Public Act 93-0404

SB490 Enrolled                       LRB093 10639 NHT 10946 b

    AN ACT regarding schools.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The School Code is amended by adding Sections
2-3.131,  3-14.29,  10-28,  22-35,  and 34-18.26 and changing
Section 3-14 as follows:

    (105 ILCS 5/2-3.131 new)
    Sec.  2-3.131.  Sharing  information  on   school   lunch
applicants.   The  State  Board  of Education shall, whenever
requested by the Department of Public Aid, agree  in  writing
with  the  Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as  provided
in Title XIX of the federal Social Security Act and the State
Children's  Health Insurance Program as provided in Title XXI
of the  federal  Social  Security  Act)  to  share  with  the
Department  of  Public Aid information on applicants for free
or reduced-price lunches. This sharing of  information  shall
be  for  the sole purpose of helping the Department of Public
Aid  identify  and  enroll  children  in  the  State  Medical
Assistance Program or the State Children's  Health  Insurance
Program   or   both   as   allowed   under   42  U.S.C.  Sec.
1758(b)(2)(C)(iii)(IV) and under the restrictions  set  forth
in  42  U.S.C.  Sec.  1758(b)(2)(C)(vi)  and (vii). The State
Board of Education may not adopt any rule that would prohibit
a child from receiving any form of subsidy or benefit due  to
his  or  her  parent  or  guardian  withholding consent under
Section 22-35 of this Code.

    (105 ILCS 5/3-14) (from Ch. 122, par. 3-14)
    Sec.  3-14.  Duties  of  regional  superintendent.    The
regional  superintendent  of schools shall perform the duties
enumerated in the following Sections preceding  Section  3-15
3-14.1 through 3-14.25.
(Source: P.A. 83-503.)

    (105 ILCS 5/3-14.29 new)
    Sec.   3-14.29.  Sharing   information  on  school  lunch
applicants.  Whenever requested by the Department  of  Public
Aid,  to  agree  in writing with the Department of Public Aid
(as the State  agency  that  administers  the  State  Medical
Assistance  Program  as  provided in Title XIX of the federal
Social Security Act and the State Children's Health Insurance
Program as provided  in  Title  XXI  of  the  federal  Social
Security  Act)  to  share  with  the Department of Public Aid
information on applicants for free or reduced-price  lunches.
This  sharing of information shall be for the sole purpose of
helping the Department of  Public  Aid  identify  and  enroll
children in the State Medical Assistance Program or the State
Children's  Health Insurance Program or both as allowed under
42  U.S.C.  Sec.   1758(b)(2)(C)(iii)(IV)   and   under   the
restrictions  set  forth  in 42 U.S.C. Sec. 1758(b)(2)(C)(vi)
and (vii).

    (105 ILCS 5/10-28 new)
    Sec.  10-28.  Sharing   information   on   school   lunch
applicants.  A  school board shall, whenever requested by the
Department  of  Public  Aid,  agree  in  writing   with   the
Department   of   Public   Aid  (as  the  State  agency  that
administers the State Medical Assistance Program as  provided
in Title XIX of the federal Social Security Act and the State
Children's  Health Insurance Program as provided in Title XXI
of the  federal  Social  Security  Act)  to  share  with  the
Department  of  Public Aid information on applicants for free
or reduced-price lunches.  A  school  board  shall,  whenever
requested  by  the  Department of Public Aid, require each of
its schools to agree in writing with the Department of Public
Aid to share with the Department of Public Aid information on
applicants for free or reduced-price lunches. This sharing of
information shall be for the  sole  purpose  of  helping  the
Department  of Public Aid identify and enroll children in the
State Medical Assistance  Program  or  the  State  Children's
Health  Insurance  Program or both as allowed under 42 U.S.C.
Sec. 1758(b)(2)(C)(iii)(IV) and under  the  restrictions  set
forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

    (105 ILCS 5/22-35 new)
    Sec.   22-35.  Sharing   information   on   school  lunch
applicants;  consent.   Before  an  entity  shares  with  the
Department of Public Aid information on an applicant for free
or reduced-price  lunches  under  Section  2-3.131,  3-14.29,
10-28,  or  34-18.26 of this Code or Section 10 of the School
Breakfast and Lunch Program Act, that entity must obtain,  in
writing,  the  consent  of  the  applicant's  parent or legal
guardian. The Department of  Public  Aid  may  not  seek  any
punitive  action  against  or withhold any benefit or subsidy
from an applicant for a free or reduced-price  lunch  due  to
the applicant's parent or legal guardian withholding consent.

    (105 ILCS 5/34-18.26 new)
    Sec.   34-18.26.  Sharing  information  on  school  lunch
applicants.  The  board  shall,  whenever  requested  by  the
Department  of  Public  Aid,  agree  in  writing   with   the
Department   of   Public   Aid  (as  the  State  agency  that
administers the State Medical Assistance Program as  provided
in Title XIX of the federal Social Security Act and the State
Children's  Health Insurance Program as provided in Title XXI
of the  federal  Social  Security  Act)  to  share  with  the
Department  of  Public Aid information on applicants for free
or  reduced-price  lunches.    The  board   shall,   whenever
requested  by  the  Department of Public Aid, require each of
its schools to agree in writing with the Department of Public
Aid to share with the Department of Public Aid information on
applicants for free or reduced-price lunches.   This  sharing
of  information  shall be for the sole purpose of helping the
Department of Public Aid identify and enroll children in  the
State  Medical  Assistance  Program  or  the State Children's
Health Insurance Program or both as allowed under  42  U.S.C.
Sec.  1758(b)(2)(C)(iii)(IV)  and  under the restrictions set
forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).

    Section 7.  The Illinois School Student  Records  Act  is
amended by changing Section 6 as follows:

    (105 ILCS 10/6) (from Ch. 122, par. 50-6)
    Sec.  6.   (a)   No school student records or information
contained therein may be released, transferred, disclosed  or
otherwise disseminated, except as follows:
         (1)  To  a  parent or student or person specifically
    designated as a representative by a parent,  as  provided
    in paragraph (a) of Section 5;
         (2)  To  an  employee  or  official of the school or
    school district or State Board with current  demonstrable
    educational or administrative interest in the student, in
    furtherance of such interest;
         (3)  To  the  official  records custodian of another
    school  within  Illinois  or  an  official  with  similar
    responsibilities of a school outside Illinois,  in  which
    the  student has enrolled, or intends to enroll, upon the
    request of such official or student;
         (4)  To any person  for  the  purpose  of  research,
    statistical  reporting  or  planning,  provided  that  no
    student  or parent can be identified from the information
    released and  the  person  to  whom  the  information  is
    released  signs  an affidavit agreeing to comply with all
    applicable  statutes  and  rules  pertaining  to   school
    student records;
         (5)  Pursuant  to  a  court order, provided that the
    parent shall be given prompt written notice upon  receipt
    of  such  order of the terms of the order, the nature and
    substance of the information proposed to be  released  in
    compliance  with such order and an opportunity to inspect
    and copy the school  student  records  and  to  challenge
    their contents pursuant to Section 7;
         (6)  To any person as specifically required by State
    or federal law;
         (6.5)  To  juvenile  authorities  when necessary for
    the  discharge  of  their  official  duties  who  request
    information prior to adjudication of the student and  who
    certify  in  writing  that  the  information  will not be
    disclosed to any other party except as provided under law
    or  order  of  court.   For  purposes  of  this   Section
    "juvenile  authorities" means: (i) a judge of the circuit
    court and members of the staff of the court designated by
    the judge; (ii) parties  to  the  proceedings  under  the
    Juvenile  Court  Act  of  1987 and their attorneys; (iii)
    probation officers and court appointed advocates for  the
    juvenile  authorized by the judge hearing the case;  (iv)
    any individual, public or private agency  having  custody
    of the child pursuant to court order; (v) any individual,
    public  or private agency providing education, medical or
    mental health service to the  child  when  the  requested
    information   is  needed  to  determine  the  appropriate
    service or treatment for the minor;  (vi)  any  potential
    placement provider when such release is authorized by the
    court   for   the  limited  purpose  of  determining  the
    appropriateness of the  potential  placement;  (vii)  law
    enforcement  officers  and  prosecutors; (viii) adult and
    juvenile prisoner review boards; (ix) authorized military
    personnel; (x) individuals authorized by court;
         (7)  Subject to regulations of the State  Board,  in
    connection  with  an emergency, to appropriate persons if
    the knowledge of such information is necessary to protect
    the health or safety of the student or other persons;
         (8)  To any person, with the  prior  specific  dated
    written  consent  of the parent designating the person to
    whom the records may be released, provided  that  at  the
    time  any  such  consent  is  requested  or obtained, the
    parent shall be advised in writing that he has the  right
    to  inspect  and  copy  such  records  in accordance with
    Section 5, to challenge their contents in accordance with
    Section 7 and to limit any  such  consent  to  designated
    records   or   designated  portions  of  the  information
    contained therein;
         (9)  To a governmental  agency,  or  social  service
    agency   contracted   by   a   governmental   agency,  in
    furtherance of an investigation  of  a  student's  school
    attendance  pursuant to the compulsory student attendance
    laws  of  this  State,  provided  that  the  records  are
    released to the  employee  or  agent  designated  by  the
    agency; or
         (10)  To  those  SHOCAP  committee  members who fall
    within the meaning of  "state  and  local  officials  and
    authorities",  as those terms are used within the meaning
    of the federal Family Educational Rights and Privacy Act,
    for the purposes of identifying serious habitual juvenile
    offenders and matching  those  offenders  with  community
    resources pursuant to Section 5-145 of the Juvenile Court
    Act  of  1987,  but  only to the extent that the release,
    transfer, disclosure, or dissemination is consistent with
    the Family Educational Rights and Privacy Act; or.
         (11)  To the Department of Public Aid in furtherance
    of the requirements of Section 2-3.131,  3-14.29,  10-28,
    or  34-18.26  of  the  School  Code  or Section 10 of the
    School Breakfast and Lunch Program Act.
    (b)  No  information  may   be   released   pursuant   to
subparagraphs   (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in  accordance
with Section 7.  Provided, however, that such notice shall be
sufficient  if  published  in  a  local  newspaper of general
circulation or other publication directed  generally  to  the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
    (c)  A  record  of any release of information pursuant to
this Section must be made and kept as a part  of  the  school
student  record  and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records  custodian.  Each  record  of
release shall also include:
         (1)  The  nature  and  substance  of the information
    released;
         (2)  The name and signature of the official  records
    custodian releasing such information;
         (3)  The   name   of   the  person  requesting  such
    information, the capacity in which  such  a  request  has
    been made, and the purpose of such request;
         (4)  The date of the release; and
         (5)  A copy of any consent to such release.
    (d)  Except for the student and his parents, no person to
whom  information is released pursuant to this Section and no
person specifically  designated  as  a  representative  by  a
parent  may  permit  any  other person to have access to such
information without a prior consent of the parent obtained in
accordance with  the  requirements  of  subparagraph  (8)  of
paragraph (a) of this Section.
    (e)  Nothing  contained  in  this  Act shall prohibit the
publication of student directories which list student  names,
addresses  and  other  identifying  information  and  similar
publications  which  comply  with  regulations  issued by the
State Board.
(Source: P.A.  90-566,  eff.  1-2-98;  90-590,  eff.  1-1-00;
91-357, eff. 7-29-99; 91-665, eff. 12-22-99.)

    Section  10.   The School Breakfast and Lunch Program Act
is amended by adding Section 10 as follows:

    (105 ILCS 125/10 new)
    Sec. 10.  Sharing information on school lunch applicants.
Each  private  school  that  receives  funds  for   free   or
reduced-price   lunches   under   this  Act  shall,  whenever
requested by the Department of Public Aid, agree  in  writing
with  the  Department of Public Aid (as the State agency that
administers the State Medical Assistance Program as  provided
in Title XIX of the federal Social Security Act and the State
Children's  Health Insurance Program as provided in Title XXI
of the  federal  Social  Security  Act)  to  share  with  the
Department  of  Public Aid information on applicants for free
or reduced-price lunches.  This sharing of information  shall
be  for  the sole purpose of helping the Department of Public
Aid  identify  and  enroll  children  in  the  State  Medical
Assistance Program or the State Children's  Health  Insurance
Program   or   both   as   allowed   under   42  U.S.C.  Sec.
1758(b)(2)(C)(iii)(IV) and under the restrictions  set  forth
in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
    Section  99.   Effective  date.  This Act takes effect on
July 1, 2003.