Full Text of HB3254 101st General Assembly
HB3254 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3254 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 105 ILCS 10/4 | from Ch. 122, par. 50-4 |
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Amends the Illinois School Student Records Act. Provides that if the rights and privileges accorded to a parent under the Act have been transferred to a student, a school must give reasonable prior notice to the student (rather than the parent) before any school student record is destroyed or any information is deleted from that record. Provides that a school may provide reasonable prior notice to a parent or student through (i) notice in the school's student handbook, (ii) publication in a newspaper of general circulation within the school district, or (iii) U.S. mail delivered to the last known address of the parent or student.
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| | A BILL FOR |
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| 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 Illinois School Student Records Act is | 5 | | amended by changing Section 4 as follows:
| 6 | | (105 ILCS 10/4) (from Ch. 122, par. 50-4)
| 7 | | Sec. 4.
(a) Each school shall designate an official records
| 8 | | custodian who is responsible for the maintenance, care and | 9 | | security
of all school student records, whether or not such | 10 | | records are
in his personal custody or control.
| 11 | | (b) The official records custodian shall take all
| 12 | | reasonable measures to prevent unauthorized access to or
| 13 | | dissemination of school student records.
| 14 | | (c) Information contained in or added to a school student
| 15 | | record shall be limited to information which is of clear | 16 | | relevance
to the education of the student.
| 17 | | (d) Information added to a student temporary record
after | 18 | | the effective date of this Act shall include the name,
| 19 | | signature and position of the person who has added such
| 20 | | information and the date of its entry into the record.
| 21 | | (e) Each school shall maintain student permanent records | 22 | | and the
information contained therein for not less than 60 | 23 | | years after the
student has transferred, graduated or otherwise |
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| 1 | | permanently withdrawn
from the school.
| 2 | | (f) Each school shall maintain student temporary records | 3 | | and the
information contained in those records for not less | 4 | | than 5 years
after the
student has transferred, graduated, or | 5 | | otherwise withdrawn from the school.
However, student | 6 | | temporary records shall not be
disclosed except as provided in | 7 | | Section 5 or 6 or by court order. A school may maintain
| 8 | | indefinitely anonymous information from student temporary | 9 | | records
for authorized research, statistical reporting or | 10 | | planning purposes,
provided that no student or parent can be | 11 | | individually identified
from the information maintained.
| 12 | | (g) The principal of each school or the person with like
| 13 | | responsibilities or his or her designate shall periodically
| 14 | | review each student temporary record for verification of
| 15 | | entries and elimination or correction of all inaccurate,
| 16 | | misleading, unnecessary or irrelevant information. The State
| 17 | | Board shall issue regulations to govern the periodic review of | 18 | | the
student temporary records and length of time for | 19 | | maintenance of entries to such
records.
| 20 | | (h) Before any school student record is destroyed or
| 21 | | information deleted therefrom, the parent or the student, if | 22 | | the rights and privileges accorded to the parent under this Act | 23 | | have been transferred to the student, shall be given reasonable
| 24 | | prior notice at his or her last known address in accordance | 25 | | with rules
regulations adopted by the State Board and an
| 26 | | opportunity to copy the record and information proposed to be |
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| 1 | | destroyed or
deleted. A school may provide reasonable prior | 2 | | notice under this subsection to a parent or student through (i) | 3 | | notice in the school's student handbook, (ii) publication in a | 4 | | newspaper of general circulation within the school district, or | 5 | | (iii) U.S. mail delivered to the last known address of the | 6 | | parent or student.
| 7 | | (i) No school shall be required to separate permanent
and | 8 | | temporary school student records of a student not enrolled
in | 9 | | such school on or after the effective date of this Act
or to | 10 | | destroy any such records, or comply with the provisions
of | 11 | | paragraph (g) of this Section with respect to such records, | 12 | | except (1)
in accordance with the request of the parent that | 13 | | any or all of such actions
be taken in compliance with the | 14 | | provisions of this Act or (2) in accordance
with regulations | 15 | | adopted by the State Board.
| 16 | | (Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)
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