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Public Act 102-0557


 

Public Act 0557 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0557
 
SB2434 EnrolledLRB102 12553 CMG 17891 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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 such
    research, statistical reporting, or planning is
    permissible under and undertaken in accordance with the
    federal Family Educational Rights and Privacy Act (20
    U.S.C. 1232g);
        (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;
        (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;
        (11) to the Department of Healthcare and Family
    Services 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;
    or
        (12) to the State Board or another State government
    agency or between or among State government agencies in
    order to evaluate or audit federal and State programs or
    perform research and planning, but only to the extent that
    the release, transfer, disclosure, or dissemination is
    consistent with the federal Family Educational Rights and
    Privacy Act (20 U.S.C. 1232g).
        (13) Under an intergovernmental agreement if an
    elementary school district and a high school district have
    attendance boundaries that overlap and are parties to an
    intergovernmental agreement that allows the sharing of
    student records and information between the districts.
    However, the sharing of student information is allowed
    under an intergovernmental agreement only if the
    intergovernmental agreement meets all of the following
    requirements:
            (A) The sharing of student information must be
        voluntary and at the discretion of each school
        district that is a party to the agreement.
            (B) The sharing of student information applies
        only to students who have been enrolled in both
        districts or would be enrolled in both districts based
        on district attendance boundaries, and the student's
        parent or guardian has expressed in writing that the
        student intends to enroll or has enrolled in the high
        school district.
            (C) The sharing of student information does not
        exceed the scope of information that is shared among
        schools in a unit school district. However, the terms
        of an intergovernmental agreement may place further
        limitations on the information that is allowed to be
        shared.
    (b) No information may be released pursuant to
subparagraph (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) of 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. 99-78, eff. 7-20-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021