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Public Act 101-0161 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois School Student Records Act is | ||||
amended by changing Section 4 as follows:
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(105 ILCS 10/4) (from Ch. 122, par. 50-4)
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Sec. 4.
(a) Each school shall designate an official records
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custodian who is responsible for the maintenance, care and | ||||
security
of all school student records, whether or not such | ||||
records are
in his personal custody or control.
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(b) The official records custodian shall take all
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reasonable measures to prevent unauthorized access to or
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dissemination of school student records.
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(c) Information contained in or added to a school student
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record shall be limited to information which is of clear | ||||
relevance
to the education of the student.
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(d) Information added to a student temporary record
after | ||||
the effective date of this Act shall include the name,
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signature and position of the person who has added such
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information and the date of its entry into the record.
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(e) Each school shall maintain student permanent records | ||||
and the
information contained therein for not less than 60 | ||||
years after the
student has transferred, graduated or otherwise |
permanently withdrawn
from the school.
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(f) Each school shall maintain student temporary records | ||
and the
information contained in those records for not less | ||
than 5 years
after the
student has transferred, graduated, or | ||
otherwise withdrawn from the school.
However, student | ||
temporary records shall not be
disclosed except as provided in | ||
Section 5 or 6 or by court order. A school may maintain
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indefinitely anonymous information from student temporary | ||
records
for authorized research, statistical reporting or | ||
planning purposes,
provided that no student or parent can be | ||
individually identified
from the information maintained.
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(g) The principal of each school or the person with like
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responsibilities or his or her designate shall periodically
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review each student temporary record for verification of
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entries and elimination or correction of all inaccurate,
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misleading, unnecessary or irrelevant information. The State
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Board shall issue regulations to govern the periodic review of | ||
the
student temporary records and length of time for | ||
maintenance of entries to such
records.
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(h) Before any school student record is destroyed or
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information deleted therefrom, the parent or the student, if | ||
the rights and privileges accorded to the parent under this Act | ||
have been transferred to the student, shall be given reasonable
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prior notice at his or her last known address in accordance | ||
with rules
regulations adopted by the State Board and an
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opportunity to copy the record and information proposed to be |
destroyed or
deleted. A school may provide reasonable prior | ||
notice under this subsection to a parent or student through (i) | ||
notice in the school's parent or student handbook, (ii) | ||
publication in a newspaper published in the school district or, | ||
if no newspaper is published in the school district, in a | ||
newspaper of general circulation within the school district, | ||
(iii) U.S. mail delivered to the last known address of the | ||
parent or student, or (iv) other means provided the notice is | ||
confirmed to have been received.
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(i) No school shall be required to separate permanent
and | ||
temporary school student records of a student not enrolled
in | ||
such school on or after the effective date of this Act
or to | ||
destroy any such records, or comply with the provisions
of | ||
paragraph (g) of this Section with respect to such records, | ||
except (1)
in accordance with the request of the parent that | ||
any or all of such actions
be taken in compliance with the | ||
provisions of this Act or (2) in accordance
with regulations | ||
adopted by the State Board.
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(Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)
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