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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB3055eng HB3055 Engrossed LRB9206349DJpr 1 AN ACT in relation to children. 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 8 records custodian who is responsible for the maintenance, 9 care and security of all school student records, whether or 10 not such 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 15 student record shall be limited to information which is of 16 clear relevance to the education of the student but shall 17 include information provided under Section 8.6 of the Abused 18 and Neglected Child Reporting Act. 19 (d) Information added to a student temporary record 20 after the effective date of this Act shall include the name, 21 signature and position of the person who has added such 22 information and the date of its entry into the record. 23 (e) Each school shall maintain student permanent records 24 and the information contained therein for not less than 60 25 years after the student has transferred, graduated or 26 otherwise permanently withdrawn from the school. 27 (f) Each school shall maintain student temporary records 28 and the information contained in those records for not less 29 than 5 years after the student has transferred, graduated, or 30 otherwise withdrawn from the school. However, student 31 temporary records shall not be disclosed except as provided HB3055 Engrossed -2- LRB9206349DJpr 1 in Section 5 or 6 or by court order. A school may maintain 2 indefinitely anonymous information from student temporary 3 records for authorized research, statistical reporting or 4 planning purposes, provided that no student or parent can be 5 individually identified from the information maintained. 6 (g) The principal of each school or the person with like 7 responsibilities or his or her designate shall periodically 8 review each student temporary record for verification of 9 entries and elimination or correction of all inaccurate, 10 misleading, unnecessary or irrelevant information. The State 11 Board shall issue regulations to govern the periodic review 12 of the student temporary records and length of time for 13 maintenance of entries to such records. 14 (h) Before any school student record is destroyed or 15 information deleted therefrom, the parent shall be given 16 reasonable prior notice at his or her last known address in 17 accordance with regulations adopted by the State Board and an 18 opportunity to copy the record and information proposed to be 19 destroyed or deleted. 20 (i) No school shall be required to separate permanent 21 and temporary school student records of a student not 22 enrolled in such school on or after the effective date of 23 this Act or to destroy any such records, or comply with the 24 provisions of paragraph (g) of this Section with respect to 25 such records, except (1) in accordance with the request of 26 the parent that any or all of such actions be taken in 27 compliance with the provisions of this Act or (2) in 28 accordance with regulations adopted by the State Board. 29 (Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.) 30 Section 10. The Abused and Neglected Child Reporting Act 31 is amended by changing Sections 7.8 and 7.9 and adding 32 Section 8.6 as follows: HB3055 Engrossed -3- LRB9206349DJpr 1 (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8) 2 Sec. 7.8. Upon receiving an oral or written report of 3 suspected child abuse or neglect, the Department shall 4 immediately notify, either orally or electronically, the 5 Child Protective Service Unit of a previous report concerning 6 a subject of the present report or other pertinent 7 information. In addition, upon satisfactory identification 8 procedures, to be established by Department regulation, any 9 person authorized to have access to records under Section 10 11.1 relating to child abuse and neglect may request and 11 shall be immediately provided the information requested in 12 accordance with this Act. However, no information shall be 13 released unless it prominently states the report is 14 "indicated", and only information from "indicated" reports 15 shall be released, except that information concerning pending 16 reports may be released to any person authorized under 17 paragraphs (1), (2), (3),and(11), and (12) of Section 11.1. 18 In addition, State's Attorneys are authorized to receive 19 unfounded reports for prosecution purposes related to the 20 transmission of false reports of child abuse or neglect in 21 violation of subsection (a), paragraph (7) of Section 26-1 of 22 the Criminal Code of 1961 and guardians ad litem appointed 23 under Article II of the Juvenile Court Act of 1987 shall 24 receive the classified reports set forth in Section 7.14 of 25 this Act in conformance with paragraph (19) of Section 11.1 26 and Section 7.14 of this Act. The names and other identifying 27 data and the dates and the circumstances of any persons 28 requesting or receiving information from the central register 29 shall be entered in the register record. 30 (Source: P.A. 86-904; 86-1293; 87-649.) 31 (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) 32 Sec. 7.9. The Department shall prepare, print, and 33 distribute initial, preliminary, and final reporting forms to HB3055 Engrossed -4- LRB9206349DJpr 1 each Child Protective Service Unit. Initial written reports 2 from the reporting source shall contain the following 3 information to the extent known at the time the report is 4 made: (1) the names and addresses of the child and his 5 parents or other persons responsible for his welfare; (1.5) 6 the name and address of the school that the child attends (or 7 the school that the child last attended, if the report is 8 written during the summer when school is not in session), and 9 the name of the school district in which the school is 10 located, if applicable; (2) the child's age, sex, and race; 11 (3) the nature and extent of the child's abuse or neglect, 12 including any evidence of prior injuries, abuse, or neglect 13 of the child or his siblings; (4) the names of the persons 14 apparently responsible for the abuse or neglect; (5) family 15 composition, including names, ages, sexes, and races of other 16 children in the home; (6) the name of the person making the 17 report, his occupation, and where he can be reached; (7) the 18 actions taken by the reporting source, including the taking 19 of photographs and x-rays, placing the child in temporary 20 protective custody, or notifying the medical examiner or 21 coroner; (8) and any other information the person making the 22 report believes might be helpful in the furtherance of the 23 purposes of this Act. 24 (Source: P.A. 84-611.) 25 (325 ILCS 5/8.6 new) 26 Sec. 8.6. Reports to child's school. Within 10 days after 27 completing an investigation of alleged abuse or neglect under 28 this Act, the Child Protective Service Unit shall send a copy 29 of its final report on the investigation to the school that 30 the child who is the subject of the report attends (or the 31 school that the child last attended, if the report is sent 32 during the summer when school is not in session). HB3055 Engrossed -5- LRB9206349DJpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.