SB1483 EngrossedLRB100 09127 MLM 19281 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 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
17like responsibilities or his designee has knowledge of such
18order of protection, the school shall prohibit access or
19inspection of the student's school records by such person.
20    (b) Whenever access to any person is granted pursuant to
21paragraph (a) of this Section, at the option of either the
22parent or the school a qualified professional, who may be a
23psychologist, counsellor or other advisor, and who may be an



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1employee of the school or employed by the parent, may be
2present to interpret the information contained in the student
3temporary record. If the school requires that a professional be
4present, the school shall secure and bear any cost of the
5presence of the professional. If the parent so requests, the
6school shall secure and bear any cost of the presence of a
7professional employed by the school.
8    (c) A parent's or student's request to inspect and copy
9records, or to allow a specifically designated representative
10to inspect and copy records, must be granted within a
11reasonable time, and in no case later than 5 business 15 school
12days after the date of receipt of such request by the official
13records custodian.
14    (d) The school may charge its reasonable costs for the
15copying of school student records, not to exceed the amounts
16fixed in schedules adopted by the State Board, to any person
17permitted to copy such records, except that no parent or
18student shall be denied a copy of school student records as
19permitted under this Section 5 for inability to bear the cost
20of such copying.
21    (e) Nothing contained in this Section 5 shall make
22available to a parent or student confidential letters and
23statements of recommendation furnished in connection with
24applications for employment to a post-secondary educational
25institution or the receipt of an honor or honorary recognition,
26provided such letters and statements are not used for purposes



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1other than those for which they were specifically intended, and
2        (1) were placed in a school student record prior to
3    January 1, 1975; or
4        (2) the student has waived access thereto after being
5    advised of his right to obtain upon request the names of
6    all such persons making such confidential recommendations.
7    (f) Nothing contained in this Act shall be construed to
8impair or limit the confidentiality of:
9        (1) Communications otherwise protected by law as
10    privileged or confidential, including but not limited to,
11    information communicated in confidence to a physician,
12    psychologist or other psychotherapist, school social
13    worker, school counselor, school psychologist, or school
14    social worker, school counselor, or school psychologist
15    intern who works under the direct supervision of a school
16    social worker, school counselor, or school psychologist;
17    or
18        (2) Information which is communicated by a student or
19    parent in confidence to school personnel; or
20        (3) Information which is communicated by a student,
21    parent, or guardian to a law enforcement professional
22    working in the school, except as provided by court order.
23    (g) No school employee shall be subjected to adverse
24employment action, the threat of adverse employment action, or
25any manner of discrimination because the employee is acting or
26has acted to protect communications as privileged or



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1confidential pursuant to applicable provisions of State or
2federal law or rule or regulation.
3(Source: P.A. 96-628, eff. 1-1-10.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.