Illinois General Assembly - Full Text of SB1483
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Full Text of SB1483  100th General Assembly

SB1483ham002 100TH GENERAL ASSEMBLY

Rep. Allen Skillicorn

Filed: 5/26/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1483

2    AMENDMENT NO. ______. Amend Senate Bill 1483 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois School Student Records Act is
5amended by changing Section 5 as follows:
 
6    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
7    Sec. 5. (a) A parent or any person specifically designated
8as a representative by a parent shall have the right to inspect
9and copy all school student permanent and temporary records of
10that parent's child. A student shall have the right to inspect
11and copy his or her school student permanent record. No person
12who is prohibited by an order of protection from inspecting or
13obtaining school records of a student pursuant to the Illinois
14Domestic Violence Act of 1986, as now or hereafter amended,
15shall have any right of access to, or inspection of, the school
16records of that student. If a school's principal or person with

 

 

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1like responsibilities or his designee has knowledge of such
2order of protection, the school shall prohibit access or
3inspection of the student's school records by such person.
4    (b) Whenever access to any person is granted pursuant to
5paragraph (a) of this Section, at the option of either the
6parent or the school a qualified professional, who may be a
7psychologist, counsellor or other advisor, and who may be an
8employee of the school or employed by the parent, may be
9present to interpret the information contained in the student
10temporary record. If the school requires that a professional be
11present, the school shall secure and bear any cost of the
12presence of the professional. If the parent so requests, the
13school shall secure and bear any cost of the presence of a
14professional employed by the school.
15    (c) A parent's or student's request to inspect and copy
16records, or to allow a specifically designated representative
17to inspect and copy records, must be granted within a
18reasonable time, and in no case later than 10 business 15
19school days after the date of receipt of such request by the
20official records custodian.
21    (c-5) The time for response under this Section may be
22extended by the school district by not more than 5 business
23days from the original due date for any of the following
24reasons:
25        (1) the requested records are stored in whole or in
26    part at other locations than the office having charge of

 

 

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1    the requested records;
2        (2) the request requires the collection of a
3    substantial number of specified records;
4        (3) the request is couched in categorical terms and
5    requires an extensive search for the records responsive to
6    it;
7        (4) the requested records have not been located in the
8    course of routine search and additional efforts are being
9    made to locate them;
10        (5) the request for records cannot be complied with by
11    the school district within the time limits prescribed by
12    subsection (c) of this Section without unduly burdening or
13    interfering with the operations of the school district; or
14        (6) there is a need for consultation, which shall be
15    conducted with all practicable speed, with another public
16    body or school district or among 2 or more components of a
17    public body or school district having a substantial
18    interest in the determination or in the subject matter of
19    the request.
20    The person making a request and the school district may
21agree in writing to extend the time for compliance for a period
22to be determined by the parties. If the requester and the
23school district agree to extend the period for compliance, a
24failure by the school district to comply with any previous
25deadlines shall not be treated as a denial of the request for
26the records.

 

 

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1    (d) The school may charge its reasonable costs for the
2copying of school student records, not to exceed the amounts
3fixed in schedules adopted by the State Board, to any person
4permitted to copy such records, except that no parent or
5student shall be denied a copy of school student records as
6permitted under this Section 5 for inability to bear the cost
7of such copying.
8    (e) Nothing contained in this Section 5 shall make
9available to a parent or student confidential letters and
10statements of recommendation furnished in connection with
11applications for employment to a post-secondary educational
12institution or the receipt of an honor or honorary recognition,
13provided such letters and statements are not used for purposes
14other than those for which they were specifically intended, and
15        (1) were placed in a school student record prior to
16    January 1, 1975; or
17        (2) the student has waived access thereto after being
18    advised of his right to obtain upon request the names of
19    all such persons making such confidential recommendations.
20    (f) Nothing contained in this Act shall be construed to
21impair or limit the confidentiality of:
22        (1) Communications otherwise protected by law as
23    privileged or confidential, including but not limited to,
24    information communicated in confidence to a physician,
25    psychologist or other psychotherapist, school social
26    worker, school counselor, school psychologist, or school

 

 

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1    social worker, school counselor, or school psychologist
2    intern who works under the direct supervision of a school
3    social worker, school counselor, or school psychologist;
4    or
5        (2) Information which is communicated by a student or
6    parent in confidence to school personnel; or
7        (3) Information which is communicated by a student,
8    parent, or guardian to a law enforcement professional
9    working in the school, except as provided by court order.
10    (g) No school employee shall be subjected to adverse
11employment action, the threat of adverse employment action, or
12any manner of discrimination because the employee is acting or
13has acted to protect communications as privileged or
14confidential pursuant to applicable provisions of State or
15federal law or rule or regulation.
16(Source: P.A. 96-628, eff. 1-1-10.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".