SB3092sam002 98TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 4/29/2014

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AMENDMENT TO SENATE BILL 3092

AMENDMENT NO. ______. Amend Senate Bill 3092, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, as follows:

by replacing line 25 on page 5 through line 3 on page 7 with the following: "of 1974 and its accompanying rules; and"; and

on page 10, line 23, by deleting "or" ; and

on page 10, line 26, by replacing "services." with "services; or"; and

on page 10, immediately below line 26, by inserting the following:

"(3) designed to support a study of students or former students."; and

on page 11, by replacing lines 1 through 24 with the following:

"(i) Any person aggrieved by any violation of this Section may institute an action for injunctive relief in the circuit court of the county in which the violation has occurred or the circuit court of the county in which the school is located. Any person injured by a willful or negligent violation of this Section may institute an action for damages in the circuit court of the county in which the violation has occurred or the circuit court of the county in which the school is located. In the case of any successful action under this paragraph, any person or school found to have willfully or negligently violated any provision of this Section is liable to the plaintiff for the plaintiff's damages, the costs of the action, and reasonable attorney's fees, as determined by the court.

Actions for injunctive relief to secure compliance with this Section may be brought by the State Board, by the State's Attorney of the county in which the alleged violation has occurred or the State's Attorney of the county in which the school is located, in each case in the circuit court of such county.

Willful failure to comply with this Section is a petty offense, except that any person who willfully and maliciously falsifies any school student record, student permanent record, or student temporary record is guilty of a Class A misdemeanor.

Absent proof of malice, no cause of action or claim for relief, civil or criminal, may be maintained against any school, employee or official of a school, or person acting at the direction of a school for any statement made or judgment expressed in any entry to a school student record of a type that does not violate this Section or rules adopted by the State Board, provided that this paragraph does not limit or deny any defense available under existing law."; and

on page 11, line 25, by replacing "(k)" with "(j)"; and

on page 12, line 2, by replacing "(l)" with "(k)".