvenile prisoner review boards; (ix) | 21 | | authorized military
personnel; (x)
individuals authorized | 22 | | by court;
| 23 | | (7) subject to regulations of the State Board,
in | 24 | | connection with an emergency, to appropriate persons
if | 25 | | the knowledge of such information is necessary to protect
| 26 | | the health or safety of the student or other
persons;
|
| | | HB1746 Enrolled | - 35 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (8) to any person, with the prior specific dated
| 2 | | written consent of the parent designating the person
to | 3 | | whom the records may be released, provided that at
the | 4 | | time any such consent is requested or obtained,
the parent | 5 | | shall be advised in writing that he has the right
to | 6 | | inspect and copy such records in accordance with Section | 7 | | 5, to
challenge their contents in accordance with Section | 8 | | 7 and to limit any such
consent to
designated records or | 9 | | designated portions of the information contained
therein;
| 10 | | (9) to a governmental agency, or social service agency | 11 | | contracted by a
governmental agency, in furtherance of an | 12 | | investigation of a student's school
attendance pursuant to | 13 | | the compulsory student attendance laws of this State,
| 14 | | provided that the records are released to the employee or | 15 | | agent designated by
the agency;
| 16 | | (10) to those SHOCAP committee members who fall within | 17 | | the meaning of
"state and local officials and | 18 | | authorities", as those terms are used within the
meaning | 19 | | of the federal Family Educational Rights and Privacy Act, | 20 | | for
the
purposes of identifying serious habitual juvenile | 21 | | offenders and matching those
offenders with community | 22 | | resources pursuant to Section 5-145 of the Juvenile
Court | 23 | | Act of 1987, but only to the extent that the release, | 24 | | transfer,
disclosure, or dissemination is consistent with | 25 | | the Family Educational Rights
and Privacy Act;
| 26 | | (11) to the Department of Healthcare and Family |
| | | HB1746 Enrolled | - 36 - | LRB102 02735 CMG 12738 b |
|
| 1 | | Services in furtherance of the
requirements of Section | 2 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 3 | | Section 10 of the School Breakfast and Lunch
Program Act; | 4 | | or
| 5 | | (12) to the State Board or another State government | 6 | | agency or between or among State government agencies in | 7 | | order to evaluate or audit federal and State programs or | 8 | | perform research and planning, but only to the extent that | 9 | | the release, transfer, disclosure, or dissemination is | 10 | | consistent with the federal Family Educational Rights and | 11 | | Privacy Act (20 U.S.C. 1232g) ; or . | 12 | | (13) if the student is in the legal custody of the | 13 | | Department of Children and Family Services, to the | 14 | | Department's Office of Education and Transition Services. | 15 | | (b) No information may be released pursuant to | 16 | | subparagraph (3) or
(6) of paragraph (a) of this Section 6 | 17 | | unless the parent receives
prior written notice of the nature | 18 | | and substance of the information
proposed to be released, and | 19 | | an opportunity to inspect
and copy such records in accordance | 20 | | with Section 5 and to
challenge their contents in accordance | 21 | | with Section 7. Provided, however,
that such notice shall be | 22 | | sufficient if published in a local newspaper of
general | 23 | | circulation or other publication directed generally to the | 24 | | parents
involved where the proposed release of information is | 25 | | pursuant to
subparagraph (6) of paragraph (a) of this Section | 26 | | 6 and relates to more
than 25 students.
|
| | | HB1746 Enrolled | - 37 - | LRB102 02735 CMG 12738 b |
|
| 1 | | (c) A record of any release of information pursuant
to | 2 | | this Section must be made and kept as a part of the
school | 3 | | student record and subject to the access granted by Section 5.
| 4 | | Such record of release shall be maintained for the life of the
| 5 | | school student records and shall be available only to the | 6 | | parent
and the official records custodian.
Each record of | 7 | | release shall also include:
| 8 | | (1) the nature and substance of the information | 9 | | released;
| 10 | | (2) the name and signature of the official records
| 11 | | custodian releasing such information;
| 12 | | (3) the name of the person requesting such | 13 | | information,
the capacity in which such a request has been | 14 | | made, and the purpose of such
request;
| 15 | | (4) the date of the release; and
| 16 | | (5) a copy of any consent to such release.
| 17 | | (d) Except for the student and his or her parents or, if | 18 | | applicable, the Department's Office of Education and | 19 | | Transition Services , no person
to whom information is released | 20 | | pursuant to this Section
and no person specifically designated | 21 | | as a representative by a parent
may permit any other person to | 22 | | have access to such information without a prior
consent of the | 23 | | parent obtained in accordance with the requirements
of | 24 | | subparagraph (8) of paragraph (a) of this Section.
| 25 | | (e) Nothing contained in this Act shall prohibit the
| 26 | | publication of student directories which list student names, |
| | | HB1746 Enrolled | - 38 - | LRB102 02735 CMG 12738 b |
|
| 1 | | addresses
and other identifying information and similar | 2 | | publications which
comply with regulations issued by the State | 3 | | Board.
| 4 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2022.
| | | | HB1746 Enrolled | - 39 - | LRB102 02735 CMG 12738 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/10-20.59 | | | 4 | | 105 ILCS 5/10-20.73 new | | | 5 | | 105 ILCS 5/10-21.8 | from Ch. 122, par. 10-21.8 | | 6 | | 105 ILCS 5/13B-60.10 | | | 7 | | 105 ILCS 5/14-8.02 | from Ch. 122, par. 14-8.02 | | 8 | | 105 ILCS 5/34-18.52 | | | 9 | | 105 ILCS 5/34-18.67 new | | | 10 | | 105 ILCS 10/2 | from Ch. 122, par. 50-2 | | 11 | | 105 ILCS 10/4 | from Ch. 122, par. 50-4 | | 12 | | 105 ILCS 10/5 | from Ch. 122, par. 50-5 | | 13 | | 105 ILCS 10/6 | from Ch. 122, par. 50-6 |
| |
|