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| Public Act 102-0557 | ||||
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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 6 as follows:
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(105 ILCS 10/6) (from Ch. 122, par. 50-6)
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Sec. 6. (a) No school student records or information
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contained therein may be released, transferred, disclosed or | ||||
otherwise
disseminated, except as follows:
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(1) to a parent or student or person specifically
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designated as a representative by a parent, as provided in | ||||
paragraph (a)
of Section 5;
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(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;
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(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;
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(4) to any person for the purpose of research,
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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);
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(5) pursuant to a court order, provided that the
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parent shall be given prompt written notice upon receipt
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of such order of the terms of the order, the nature and
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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;
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(6) to any person as specifically required by State
or | ||
federal law;
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(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
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release
is authorized by the court for the limited purpose | ||
of determining the
appropriateness of the potential | ||
placement; (vii) law enforcement officers and
prosecutors;
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(viii) adult and juvenile prisoner review boards; (ix) | ||
authorized military
personnel; (x)
individuals authorized | ||
by court;
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(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
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the health or safety of the student or other
persons;
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(8) to any person, with the prior specific dated
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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;
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(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,
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provided that the records are released to the employee or | ||
agent designated by
the agency;
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(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;
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(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
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(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.
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(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.
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Such record of release shall be maintained for the life of the
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school student records and shall be available only to the | ||
parent
and the official records custodian.
Each record of | ||
release shall also include:
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(1) the nature and substance of the information | ||
released;
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(2) the name and signature of the official records
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custodian releasing such information;
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(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;
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(4) the date of the release; and
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(5) a copy of any consent to such release.
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(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
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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.
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(e) Nothing contained in this Act shall prohibit the
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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.
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(Source: P.A. 99-78, eff. 7-20-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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