(105 ILCS 10/9) (from Ch. 122, par. 50-9)
Sec. 9.
(a) Any person aggrieved by any violation of
this Act may institute an action for injunctive relief in the Circuit
Court of the County in which the violation has occurred or the Circuit
Court of the County in which the school is located.
(b) Any person injured by a wilful or negligent violation of
this Act may institute an action for damages in the Circuit Court of the
County in which the violation has occurred or the Circuit Court of the
County in which the school is located.
(c) In the case of any successful action under paragraph (a) or
(b) of this Section, any person or school found to have wilfully
or negligently violated any provision of this Act is liable to the
plaintiff for the plaintiff's damages, the costs of the action and
reasonable attorneys' fees, as determined by the Court.
(d) Actions for injunctive relief to secure compliance
with this Act may be brought by the State Board, by the State's
Attorney of the County in which the alleged violation has occurred or the
State's Attorney of the County in which the school is located, in each
case in the Circuit Court of such County.
(e) Wilful failure to comply with any Section of this Act
is a petty offense; except that any person who wilfully and maliciously
falsifies any school student record, student permanent record or student
temporary record shall be guilty of a Class A misdemeanor.
(f) Absent proof of malice, no cause of action or claim for relief,
civil or criminal, may be maintained against any school, or employee or
official of a school or person acting at the direction of a school for
any statement made or judgment expressed in any entry to a school student
record of a type which does not violate this Act or the regulations
issued by the State Board pursuant to this Act; provided that this
paragraph (f) does not limit or deny any defense available
under existing law.
(Source: P.A. 84-712.)
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