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91_HB1816
LRB9104519NTsb
1 AN ACT to amend the Illinois School Student Records Act
2 by changing Section 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois School Student Records Act is
6 amended by changing Section 6 as follows:
7 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 6. (a) No school student records or information
10 contained therein may be released, transferred, disclosed or
11 otherwise disseminated, except as follows:
12 (1) To a parent or student or person specifically
13 designated as a representative by a parent, as provided
14 in paragraph (a) of Section 5;
15 (2) To an employee or official of the school or
16 school district or State Board with current demonstrable
17 educational or administrative interest in the student, in
18 furtherance of such interest;
19 (3) To the official records custodian of another
20 school within Illinois or an official with similar
21 responsibilities of a school outside Illinois, in which
22 the student has enrolled, or intends to enroll, upon the
23 request of such official or student;
24 (4) To any person for the purpose of research,
25 statistical reporting or planning, provided that no
26 student or parent can be identified from the information
27 released and the person to whom the information is
28 released signs an affidavit agreeing to comply with all
29 applicable statutes and rules pertaining to school
30 student records;
31 (5) Pursuant to a court order, provided that the
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1 parent shall be given prompt written notice upon receipt
2 of such order of the terms of the order, the nature and
3 substance of the information proposed to be released in
4 compliance with such order and an opportunity to inspect
5 and copy the school student records and to challenge
6 their contents pursuant to Section 7;
7 (6) To any person as specifically required by State
8 or federal law;
9 (7) Subject to regulations of the State Board, in
10 connection with an emergency, to appropriate persons if
11 the knowledge of such information is necessary to protect
12 the health or safety of the student or other persons;
13 (8) To any person, with the prior specific dated
14 written consent of the parent designating the person to
15 whom the records may be released, provided that at the
16 time any such consent is requested or obtained, the
17 parent shall be advised in writing that he has the right
18 to inspect and copy such records in accordance with
19 Section 5, to challenge their contents in accordance with
20 Section 7 and to limit any such consent to designated
21 records or designated portions of the information
22 contained therein; or
23 (9) To a governmental agency, or social service
24 agency contracted by a governmental agency, in
25 furtherance of an investigation of a student's school
26 attendance pursuant to the compulsory student attendance
27 laws of this State, provided that the records are
28 released to the employee or agent designated by the
29 agency; or.
30 (10) To a SHOCAP committee or a representative of
31 that committee, for the purpose of identifying serious
32 habitual juvenile offenders and matching serious habitual
33 juvenile offenders with community resources, pursuant to
34 Section 5-145 of the Juvenile Court Act of 1987.
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1 (b) No information may be released pursuant to
2 subparagraphs (3) or (6) of paragraph (a) of this Section 6
3 unless the parent receives prior written notice of the nature
4 and substance of the information proposed to be released, and
5 an opportunity to inspect and copy such records in accordance
6 with Section 5 and to challenge their contents in accordance
7 with Section 7. Provided, however, that such notice shall be
8 sufficient if published in a local newspaper of general
9 circulation or other publication directed generally to the
10 parents involved where the proposed release of information is
11 pursuant to subparagraph 6 of paragraph (a) in this Section 6
12 and relates to more than 25 students.
13 (c) A record of any release of information pursuant to
14 this Section must be made and kept as a part of the school
15 student record and subject to the access granted by Section
16 5. Such record of release shall be maintained for the life of
17 the school student records and shall be available only to the
18 parent and the official records custodian. Each record of
19 release shall also include:
20 (1) The nature and substance of the information
21 released;
22 (2) The name and signature of the official records
23 custodian releasing such information;
24 (3) The name of the person requesting such
25 information, the capacity in which such a request has
26 been made, and the purpose of such request;
27 (4) The date of the release; and
28 (5) A copy of any consent to such release.
29 (d) Except for the student and his parents, no person to
30 whom information is released pursuant to this Section and no
31 person specifically designated as a representative by a
32 parent may permit any other person to have access to such
33 information without a prior consent of the parent obtained in
34 accordance with the requirements of subparagraph (8) of
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1 paragraph (a) of this Section.
2 (e) Nothing contained in this Act shall prohibit the
3 publication of student directories which list student names,
4 addresses and other identifying information and similar
5 publications which comply with regulations issued by the
6 State Board.
7 (Source: P.A. 90-566, eff. 1-2-98.)
8 (Text of Section after amendment by P.A. 90-590)
9 Sec. 6. (a) No school student records or information
10 contained therein may be released, transferred, disclosed or
11 otherwise disseminated, except as follows:
12 (1) To a parent or student or person specifically
13 designated as a representative by a parent, as provided
14 in paragraph (a) of Section 5;
15 (2) To an employee or official of the school or
16 school district or State Board with current demonstrable
17 educational or administrative interest in the student, in
18 furtherance of such interest;
19 (3) To the official records custodian of another
20 school within Illinois or an official with similar
21 responsibilities of a school outside Illinois, in which
22 the student has enrolled, or intends to enroll, upon the
23 request of such official or student;
24 (4) To any person for the purpose of research,
25 statistical reporting or planning, provided that no
26 student or parent can be identified from the information
27 released and the person to whom the information is
28 released signs an affidavit agreeing to comply with all
29 applicable statutes and rules pertaining to school
30 student records;
31 (5) Pursuant to a court order, provided that the
32 parent shall be given prompt written notice upon receipt
33 of such order of the terms of the order, the nature and
34 substance of the information proposed to be released in
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1 compliance with such order and an opportunity to inspect
2 and copy the school student records and to challenge
3 their contents pursuant to Section 7;
4 (6) To any person as specifically required by State
5 or federal law;
6 (6.5) To juvenile authorities when necessary for
7 the discharge of their official duties who request
8 information prior to adjudication of the student and who
9 certify in writing that the information will not be
10 disclosed to any other party except as provided under law
11 or order of court. For purposes of this Section
12 "juvenile authorities" means: (i) a judge of the circuit
13 court and members of the staff of the court designated by
14 the judge; (ii) parties to the proceedings under the
15 Juvenile Court Act of 1987 and their attorneys; (iii)
16 probation officers and court appointed advocates for the
17 juvenile authorized by the judge hearing the case; (iv)
18 any individual, public or private agency having custody
19 of the child pursuant to court order; (v) any individual,
20 public or private agency providing education, medical or
21 mental health service to the child when the requested
22 information is needed to determine the appropriate
23 service or treatment for the minor; (vi) any potential
24 placement provider when such release is authorized by the
25 court for the limited purpose of determining the
26 appropriateness of the potential placement; (vii) law
27 enforcement officers and prosecutors; (viii) adult and
28 juvenile prisoner review boards; (ix) authorized military
29 personnel; (x) individuals authorized by court;
30 (7) Subject to regulations of the State Board, in
31 connection with an emergency, to appropriate persons if
32 the knowledge of such information is necessary to protect
33 the health or safety of the student or other persons;
34 (8) To any person, with the prior specific dated
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1 written consent of the parent designating the person to
2 whom the records may be released, provided that at the
3 time any such consent is requested or obtained, the
4 parent shall be advised in writing that he has the right
5 to inspect and copy such records in accordance with
6 Section 5, to challenge their contents in accordance with
7 Section 7 and to limit any such consent to designated
8 records or designated portions of the information
9 contained therein; or
10 (9) To a governmental agency, or social service
11 agency contracted by a governmental agency, in
12 furtherance of an investigation of a student's school
13 attendance pursuant to the compulsory student attendance
14 laws of this State, provided that the records are
15 released to the employee or agent designated by the
16 agency; or.
17 (10) To a SHOCAP committee or a representative of
18 that committee, for the purpose of identifying serious
19 habitual juvenile offenders and matching serious habitual
20 juvenile offenders with community resources, pursuant to
21 Section 5-145 of the Juvenile Court Act of 1987.
22 (b) No information may be released pursuant to
23 subparagraphs (3) or (6) of paragraph (a) of this Section 6
24 unless the parent receives prior written notice of the nature
25 and substance of the information proposed to be released, and
26 an opportunity to inspect and copy such records in accordance
27 with Section 5 and to challenge their contents in accordance
28 with Section 7. Provided, however, that such notice shall be
29 sufficient if published in a local newspaper of general
30 circulation or other publication directed generally to the
31 parents involved where the proposed release of information is
32 pursuant to subparagraph 6 of paragraph (a) in this Section 6
33 and relates to more than 25 students.
34 (c) A record of any release of information pursuant to
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1 this Section must be made and kept as a part of the school
2 student record and subject to the access granted by Section
3 5. Such record of release shall be maintained for the life of
4 the school student records and shall be available only to the
5 parent and the official records custodian. Each record of
6 release shall also include:
7 (1) The nature and substance of the information
8 released;
9 (2) The name and signature of the official records
10 custodian releasing such information;
11 (3) The name of the person requesting such
12 information, the capacity in which such a request has
13 been made, and the purpose of such request;
14 (4) The date of the release; and
15 (5) A copy of any consent to such release.
16 (d) Except for the student and his parents, no person to
17 whom information is released pursuant to this Section and no
18 person specifically designated as a representative by a
19 parent may permit any other person to have access to such
20 information without a prior consent of the parent obtained in
21 accordance with the requirements of subparagraph (8) of
22 paragraph (a) of this Section.
23 (e) Nothing contained in this Act shall prohibit the
24 publication of student directories which list student names,
25 addresses and other identifying information and similar
26 publications which comply with regulations issued by the
27 State Board.
28 (Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00;
29 revised 9-16-98.)
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.