Full Text of HB4558 098th General Assembly
HB4558eng 98TH GENERAL ASSEMBLY |
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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 Sections 2 and 6 as follows:
| 6 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 7 | | Sec. 2.
As used in this Act,
| 8 | | (a) "Student" means any person enrolled or previously | 9 | | enrolled in a school.
| 10 | | (b) "School" means any public preschool, day care center,
| 11 | | 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.
| 17 | | (c) "State Board" means the State Board of Education.
| 18 | | (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. "School Student | 23 | | Record" includes the following information used by or assigned |
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| 1 | | to an individual student: (i) any unique identification number; | 2 | | (ii) any unique user name, other than the student's name | 3 | | itself; and (iii) any other unique information used to identify | 4 | | an individual student.
The following shall not be deemed school | 5 | | student records under
this Act: writings or other recorded | 6 | | information maintained by an
employee of a school or other | 7 | | person at the direction of a school for his or
her exclusive | 8 | | use; provided that all such writings and other recorded
| 9 | | information are destroyed not later than the student's | 10 | | graduation or permanent
withdrawal from the school; and | 11 | | provided further that no such records or
recorded information | 12 | | may be released or disclosed to any person except a person
| 13 | | designated by the school as
a substitute unless they are first | 14 | | incorporated
in a school student record and made subject to all | 15 | | of the
provisions of this Act.
School student records shall not | 16 | | include information maintained by
law enforcement | 17 | | professionals working in the school.
| 18 | | (e) "Student Permanent Record" means the minimum personal
| 19 | | information necessary to a school in the education of the | 20 | | student
and contained in a school student record. Such | 21 | | information
may include the student's name, birth date, | 22 | | address, grades
and grade level, parents' names and addresses, | 23 | | attendance
records, and such other entries as the State Board | 24 | | may
require or authorize.
| 25 | | (f) "Student Temporary Record" means all information | 26 | | contained in
a school student record but not contained in
the |
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| 1 | | student permanent record. Such information may include
family | 2 | | background information, intelligence test scores, aptitude
| 3 | | test scores, psychological and personality test results, | 4 | | teacher
evaluations, and other information of clear relevance | 5 | | to the
education of the student, all subject to regulations of | 6 | | the State Board.
The information shall include information | 7 | | provided under Section 8.6 of the
Abused and Neglected Child | 8 | | Reporting Act.
In addition, the student temporary record shall | 9 | | include information regarding
serious disciplinary infractions | 10 | | that resulted in expulsion, suspension, or the
imposition of | 11 | | punishment or sanction. For purposes of this provision, serious
| 12 | | disciplinary infractions means: infractions involving drugs, | 13 | | weapons, or bodily
harm to another.
| 14 | | (g) "Parent" means a person who is the natural parent of | 15 | | the
student or other person who has the primary responsibility | 16 | | for the
care and upbringing of the student. All rights and | 17 | | privileges accorded
to a parent under this Act shall become | 18 | | exclusively those of the student
upon his 18th birthday, | 19 | | graduation from secondary school, marriage
or entry into | 20 | | military service, whichever occurs first. Such
rights and | 21 | | privileges may also be exercised by the student
at any time | 22 | | with respect to the student's permanent school record.
| 23 | | (h) "Eligible Student" means a student who has reached 18 | 24 | | years of age. | 25 | | (Source: P.A. 92-295, eff. 1-1-02.)
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| 1 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 2 | | Sec. 6. (a) No school student records or information
| 3 | | contained therein may be released, transferred, disclosed or | 4 | | otherwise
disseminated, except as follows:
| 5 | | (1) To a parent or student or person specifically
| 6 | | designated as a representative by a parent, as provided in | 7 | | paragraph (a)
of Section 5;
| 8 | | (2) To an employee or official of the school or
school | 9 | | district or State Board with current demonstrable | 10 | | educational
or administrative interest in the student, in | 11 | | furtherance of such interest;
| 12 | | (3) To the official records custodian of another school | 13 | | within
Illinois or an official with similar | 14 | | responsibilities of a school
outside Illinois, in which the | 15 | | student has enrolled, or intends to enroll,
upon the | 16 | | request of such official or student;
| 17 | | (4) To any person or entity for the purpose of | 18 | | research,
statistical reporting, or planning, audit, or | 19 | | evaluation, provided that (i) such research, statistical | 20 | | reporting, or planning , audit, or evaluation is | 21 | | permissible under and undertaken in accordance with the | 22 | | federal Family Educational Rights and Privacy Act (20 | 23 | | U.S.C. 1232g) and (ii) the parent or eligible student | 24 | | provides prior, specific, dated, written consent | 25 | | designating the person to whom the records may be released | 26 | | and, at the time any such consent is requested or obtained, |
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| 1 | | the parent or eligible student is first advised in writing | 2 | | of the specific purpose of the release, transfer, | 3 | | disclosure, or dissemination and has the right to inspect | 4 | | and copy such records in accordance with Section 5 of this | 5 | | Act, to challenge their contents in accordance with Section | 6 | | 7 of this Act, and to limit any such consent to designated | 7 | | records or designated portions of the information | 8 | | contained in the records. For purposes of this subparagraph | 9 | | (4), a separate, prior, specific, dated, written consent | 10 | | shall be required from the parent or eligible student for | 11 | | each release, transfer, disclosure, or dissemination of | 12 | | school student records or information ;
| 13 | | (5) Pursuant to a court order, provided that the
parent | 14 | | shall be given prompt written notice upon receipt
of such | 15 | | order of the terms of the order, the nature and
substance | 16 | | of the information proposed to be released
in compliance | 17 | | with such order and an opportunity to
inspect and copy the | 18 | | school student records and to
challenge their contents | 19 | | pursuant to Section 7;
| 20 | | (6) To any person as specifically required by State
or | 21 | | federal law;
| 22 | | (6.5) To juvenile authorities
when necessary for the | 23 | | discharge of their official duties
who request information | 24 | | prior to
adjudication of the student and who certify in | 25 | | writing that the information
will not be disclosed to any | 26 | | other party except as provided under law or order
of court. |
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| 1 | | For purposes of this Section "juvenile authorities" means:
| 2 | | (i) a judge of
the circuit court and members of the staff | 3 | | of the court designated by the
judge; (ii) parties to the | 4 | | proceedings under the Juvenile Court Act of 1987 and
their | 5 | | attorneys; (iii) probation
officers and court appointed | 6 | | advocates for the juvenile authorized by the judge
hearing | 7 | | the case; (iv) any individual, public or private agency | 8 | | having custody
of the child pursuant to court order; (v) | 9 | | any individual, public or private
agency providing | 10 | | education, medical or mental health service to the child | 11 | | when
the requested information is needed to determine the | 12 | | appropriate service or
treatment for the minor; (vi) any | 13 | | potential placement provider when such
release
is | 14 | | authorized by the court for the limited purpose of | 15 | | determining the
appropriateness of the potential | 16 | | placement; (vii) law enforcement officers and
prosecutors;
| 17 | | (viii) adult and juvenile prisoner review boards; (ix) | 18 | | authorized military
personnel; (x)
individuals authorized | 19 | | by court;
| 20 | | (7) Subject to regulations of the State Board,
in | 21 | | connection with an emergency, to appropriate persons
if the | 22 | | knowledge of such information is necessary to protect
the | 23 | | health or safety of the student or other
persons;
| 24 | | (8) To any person, with the prior specific dated
| 25 | | written consent of the parent designating the person
to | 26 | | whom the records may be released, provided that at
the time |
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| 1 | | any such consent is requested or obtained,
the parent shall | 2 | | be advised in writing that he has the right
to inspect and | 3 | | copy such records in accordance with Section 5, to
| 4 | | challenge their contents in accordance with Section 7 and | 5 | | to limit any such
consent to
designated records or | 6 | | designated portions of the information contained
therein;
| 7 | | (9) To a governmental agency, or social service agency | 8 | | contracted by a
governmental agency, in furtherance of an | 9 | | investigation of a student's school
attendance pursuant to | 10 | | the compulsory student attendance laws of this State,
| 11 | | provided that the records are released to the employee or | 12 | | agent designated by
the agency;
| 13 | | (10) To those SHOCAP committee members who fall within | 14 | | the meaning of
"state and local officials and authorities", | 15 | | as those terms are used within the
meaning of the federal | 16 | | Family Educational Rights and Privacy Act, for
the
purposes | 17 | | of identifying serious habitual juvenile offenders and | 18 | | matching those
offenders with community resources pursuant | 19 | | to Section 5-145 of the Juvenile
Court Act of 1987, but | 20 | | only to the extent that the release, transfer,
disclosure, | 21 | | or dissemination is consistent with the Family Educational | 22 | | Rights
and Privacy Act;
| 23 | | (11) To the Department of Healthcare and Family | 24 | | Services in furtherance of the
requirements of Section | 25 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 26 | | Section 10 of the School Breakfast and Lunch
Program Act; |
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| 1 | | or
| 2 | | (12) To the State Board or another State government | 3 | | agency or between or among State government agencies in | 4 | | order to evaluate or audit federal and State programs or | 5 | | perform research and planning, but only to the extent that | 6 | | the release, transfer, disclosure, or dissemination is | 7 | | consistent with the federal Family Educational Rights and | 8 | | Privacy Act (20 U.S.C. 1232g). | 9 | | (b) No information may be released pursuant to | 10 | | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 11 | | unless the parent receives
prior written notice of the nature | 12 | | and substance of the information
proposed to be released, and | 13 | | an opportunity to inspect
and copy such records in accordance | 14 | | with Section 5 and to
challenge their contents in accordance | 15 | | with Section 7. Provided, however,
that such notice shall be | 16 | | sufficient if published in a local newspaper of
general | 17 | | circulation or other publication directed generally to the | 18 | | parents
involved where the proposed release of information is | 19 | | pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | 20 | | and relates to more
than 25 students.
| 21 | | (c) A record of any release of information pursuant
to this | 22 | | Section must be made and kept as a part of the
school student | 23 | | record and subject to the access granted by Section 5.
Such | 24 | | record of release shall be maintained for the life of the
| 25 | | school student records and shall be available only to the | 26 | | parent
and the official records custodian.
Each record of |
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| 1 | | release shall also include:
| 2 | | (1) The nature and substance of the information | 3 | | released;
| 4 | | (2) The name and signature of the official records
| 5 | | custodian releasing such information;
| 6 | | (3) The name of the person requesting such information,
| 7 | | the capacity in which such a request has been made, and the | 8 | | purpose of such
request;
| 9 | | (4) The date of the release; and
| 10 | | (5) A copy of any consent to such release.
| 11 | | (d) Except for the student and his parents, no person
to | 12 | | whom information is released pursuant to this Section
and no | 13 | | person specifically designated as a representative by a parent
| 14 | | may permit any other person to have access to such information | 15 | | without a prior
consent of the parent obtained in accordance | 16 | | with the requirements
of subparagraph (8) of paragraph (a) of | 17 | | this Section.
| 18 | | (e) Nothing contained in this Act shall prohibit the
| 19 | | publication of student directories which list student names, | 20 | | addresses
and other identifying information and similar | 21 | | publications which
comply with regulations issued by the State | 22 | | Board.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 24 | | 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10.)
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