[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0295
HB3055 Enrolled LRB9206349DJpr
AN ACT in relation to children.
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 2 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care
center, kindergarten, nursery, elementary or secondary
educational institution, vocational school, special
educational facility or any other elementary or secondary
educational agency or institution and any person, agency or
institution which maintains school student records from more
than one school, but does not include a private or non-public
school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a
school or at its direction or by an employee of a school,
regardless of how or where the information is stored. The
following shall not be deemed school student records under
this Act: writings or other recorded information maintained
by an employee of a school or other person at the direction
of a school for his or her exclusive use; provided that all
such writings and other recorded information are destroyed
not later than the student's graduation or permanent
withdrawal from the school; and provided further that no such
records or recorded information may be released or disclosed
to any person except a person designated by the school as a
substitute unless they are first incorporated in a school
student record and made subject to all of the provisions of
this Act. School student records shall not include
information maintained by law enforcement professionals
working in the school.
(e) "Student Permanent Record" means the minimum
personal information necessary to a school in the education
of the student and contained in a school student record.
Such information may include the student's name, birth date,
address, grades and grade level, parents' names and
addresses, attendance records, and such other entries as the
State Board may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include
family background information, intelligence test scores,
aptitude test scores, psychological and personality test
results, teacher evaluations, and other information of clear
relevance to the education of the student, all subject to
regulations of the State Board. The information shall include
information provided under Section 8.6 of the Abused and
Neglected Child Reporting Act. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm
to another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary
responsibility for the care and upbringing of the student.
All rights and privileges accorded to a parent under this Act
shall become exclusively those of the student upon his 18th
birthday, graduation from secondary school, marriage or entry
into military service, whichever occurs first. Such rights
and privileges may also be exercised by the student at any
time with respect to the student's permanent school record.
(Source: P.A. 90-590, eff. 1-1-00.)
Section 10. The Abused and Neglected Child Reporting Act
is amended by changing Section 7.9 and adding Section 8.6 as
follows:
(325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
Sec. 7.9. The Department shall prepare, print, and
distribute initial, preliminary, and final reporting forms to
each Child Protective Service Unit. Initial written reports
from the reporting source shall contain the following
information to the extent known at the time the report is
made: (1) the names and addresses of the child and his
parents or other persons responsible for his welfare; (1.5)
the name and address of the school that the child attends (or
the school that the child last attended, if the report is
written during the summer when school is not in session), and
the name of the school district in which the school is
located, if applicable; (2) the child's age, sex, and race;
(3) the nature and extent of the child's abuse or neglect,
including any evidence of prior injuries, abuse, or neglect
of the child or his siblings; (4) the names of the persons
apparently responsible for the abuse or neglect; (5) family
composition, including names, ages, sexes, and races of other
children in the home; (6) the name of the person making the
report, his occupation, and where he can be reached; (7) the
actions taken by the reporting source, including the taking
of photographs and x-rays, placing the child in temporary
protective custody, or notifying the medical examiner or
coroner; (8) and any other information the person making the
report believes might be helpful in the furtherance of the
purposes of this Act.
(Source: P.A. 84-611.)
(325 ILCS 5/8.6 new)
Sec. 8.6. Reports to a child's school. Within 10 days
after completing an investigation of alleged physical or
sexual abuse under this Act, if the report is indicated, the
Child Protective Service Unit shall send a copy of its final
finding report to the school that the child who is the
indicated victim of the report attends. If the final finding
report is sent during the summer when the school is not in
session, the report shall be sent to the last school that the
child attended. The final finding report shall be sent as
"confidential", and the school shall be responsible for
ensuring that the report remains confidential in accordance
with the Illinois School Student Records Act. If an
indicated finding is overturned in an appeal or hearing, or
if the Department has made a determination that the child is
no longer at risk of physical or sexual harm, the Department
shall request that the final finding report be purged from
the student's record, and the school shall purge the final
finding report from the student's record and return the
report to the Department. If an indicated report is expunged
from the central register, and that report has been sent to a
child's school, the Department shall request that the final
finding report be purged from the student's record, and the
school shall purge the final finding report from the
student's record and return the report to the Department.
Passed in the General Assembly May 24, 2001.
Approved August 09, 2001.
[ Top ]