SB1483 EnrolledLRB100 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 10 business 15
12school days after the date of receipt of such request by the
13official records custodian.
14    (c-5) The time for response under this Section may be
15extended by the school district by not more than 5 business
16days from the original due date for any of the following
18        (1) the requested records are stored in whole or in
19    part at other locations than the office having charge of
20    the requested records;
21        (2) the request requires the collection of a
22    substantial number of specified records;
23        (3) the request is couched in categorical terms and
24    requires an extensive search for the records responsive to
25    it;
26        (4) the requested records have not been located in the



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1    course of routine search and additional efforts are being
2    made to locate them;
3        (5) the request for records cannot be complied with by
4    the school district within the time limits prescribed by
5    subsection (c) of this Section without unduly burdening or
6    interfering with the operations of the school district; or
7        (6) there is a need for consultation, which shall be
8    conducted with all practicable speed, with another public
9    body or school district or among 2 or more components of a
10    public body or school district having a substantial
11    interest in the determination or in the subject matter of
12    the request.
13    The person making a request and the school district may
14agree in writing to extend the time for compliance for a period
15to be determined by the parties. If the requester and the
16school district agree to extend the period for compliance, a
17failure by the school district to comply with any previous
18deadlines shall not be treated as a denial of the request for
19the records.
20    (d) The school may charge its reasonable costs for the
21copying of school student records, not to exceed the amounts
22fixed in schedules adopted by the State Board, to any person
23permitted to copy such records, except that no parent or
24student shall be denied a copy of school student records as
25permitted under this Section 5 for inability to bear the cost
26of such copying.



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1    (e) Nothing contained in this Section 5 shall make
2available to a parent or student confidential letters and
3statements of recommendation furnished in connection with
4applications for employment to a post-secondary educational
5institution or the receipt of an honor or honorary recognition,
6provided such letters and statements are not used for purposes
7other than those for which they were specifically intended, and
8        (1) were placed in a school student record prior to
9    January 1, 1975; or
10        (2) the student has waived access thereto after being
11    advised of his right to obtain upon request the names of
12    all such persons making such confidential recommendations.
13    (f) Nothing contained in this Act shall be construed to
14impair or limit the confidentiality of:
15        (1) Communications otherwise protected by law as
16    privileged or confidential, including but not limited to,
17    information communicated in confidence to a physician,
18    psychologist or other psychotherapist, school social
19    worker, school counselor, school psychologist, or school
20    social worker, school counselor, or school psychologist
21    intern who works under the direct supervision of a school
22    social worker, school counselor, or school psychologist;
23    or
24        (2) Information which is communicated by a student or
25    parent in confidence to school personnel; or
26        (3) Information which is communicated by a student,



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1    parent, or guardian to a law enforcement professional
2    working in the school, except as provided by court order.
3    (g) No school employee shall be subjected to adverse
4employment action, the threat of adverse employment action, or
5any manner of discrimination because the employee is acting or
6has acted to protect communications as privileged or
7confidential pursuant to applicable provisions of State or
8federal law or rule or regulation.
9(Source: P.A. 96-628, eff. 1-1-10.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.