HB3685ham001 101ST GENERAL ASSEMBLY

Rep. Aaron M. Ortiz

Filed: 3/8/2019

10100HB3685ham001 LRB101 10598 AXK 57450 a

AMENDMENT TO HOUSE BILL 3685

AMENDMENT NO. ______. Amend House Bill 3685 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 2-3.176 and 22-12.5 as follows:

(105 ILCS 5/2-3.176 new)

Sec. 2-3.176. Federal Family Educational Rights and Privacy Act of 1974; policies.

(a) The General Assembly finds and declares all of the following:

(1) The privacy of Illinois citizens is of the utmost importance, and protecting their privacy is a top priority for the lawmakers of this State.

(2) It is imperative that personal information stay confidential unless otherwise chosen to be disclosed on an individual basis.

(3) The privacy of our children is critically important, especially the privacy of any student data and any information collected in educational settings, including day care, home-visiting programs, prevention initiatives, after-school programs, early intervention programs, preschool, and a student's kindergarten through grade 12 educational experience.

(4) Schools and educational settings are safe environments, and an important component of maintaining security is ensuring family privacy and protecting student data.

(b) The State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian.

(c) Subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Any information collected under this subsection, whether written or oral, must be kept confidential, except in the case of either of the following:

(1) If the disclosure is to comply with a judicial order or lawfully issued subpoena or is in connection with a health or safety emergency.

(2) If the student or the student's parent or guardian provides written consent for the disclosure.

(105 ILCS 5/22-12.5 new)

Sec. 22-12.5. Threats based on citizenship or immigration status. Because threats made by a school employee to a student based on his or her citizenship or immigration status interferes with the student's attendance at school, a public or nonpublic school employee may not make any threats or acts of menace toward or intimidate any student entitled to attend a public or nonpublic school in this State that are based on the student's actual or perceived citizenship or immigration status, including threats, acts of menace, or intimidation that are based on information disclosed, orally or written, to any public or nonpublic school employee throughout the course of that employee performing educational services. A violation of this Section is a Class A misdemeanor.".