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91_HB1816ren HB1816 Re-Enrolled 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 HB1816 Re-Enrolled -2- LRB9104519NTsb 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;or23 (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 those SHOCAP committee members who fall 31 within the meaning of "state and local officials and 32 authorities", as those terms are used within the meaning 33 of the federal Family Educational Rights and Privacy Act, 34 for the purposes of identifying serious habitual juvenile HB1816 Re-Enrolled -3- LRB9104519NTsb 1 offenders and matching those offenders with community 2 resources pursuant to Section 5-145 of the Juvenile Court 3 Act of 1987, but only to the extent that the release, 4 transfer, disclosure, or dissemination is consistent with 5 the Family Educational Rights and Privacy Act. 6 (b) No information may be released pursuant to 7 subparagraphs (3) or (6) of paragraph (a) of this Section 6 8 unless the parent receives prior written notice of the nature 9 and substance of the information proposed to be released, and 10 an opportunity to inspect and copy such records in accordance 11 with Section 5 and to challenge their contents in accordance 12 with Section 7. Provided, however, that such notice shall be 13 sufficient if published in a local newspaper of general 14 circulation or other publication directed generally to the 15 parents involved where the proposed release of information is 16 pursuant to subparagraph 6 of paragraph (a) in this Section 6 17 and relates to more than 25 students. 18 (c) A record of any release of information pursuant to 19 this Section must be made and kept as a part of the school 20 student record and subject to the access granted by Section 21 5. Such record of release shall be maintained for the life of 22 the school student records and shall be available only to the 23 parent and the official records custodian. Each record of 24 release shall also include: 25 (1) The nature and substance of the information 26 released; 27 (2) The name and signature of the official records 28 custodian releasing such information; 29 (3) The name of the person requesting such 30 information, the capacity in which such a request has 31 been made, and the purpose of such request; 32 (4) The date of the release; and 33 (5) A copy of any consent to such release. 34 (d) Except for the student and his parents, no person to HB1816 Re-Enrolled -4- LRB9104519NTsb 1 whom information is released pursuant to this Section and no 2 person specifically designated as a representative by a 3 parent may permit any other person to have access to such 4 information without a prior consent of the parent obtained in 5 accordance with the requirements of subparagraph (8) of 6 paragraph (a) of this Section. 7 (e) Nothing contained in this Act shall prohibit the 8 publication of student directories which list student names, 9 addresses and other identifying information and similar 10 publications which comply with regulations issued by the 11 State Board. 12 (Source: P.A. 90-566, eff. 1-2-98.) 13 (Text of Section after amendment by P.A. 90-590) 14 Sec. 6. (a) No school student records or information 15 contained therein may be released, transferred, disclosed or 16 otherwise disseminated, except as follows: 17 (1) To a parent or student or person specifically 18 designated as a representative by a parent, as provided 19 in paragraph (a) of Section 5; 20 (2) To an employee or official of the school or 21 school district or State Board with current demonstrable 22 educational or administrative interest in the student, in 23 furtherance of such interest; 24 (3) To the official records custodian of another 25 school within Illinois or an official with similar 26 responsibilities of a school outside Illinois, in which 27 the student has enrolled, or intends to enroll, upon the 28 request of such official or student; 29 (4) To any person for the purpose of research, 30 statistical reporting or planning, provided that no 31 student or parent can be identified from the information 32 released and the person to whom the information is 33 released signs an affidavit agreeing to comply with all 34 applicable statutes and rules pertaining to school HB1816 Re-Enrolled -5- LRB9104519NTsb 1 student records; 2 (5) Pursuant to a court order, provided that the 3 parent shall be given prompt written notice upon receipt 4 of such order of the terms of the order, the nature and 5 substance of the information proposed to be released in 6 compliance with such order and an opportunity to inspect 7 and copy the school student records and to challenge 8 their contents pursuant to Section 7; 9 (6) To any person as specifically required by State 10 or federal law; 11 (6.5) To juvenile authorities when necessary for 12 the discharge of their official duties who request 13 information prior to adjudication of the student and who 14 certify in writing that the information will not be 15 disclosed to any other party except as provided under law 16 or order of court. For purposes of this Section 17 "juvenile authorities" means: (i) a judge of the circuit 18 court and members of the staff of the court designated by 19 the judge; (ii) parties to the proceedings under the 20 Juvenile Court Act of 1987 and their attorneys; (iii) 21 probation officers and court appointed advocates for the 22 juvenile authorized by the judge hearing the case; (iv) 23 any individual, public or private agency having custody 24 of the child pursuant to court order; (v) any individual, 25 public or private agency providing education, medical or 26 mental health service to the child when the requested 27 information is needed to determine the appropriate 28 service or treatment for the minor; (vi) any potential 29 placement provider when such release is authorized by the 30 court for the limited purpose of determining the 31 appropriateness of the potential placement; (vii) law 32 enforcement officers and prosecutors; (viii) adult and 33 juvenile prisoner review boards; (ix) authorized military 34 personnel; (x) individuals authorized by court; HB1816 Re-Enrolled -6- LRB9104519NTsb 1 (7) Subject to regulations of the State Board, in 2 connection with an emergency, to appropriate persons if 3 the knowledge of such information is necessary to protect 4 the health or safety of the student or other persons; 5 (8) To any person, with the prior specific dated 6 written consent of the parent designating the person to 7 whom the records may be released, provided that at the 8 time any such consent is requested or obtained, the 9 parent shall be advised in writing that he has the right 10 to inspect and copy such records in accordance with 11 Section 5, to challenge their contents in accordance with 12 Section 7 and to limit any such consent to designated 13 records or designated portions of the information 14 contained therein;or15 (9) To a governmental agency, or social service 16 agency contracted by a governmental agency, in 17 furtherance of an investigation of a student's school 18 attendance pursuant to the compulsory student attendance 19 laws of this State, provided that the records are 20 released to the employee or agent designated by the 21 agency; or.22 (10) To those SHOCAP committee members who fall 23 within the meaning of "state and local officials and 24 authorities", as those terms are used within the meaning 25 of the federal Family Educational Rights and Privacy Act, 26 for the purposes of identifying serious habitual juvenile 27 offenders and matching those offenders with community 28 resources pursuant to Section 5-145 of the Juvenile Court 29 Act of 1987, but only to the extent that the release, 30 transfer, disclosure, or dissemination is consistent with 31 the Family Educational Rights and Privacy Act. 32 (b) No information may be released pursuant to 33 subparagraphs (3) or (6) of paragraph (a) of this Section 6 34 unless the parent receives prior written notice of the nature HB1816 Re-Enrolled -7- LRB9104519NTsb 1 and substance of the information proposed to be released, and 2 an opportunity to inspect and copy such records in accordance 3 with Section 5 and to challenge their contents in accordance 4 with Section 7. Provided, however, that such notice shall be 5 sufficient if published in a local newspaper of general 6 circulation or other publication directed generally to the 7 parents involved where the proposed release of information is 8 pursuant to subparagraph 6 of paragraph (a) in this Section 6 9 and relates to more than 25 students. 10 (c) A record of any release of information pursuant to 11 this Section must be made and kept as a part of the school 12 student record and subject to the access granted by Section 13 5. Such record of release shall be maintained for the life of 14 the school student records and shall be available only to the 15 parent and the official records custodian. Each record of 16 release shall also include: 17 (1) The nature and substance of the information 18 released; 19 (2) The name and signature of the official records 20 custodian releasing such information; 21 (3) The name of the person requesting such 22 information, the capacity in which such a request has 23 been made, and the purpose of such request; 24 (4) The date of the release; and 25 (5) A copy of any consent to such release. 26 (d) Except for the student and his parents, no person to 27 whom information is released pursuant to this Section and no 28 person specifically designated as a representative by a 29 parent may permit any other person to have access to such 30 information without a prior consent of the parent obtained in 31 accordance with the requirements of subparagraph (8) of 32 paragraph (a) of this Section. 33 (e) Nothing contained in this Act shall prohibit the 34 publication of student directories which list student names, HB1816 Re-Enrolled -8- LRB9104519NTsb 1 addresses and other identifying information and similar 2 publications which comply with regulations issued by the 3 State Board. 4 (Source: P.A. 90-566, eff. 1-2-98; 90-590, eff. 1-1-00; 5 revised 9-16-98.) 6 Section 95. No acceleration or delay. Where this Act 7 makes changes in a statute that is represented in this Act by 8 text that is not yet or no longer in effect (for example, a 9 Section represented by multiple versions), the use of that 10 text does not accelerate or delay the taking effect of (i) 11 the changes made by this Act or (ii) provisions derived from 12 any other Public Act. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.