HB4558 EngrossedLRB098 17628 NHT 54624 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois School Student Records Act is
5amended by changing Sections 2 and 6 as follows:
 
6    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
7    Sec. 2. As used in this Act,
8    (a) "Student" means any person enrolled or previously
9enrolled in a school.
10    (b) "School" means any public preschool, day care center,
11kindergarten, nursery, elementary or secondary educational
12institution, vocational school, special educational facility
13or any other elementary or secondary educational agency or
14institution and any person, agency or institution which
15maintains school student records from more than one school, but
16does not include a private or non-public school.
17    (c) "State Board" means the State Board of Education.
18    (d) "School Student Record" means any writing or other
19recorded information concerning a student and by which a
20student may be individually identified, maintained by a school
21or at its direction or by an employee of a school, regardless
22of how or where the information is stored. "School Student
23Record" includes the following information used by or assigned

 

 

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1to an individual student: (i) any unique identification number;
2(ii) any unique user name, other than the student's name
3itself; and (iii) any other unique information used to identify
4an individual student. The following shall not be deemed school
5student records under this Act: writings or other recorded
6information maintained by an employee of a school or other
7person at the direction of a school for his or her exclusive
8use; provided that all such writings and other recorded
9information are destroyed not later than the student's
10graduation or permanent withdrawal from the school; and
11provided further that no such records or recorded information
12may be released or disclosed to any person except a person
13designated by the school as a substitute unless they are first
14incorporated in a school student record and made subject to all
15of the provisions of this Act. School student records shall not
16include information maintained by law enforcement
17professionals working in the school.
18    (e) "Student Permanent Record" means the minimum personal
19information necessary to a school in the education of the
20student and contained in a school student record. Such
21information may include the student's name, birth date,
22address, grades and grade level, parents' names and addresses,
23attendance records, and such other entries as the State Board
24may require or authorize.
25    (f) "Student Temporary Record" means all information
26contained in a school student record but not contained in the

 

 

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1student permanent record. Such information may include family
2background information, intelligence test scores, aptitude
3test scores, psychological and personality test results,
4teacher evaluations, and other information of clear relevance
5to the education of the student, all subject to regulations of
6the State Board. The information shall include information
7provided under Section 8.6 of the Abused and Neglected Child
8Reporting Act. In addition, the student temporary record shall
9include information regarding serious disciplinary infractions
10that resulted in expulsion, suspension, or the imposition of
11punishment or sanction. For purposes of this provision, serious
12disciplinary infractions means: infractions involving drugs,
13weapons, or bodily harm to another.
14    (g) "Parent" means a person who is the natural parent of
15the student or other person who has the primary responsibility
16for the care and upbringing of the student. All rights and
17privileges accorded to a parent under this Act shall become
18exclusively those of the student upon his 18th birthday,
19graduation from secondary school, marriage or entry into
20military service, whichever occurs first. Such rights and
21privileges may also be exercised by the student at any time
22with respect to the student's permanent school record.
23    (h) "Eligible Student" means a student who has reached 18
24years of age.
25(Source: P.A. 92-295, eff. 1-1-02.)
 

 

 

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1    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
2    Sec. 6. (a) No school student records or information
3contained therein may be released, transferred, disclosed or
4otherwise disseminated, except as follows:
5        (1) To a parent or student or person specifically
6    designated as a representative by a parent, as provided in
7    paragraph (a) of Section 5;
8        (2) To an employee or official of the school or school
9    district or State Board with current demonstrable
10    educational or administrative interest in the student, in
11    furtherance of such interest;
12        (3) To the official records custodian of another school
13    within Illinois or an official with similar
14    responsibilities of a school outside Illinois, in which the
15    student has enrolled, or intends to enroll, upon the
16    request of such official or student;
17        (4) To any person or entity for the purpose of
18    research, statistical reporting, or planning, audit, or
19    evaluation, provided that (i) such research, statistical
20    reporting, or planning, audit, or evaluation is
21    permissible under and undertaken in accordance with the
22    federal Family Educational Rights and Privacy Act (20
23    U.S.C. 1232g) and (ii) the parent or eligible student
24    provides prior, specific, dated, written consent
25    designating the person to whom the records may be released
26    and, at the time any such consent is requested or obtained,

 

 

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1    the parent or eligible student is first advised in writing
2    of the specific purpose of the release, transfer,
3    disclosure, or dissemination and has the right to inspect
4    and copy such records in accordance with Section 5 of this
5    Act, to challenge their contents in accordance with Section
6    7 of this Act, and to limit any such consent to designated
7    records or designated portions of the information
8    contained in the records. For purposes of this subparagraph
9    (4), a separate, prior, specific, dated, written consent
10    shall be required from the parent or eligible student for
11    each release, transfer, disclosure, or dissemination of
12    school student records or information;
13        (5) Pursuant to a court order, provided that the parent
14    shall be given prompt written notice upon receipt of such
15    order of the terms of the order, the nature and substance
16    of the information proposed to be released in compliance
17    with such order and an opportunity to inspect and copy the
18    school student records and to challenge their contents
19    pursuant to Section 7;
20        (6) To any person as specifically required by State or
21    federal law;
22        (6.5) To juvenile authorities when necessary for the
23    discharge of their official duties who request information
24    prior to adjudication of the student and who certify in
25    writing that the information will not be disclosed to any
26    other party except as provided under law or order of court.

 

 

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1    For purposes of this Section "juvenile authorities" means:
2    (i) a judge of the circuit court and members of the staff
3    of the court designated by the judge; (ii) parties to the
4    proceedings under the Juvenile Court Act of 1987 and their
5    attorneys; (iii) probation officers and court appointed
6    advocates for the juvenile authorized by the judge hearing
7    the case; (iv) any individual, public or private agency
8    having custody of the child pursuant to court order; (v)
9    any individual, public or private agency providing
10    education, medical or mental health service to the child
11    when the requested information is needed to determine the
12    appropriate service or treatment for the minor; (vi) any
13    potential placement provider when such release is
14    authorized by the court for the limited purpose of
15    determining the appropriateness of the potential
16    placement; (vii) law enforcement officers and prosecutors;
17    (viii) adult and juvenile prisoner review boards; (ix)
18    authorized military personnel; (x) individuals authorized
19    by court;
20        (7) Subject to regulations of the State Board, in
21    connection with an emergency, to appropriate persons if the
22    knowledge of such information is necessary to protect the
23    health or safety of the student or other persons;
24        (8) To any person, with the prior specific dated
25    written consent of the parent designating the person to
26    whom the records may be released, provided that at the time

 

 

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1    any such consent is requested or obtained, the parent shall
2    be advised in writing that he has the right to inspect and
3    copy such records in accordance with Section 5, to
4    challenge their contents in accordance with Section 7 and
5    to limit any such consent to designated records or
6    designated portions of the information contained therein;
7        (9) To a governmental agency, or social service agency
8    contracted by a governmental agency, in furtherance of an
9    investigation of a student's school attendance pursuant to
10    the compulsory student attendance laws of this State,
11    provided that the records are released to the employee or
12    agent designated by the agency;
13        (10) To those SHOCAP committee members who fall within
14    the meaning of "state and local officials and authorities",
15    as those terms are used within the meaning of the federal
16    Family Educational Rights and Privacy Act, for the purposes
17    of identifying serious habitual juvenile offenders and
18    matching those offenders with community resources pursuant
19    to Section 5-145 of the Juvenile Court Act of 1987, but
20    only to the extent that the release, transfer, disclosure,
21    or dissemination is consistent with the Family Educational
22    Rights and Privacy Act;
23        (11) To the Department of Healthcare and Family
24    Services in furtherance of the requirements of Section
25    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
26    Section 10 of the School Breakfast and Lunch Program Act;

 

 

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1    or
2        (12) To the State Board or another State government
3    agency or between or among State government agencies in
4    order to evaluate or audit federal and State programs or
5    perform research and planning, but only to the extent that
6    the release, transfer, disclosure, or dissemination is
7    consistent with the federal Family Educational Rights and
8    Privacy Act (20 U.S.C. 1232g).
9    (b) No information may be released pursuant to
10subparagraphs (3) or (6) of paragraph (a) of this Section 6
11unless the parent receives prior written notice of the nature
12and substance of the information proposed to be released, and
13an opportunity to inspect and copy such records in accordance
14with Section 5 and to challenge their contents in accordance
15with Section 7. Provided, however, that such notice shall be
16sufficient if published in a local newspaper of general
17circulation or other publication directed generally to the
18parents involved where the proposed release of information is
19pursuant to subparagraph 6 of paragraph (a) in this Section 6
20and relates to more than 25 students.
21    (c) A record of any release of information pursuant to this
22Section must be made and kept as a part of the school student
23record and subject to the access granted by Section 5. Such
24record of release shall be maintained for the life of the
25school student records and shall be available only to the
26parent and the official records custodian. Each record of

 

 

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1release shall also include:
2        (1) The nature and substance of the information
3    released;
4        (2) The name and signature of the official records
5    custodian releasing such information;
6        (3) The name of the person requesting such information,
7    the capacity in which such a request has been made, and the
8    purpose of such request;
9        (4) The date of the release; and
10        (5) A copy of any consent to such release.
11    (d) Except for the student and his parents, no person to
12whom information is released pursuant to this Section and no
13person specifically designated as a representative by a parent
14may permit any other person to have access to such information
15without a prior consent of the parent obtained in accordance
16with the requirements of subparagraph (8) of paragraph (a) of
17this Section.
18    (e) Nothing contained in this Act shall prohibit the
19publication of student directories which list student names,
20addresses and other identifying information and similar
21publications which comply with regulations issued by the State
22Board.
23(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;
2496-107, eff. 7-30-09; 96-1000, eff. 7-2-10.)