State of Illinois
2019 and 2020


Introduced , by Rep. Fred Crespo


5 ILCS 120/2  from Ch. 102, par. 42
5 ILCS 140/7  from Ch. 116, par. 207
105 ILCS 10/6  from Ch. 122, par. 50-6
105 ILCS 128/45 new

    Amends the School Safety Drill Act. Requires all school boards of school districts to develop threat assessment protocols and to create threat assessment teams. Provides that the threat assessment team shall include specified personnel and other members. Provides that a threat assessment protocol adopted by the school board shall be a public document and be posted on the school district's website. Provides that a school board shall create the threat assessment team within 30 days after the effective date of the amendatory Act and adopt an initial threat assessment protocol within 90 days after the effective date of the amendatory Act. Provides that a school district may share information concerning a clear and present danger with another school district and creates a conforming exemption in the Illinois School Student Records Act. Creates exemptions for the work of the threat assessment team in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

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HB1561LRB101 07257 AXK 52296 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 Open Meetings Act is amended by changing
5Section 2 as follows:
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees of the public body or legal counsel for the
23    public body, including hearing testimony on a complaint



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1    lodged against an employee of the public body or against
2    legal counsel for the public body to determine its
3    validity. However, a meeting to consider an increase in
4    compensation to a specific employee of a public body that
5    is subject to the Local Government Wage Increase
6    Transparency Act may not be closed and shall be open to the
7    public and posted and held in accordance with this Act.
8        (2) Collective negotiating matters between the public
9    body and its employees or their representatives, or
10    deliberations concerning salary schedules for one or more
11    classes of employees.
12        (3) The selection of a person to fill a public office,
13    as defined in this Act, including a vacancy in a public
14    office, when the public body is given power to appoint
15    under law or ordinance, or the discipline, performance or
16    removal of the occupant of a public office, when the public
17    body is given power to remove the occupant under law or
18    ordinance.
19        (4) Evidence or testimony presented in open hearing, or
20    in closed hearing where specifically authorized by law, to
21    a quasi-adjudicative body, as defined in this Act, provided
22    that the body prepares and makes available for public
23    inspection a written decision setting forth its
24    determinative reasoning.
25        (5) The purchase or lease of real property for the use
26    of the public body, including meetings held for the purpose



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1    of discussing whether a particular parcel should be
2    acquired.
3        (6) The setting of a price for sale or lease of
4    property owned by the public body.
5        (7) The sale or purchase of securities, investments, or
6    investment contracts. This exception shall not apply to the
7    investment of assets or income of funds deposited into the
8    Illinois Prepaid Tuition Trust Fund.
9        (8) Security procedures, school building safety and
10    security, and the use of personnel and equipment to respond
11    to an actual, a threatened, or a reasonably potential
12    danger to the safety of employees, students, staff, the
13    public, or public property.
14        (9) Student disciplinary cases.
15        (10) The placement of individual students in special
16    education programs and other matters relating to
17    individual students.
18        (11) Litigation, when an action against, affecting or
19    on behalf of the particular public body has been filed and
20    is pending before a court or administrative tribunal, or
21    when the public body finds that an action is probable or
22    imminent, in which case the basis for the finding shall be
23    recorded and entered into the minutes of the closed
24    meeting.
25        (12) The establishment of reserves or settlement of
26    claims as provided in the Local Governmental and



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1    Governmental Employees Tort Immunity Act, if otherwise the
2    disposition of a claim or potential claim might be
3    prejudiced, or the review or discussion of claims, loss or
4    risk management information, records, data, advice or
5    communications from or with respect to any insurer of the
6    public body or any intergovernmental risk management
7    association or self insurance pool of which the public body
8    is a member.
9        (13) Conciliation of complaints of discrimination in
10    the sale or rental of housing, when closed meetings are
11    authorized by the law or ordinance prescribing fair housing
12    practices and creating a commission or administrative
13    agency for their enforcement.
14        (14) Informant sources, the hiring or assignment of
15    undercover personnel or equipment, or ongoing, prior or
16    future criminal investigations, when discussed by a public
17    body with criminal investigatory responsibilities.
18        (15) Professional ethics or performance when
19    considered by an advisory body appointed to advise a
20    licensing or regulatory agency on matters germane to the
21    advisory body's field of competence.
22        (16) Self evaluation, practices and procedures or
23    professional ethics, when meeting with a representative of
24    a statewide association of which the public body is a
25    member.
26        (17) The recruitment, credentialing, discipline or



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1    formal peer review of physicians or other health care
2    professionals, or for the discussion of matters protected
3    under the federal Patient Safety and Quality Improvement
4    Act of 2005, and the regulations promulgated thereunder,
5    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
6    Health Insurance Portability and Accountability Act of
7    1996, and the regulations promulgated thereunder,
8    including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
9    or other institution providing medical care, that is
10    operated by the public body.
11        (18) Deliberations for decisions of the Prisoner
12    Review Board.
13        (19) Review or discussion of applications received
14    under the Experimental Organ Transplantation Procedures
15    Act.
16        (20) The classification and discussion of matters
17    classified as confidential or continued confidential by
18    the State Government Suggestion Award Board.
19        (21) Discussion of minutes of meetings lawfully closed
20    under this Act, whether for purposes of approval by the
21    body of the minutes or semi-annual review of the minutes as
22    mandated by Section 2.06.
23        (22) Deliberations for decisions of the State
24    Emergency Medical Services Disciplinary Review Board.
25        (23) The operation by a municipality of a municipal
26    utility or the operation of a municipal power agency or



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1    municipal natural gas agency when the discussion involves
2    (i) contracts relating to the purchase, sale, or delivery
3    of electricity or natural gas or (ii) the results or
4    conclusions of load forecast studies.
5        (24) Meetings of a residential health care facility
6    resident sexual assault and death review team or the
7    Executive Council under the Abuse Prevention Review Team
8    Act.
9        (25) Meetings of an independent team of experts under
10    Brian's Law.
11        (26) Meetings of a mortality review team appointed
12    under the Department of Juvenile Justice Mortality Review
13    Team Act.
14        (27) (Blank).
15        (28) Correspondence and records (i) that may not be
16    disclosed under Section 11-9 of the Illinois Public Aid
17    Code or (ii) that pertain to appeals under Section 11-8 of
18    the Illinois Public Aid Code.
19        (29) Meetings between internal or external auditors
20    and governmental audit committees, finance committees, and
21    their equivalents, when the discussion involves internal
22    control weaknesses, identification of potential fraud risk
23    areas, known or suspected frauds, and fraud interviews
24    conducted in accordance with generally accepted auditing
25    standards of the United States of America.
26        (30) Those meetings or portions of meetings of a



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1    fatality review team or the Illinois Fatality Review Team
2    Advisory Council during which a review of the death of an
3    eligible adult in which abuse or neglect is suspected,
4    alleged, or substantiated is conducted pursuant to Section
5    15 of the Adult Protective Services Act.
6        (31) Meetings and deliberations for decisions of the
7    Concealed Carry Licensing Review Board under the Firearm
8    Concealed Carry Act.
9        (32) Meetings between the Regional Transportation
10    Authority Board and its Service Boards when the discussion
11    involves review by the Regional Transportation Authority
12    Board of employment contracts under Section 28d of the
13    Metropolitan Transit Authority Act and Sections 3A.18 and
14    3B.26 of the Regional Transportation Authority Act.
15        (33) Those meetings or portions of meetings of the
16    advisory committee and peer review subcommittee created
17    under Section 320 of the Illinois Controlled Substances Act
18    during which specific controlled substance prescriber,
19    dispenser, or patient information is discussed.
20        (34) Meetings of the Tax Increment Financing Reform
21    Task Force under Section 2505-800 of the Department of
22    Revenue Law of the Civil Administrative Code of Illinois.
23        (35) Meetings of the group established to discuss
24    Medicaid capitation rates under Section 5-30.8 of the
25    Illinois Public Aid Code.
26        (36) Meetings concerning the work of the threat



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1    assessment team of a school district.
2    (d) Definitions. For purposes of this Section:
3    "Employee" means a person employed by a public body whose
4relationship with the public body constitutes an
5employer-employee relationship under the usual common law
6rules, and who is not an independent contractor.
7    "Public office" means a position created by or under the
8Constitution or laws of this State, the occupant of which is
9charged with the exercise of some portion of the sovereign
10power of this State. The term "public office" shall include
11members of the public body, but it shall not include
12organizational positions filled by members thereof, whether
13established by law or by a public body itself, that exist to
14assist the body in the conduct of its business.
15    "Quasi-adjudicative body" means an administrative body
16charged by law or ordinance with the responsibility to conduct
17hearings, receive evidence or testimony and make
18determinations based thereon, but does not include local
19electoral boards when such bodies are considering petition
21    (e) Final action. No final action may be taken at a closed
22meeting. Final action shall be preceded by a public recital of
23the nature of the matter being considered and other information
24that will inform the public of the business being conducted.
25(Source: P.A. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480,
26eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16;



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199-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff.
28-31-17; 100-646, eff. 7-27-18.)
3    Section 10. The Freedom of Information Act is amended by
4changing Section 7 as follows:
5    (5 ILCS 140/7)  (from Ch. 116, par. 207)
6    Sec. 7. Exemptions.
7    (1) When a request is made to inspect or copy a public
8record that contains information that is exempt from disclosure
9under this Section, but also contains information that is not
10exempt from disclosure, the public body may elect to redact the
11information that is exempt. The public body shall make the
12remaining information available for inspection and copying.
13Subject to this requirement, the following shall be exempt from
14inspection and copying:
15        (a) Information specifically prohibited from
16    disclosure by federal or State law or rules and regulations
17    implementing federal or State law.
18        (b) Private information, unless disclosure is required
19    by another provision of this Act, a State or federal law or
20    a court order.
21        (b-5) Files, documents, and other data or databases
22    maintained by one or more law enforcement agencies and
23    specifically designed to provide information to one or more
24    law enforcement agencies regarding the physical or mental



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1    status of one or more individual subjects.
2        (c) Personal information contained within public
3    records, the disclosure of which would constitute a clearly
4    unwarranted invasion of personal privacy, unless the
5    disclosure is consented to in writing by the individual
6    subjects of the information. "Unwarranted invasion of
7    personal privacy" means the disclosure of information that
8    is highly personal or objectionable to a reasonable person
9    and in which the subject's right to privacy outweighs any
10    legitimate public interest in obtaining the information.
11    The disclosure of information that bears on the public
12    duties of public employees and officials shall not be
13    considered an invasion of personal privacy.
14        (d) Records in the possession of any public body
15    created in the course of administrative enforcement
16    proceedings, and any law enforcement or correctional
17    agency for law enforcement purposes, but only to the extent
18    that disclosure would:
19            (i) interfere with pending or actually and
20        reasonably contemplated law enforcement proceedings
21        conducted by any law enforcement or correctional
22        agency that is the recipient of the request;
23            (ii) interfere with active administrative
24        enforcement proceedings conducted by the public body
25        that is the recipient of the request;
26            (iii) create a substantial likelihood that a



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1        person will be deprived of a fair trial or an impartial
2        hearing;
3            (iv) unavoidably disclose the identity of a
4        confidential source, confidential information
5        furnished only by the confidential source, or persons
6        who file complaints with or provide information to
7        administrative, investigative, law enforcement, or
8        penal agencies; except that the identities of
9        witnesses to traffic accidents, traffic accident
10        reports, and rescue reports shall be provided by
11        agencies of local government, except when disclosure
12        would interfere with an active criminal investigation
13        conducted by the agency that is the recipient of the
14        request;
15            (v) disclose unique or specialized investigative
16        techniques other than those generally used and known or
17        disclose internal documents of correctional agencies
18        related to detection, observation or investigation of
19        incidents of crime or misconduct, and disclosure would
20        result in demonstrable harm to the agency or public
21        body that is the recipient of the request;
22            (vi) endanger the life or physical safety of law
23        enforcement personnel or any other person; or
24            (vii) obstruct an ongoing criminal investigation
25        by the agency that is the recipient of the request.
26        (d-5) A law enforcement record created for law



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1    enforcement purposes and contained in a shared electronic
2    record management system if the law enforcement agency that
3    is the recipient of the request did not create the record,
4    did not participate in or have a role in any of the events
5    which are the subject of the record, and only has access to
6    the record through the shared electronic record management
7    system.
8        (e) Records that relate to or affect the security of
9    correctional institutions and detention facilities.
10        (e-5) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials are available in the library of the correctional
14    institution or facility or jail where the inmate is
15    confined.
16        (e-6) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials include records from staff members' personnel
20    files, staff rosters, or other staffing assignment
21    information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections or Department of Human Services
24    Division of Mental Health if those materials are available
25    through an administrative request to the Department of
26    Corrections or Department of Human Services Division of



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1    Mental Health.
2        (e-8) Records requested by a person committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail, the disclosure
5    of which would result in the risk of harm to any person or
6    the risk of an escape from a jail or correctional
7    institution or facility.
8        (e-9) Records requested by a person in a county jail or
9    committed to the Department of Corrections or Department of
10    Human Services Division of Mental Health, containing
11    personal information pertaining to the person's victim or
12    the victim's family, including, but not limited to, a
13    victim's home address, home telephone number, work or
14    school address, work telephone number, social security
15    number, or any other identifying information, except as may
16    be relevant to a requester's current or potential case or
17    claim.
18        (e-10) Law enforcement records of other persons
19    requested by a person committed to the Department of
20    Corrections, Department of Human Services Division of
21    Mental Health, or a county jail, including, but not limited
22    to, arrest and booking records, mug shots, and crime scene
23    photographs, except as these records may be relevant to the
24    requester's current or potential case or claim.
25        (f) Preliminary drafts, notes, recommendations,
26    memoranda and other records in which opinions are



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1    expressed, or policies or actions are formulated, except
2    that a specific record or relevant portion of a record
3    shall not be exempt when the record is publicly cited and
4    identified by the head of the public body. The exemption
5    provided in this paragraph (f) extends to all those records
6    of officers and agencies of the General Assembly that
7    pertain to the preparation of legislative documents.
8        (g) Trade secrets and commercial or financial
9    information obtained from a person or business where the
10    trade secrets or commercial or financial information are
11    furnished under a claim that they are proprietary,
12    privileged or confidential, and that disclosure of the
13    trade secrets or commercial or financial information would
14    cause competitive harm to the person or business, and only
15    insofar as the claim directly applies to the records
16    requested.
17        The information included under this exemption includes
18    all trade secrets and commercial or financial information
19    obtained by a public body, including a public pension fund,
20    from a private equity fund or a privately held company
21    within the investment portfolio of a private equity fund as
22    a result of either investing or evaluating a potential
23    investment of public funds in a private equity fund. The
24    exemption contained in this item does not apply to the
25    aggregate financial performance information of a private
26    equity fund, nor to the identity of the fund's managers or



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1    general partners. The exemption contained in this item does
2    not apply to the identity of a privately held company
3    within the investment portfolio of a private equity fund,
4    unless the disclosure of the identity of a privately held
5    company may cause competitive harm.
6        Nothing contained in this paragraph (g) shall be
7    construed to prevent a person or business from consenting
8    to disclosure.
9        (h) Proposals and bids for any contract, grant, or
10    agreement, including information which if it were
11    disclosed would frustrate procurement or give an advantage
12    to any person proposing to enter into a contractor
13    agreement with the body, until an award or final selection
14    is made. Information prepared by or for the body in
15    preparation of a bid solicitation shall be exempt until an
16    award or final selection is made.
17        (i) Valuable formulae, computer geographic systems,
18    designs, drawings and research data obtained or produced by
19    any public body when disclosure could reasonably be
20    expected to produce private gain or public loss. The
21    exemption for "computer geographic systems" provided in
22    this paragraph (i) does not extend to requests made by news
23    media as defined in Section 2 of this Act when the
24    requested information is not otherwise exempt and the only
25    purpose of the request is to access and disseminate
26    information regarding the health, safety, welfare, or



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1    legal rights of the general public.
2        (j) The following information pertaining to
3    educational matters:
4            (i) test questions, scoring keys and other
5        examination data used to administer an academic
6        examination;
7            (ii) information received by a primary or
8        secondary school, college, or university under its
9        procedures for the evaluation of faculty members by
10        their academic peers;
11            (iii) information concerning a school or
12        university's adjudication of student disciplinary
13        cases, but only to the extent that disclosure would
14        unavoidably reveal the identity of the student; and
15            (iv) course materials or research materials used
16        by faculty members.
17        (k) Architects' plans, engineers' technical
18    submissions, and other construction related technical
19    documents for projects not constructed or developed in
20    whole or in part with public funds and the same for
21    projects constructed or developed with public funds,
22    including but not limited to power generating and
23    distribution stations and other transmission and
24    distribution facilities, water treatment facilities,
25    airport facilities, sport stadiums, convention centers,
26    and all government owned, operated, or occupied buildings,



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1    but only to the extent that disclosure would compromise
2    security.
3        (l) Minutes of meetings of public bodies closed to the
4    public as provided in the Open Meetings Act until the
5    public body makes the minutes available to the public under
6    Section 2.06 of the Open Meetings Act.
7        (m) Communications between a public body and an
8    attorney or auditor representing the public body that would
9    not be subject to discovery in litigation, and materials
10    prepared or compiled by or for a public body in
11    anticipation of a criminal, civil or administrative
12    proceeding upon the request of an attorney advising the
13    public body, and materials prepared or compiled with
14    respect to internal audits of public bodies.
15        (n) Records relating to a public body's adjudication of
16    employee grievances or disciplinary cases; however, this
17    exemption shall not extend to the final outcome of cases in
18    which discipline is imposed.
19        (o) Administrative or technical information associated
20    with automated data processing operations, including but
21    not limited to software, operating protocols, computer
22    program abstracts, file layouts, source listings, object
23    modules, load modules, user guides, documentation
24    pertaining to all logical and physical design of
25    computerized systems, employee manuals, and any other
26    information that, if disclosed, would jeopardize the



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1    security of the system or its data or the security of
2    materials exempt under this Section.
3        (p) Records relating to collective negotiating matters
4    between public bodies and their employees or
5    representatives, except that any final contract or
6    agreement shall be subject to inspection and copying.
7        (q) Test questions, scoring keys, and other
8    examination data used to determine the qualifications of an
9    applicant for a license or employment.
10        (r) The records, documents, and information relating
11    to real estate purchase negotiations until those
12    negotiations have been completed or otherwise terminated.
13    With regard to a parcel involved in a pending or actually
14    and reasonably contemplated eminent domain proceeding
15    under the Eminent Domain Act, records, documents and
16    information relating to that parcel shall be exempt except
17    as may be allowed under discovery rules adopted by the
18    Illinois Supreme Court. The records, documents and
19    information relating to a real estate sale shall be exempt
20    until a sale is consummated.
21        (s) Any and all proprietary information and records
22    related to the operation of an intergovernmental risk
23    management association or self-insurance pool or jointly
24    self-administered health and accident cooperative or pool.
25    Insurance or self insurance (including any
26    intergovernmental risk management association or self



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1    insurance pool) claims, loss or risk management
2    information, records, data, advice or communications.
3        (t) Information contained in or related to
4    examination, operating, or condition reports prepared by,
5    on behalf of, or for the use of a public body responsible
6    for the regulation or supervision of financial
7    institutions or insurance companies, unless disclosure is
8    otherwise required by State law.
9        (u) Information that would disclose or might lead to
10    the disclosure of secret or confidential information,
11    codes, algorithms, programs, or private keys intended to be
12    used to create electronic or digital signatures under the
13    Electronic Commerce Security Act.
14        (v) Vulnerability assessments, security measures, and
15    response policies or plans that are designed to identify,
16    prevent, or respond to potential attacks upon a community's
17    population or systems, facilities, or installations, the
18    destruction or contamination of which would constitute a
19    clear and present danger to the health or safety of the
20    community, but only to the extent that disclosure could
21    reasonably be expected to jeopardize the effectiveness of
22    the measures or the safety of the personnel who implement
23    them or the public. Information exempt under this item may
24    include such things as details pertaining to the
25    mobilization or deployment of personnel or equipment, to
26    the operation of communication systems or protocols, or to



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1    tactical operations.
2        (w) (Blank).
3        (x) Maps and other records regarding the location or
4    security of generation, transmission, distribution,
5    storage, gathering, treatment, or switching facilities
6    owned by a utility, by a power generator, or by the
7    Illinois Power Agency.
8        (y) Information contained in or related to proposals,
9    bids, or negotiations related to electric power
10    procurement under Section 1-75 of the Illinois Power Agency
11    Act and Section 16-111.5 of the Public Utilities Act that
12    is determined to be confidential and proprietary by the
13    Illinois Power Agency or by the Illinois Commerce
14    Commission.
15        (z) Information about students exempted from
16    disclosure under Sections 10-20.38 or 34-18.29 of the
17    School Code, and information about undergraduate students
18    enrolled at an institution of higher education exempted
19    from disclosure under Section 25 of the Illinois Credit
20    Card Marketing Act of 2009.
21        (aa) Information the disclosure of which is exempted
22    under the Viatical Settlements Act of 2009.
23        (bb) Records and information provided to a mortality
24    review team and records maintained by a mortality review
25    team appointed under the Department of Juvenile Justice
26    Mortality Review Team Act.



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1        (cc) Information regarding interments, entombments, or
2    inurnments of human remains that are submitted to the
3    Cemetery Oversight Database under the Cemetery Care Act or
4    the Cemetery Oversight Act, whichever is applicable.
5        (dd) Correspondence and records (i) that may not be
6    disclosed under Section 11-9 of the Illinois Public Aid
7    Code or (ii) that pertain to appeals under Section 11-8 of
8    the Illinois Public Aid Code.
9        (ee) The names, addresses, or other personal
10    information of persons who are minors and are also
11    participants and registrants in programs of park
12    districts, forest preserve districts, conservation
13    districts, recreation agencies, and special recreation
14    associations.
15        (ff) The names, addresses, or other personal
16    information of participants and registrants in programs of
17    park districts, forest preserve districts, conservation
18    districts, recreation agencies, and special recreation
19    associations where such programs are targeted primarily to
20    minors.
21        (gg) Confidential information described in Section
22    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
23        (hh) The report submitted to the State Board of
24    Education by the School Security and Standards Task Force
25    under item (8) of subsection (d) of Section 2-3.160 of the
26    School Code and any information contained in that report.



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1        (ii) Records requested by persons committed to or
2    detained by the Department of Human Services under the
3    Sexually Violent Persons Commitment Act or committed to the
4    Department of Corrections under the Sexually Dangerous
5    Persons Act if those materials: (i) are available in the
6    library of the facility where the individual is confined;
7    (ii) include records from staff members' personnel files,
8    staff rosters, or other staffing assignment information;
9    or (iii) are available through an administrative request to
10    the Department of Human Services or the Department of
11    Corrections.
12        (jj) Confidential information described in Section
13    5-535 of the Civil Administrative Code of Illinois.
14        (kk) Records concerning the work of the threat
15    assessment team of a school district.
16    (1.5) Any information exempt from disclosure under the
17Judicial Privacy Act shall be redacted from public records
18prior to disclosure under this Act.
19    (2) A public record that is not in the possession of a
20public body but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the public body, and that directly relates to the
23governmental function and is not otherwise exempt under this
24Act, shall be considered a public record of the public body,
25for purposes of this Act.
26    (3) This Section does not authorize withholding of



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1information or limit the availability of records to the public,
2except as stated in this Section or otherwise provided in this
4(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
5eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
6100-732, eff. 8-3-18.)
7    Section 15. The Illinois School Student Records Act is
8amended by changing Section 6 as follows:
9    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
10    Sec. 6. (a) No school student records or information
11contained therein may be released, transferred, disclosed or
12otherwise disseminated, except as follows:
13        (1) to a parent or student or person specifically
14    designated as a representative by a parent, as provided in
15    paragraph (a) of Section 5;
16        (2) to an employee or official of the school or school
17    district or State Board with current demonstrable
18    educational or administrative interest in the student, in
19    furtherance of such interest;
20        (3) to the official records custodian of another school
21    within Illinois or an official with similar
22    responsibilities of a school outside Illinois, in which the
23    student has enrolled, or intends to enroll, upon the
24    request of such official or student;



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1        (4) to any person for the purpose of research,
2    statistical reporting, or planning, provided that such
3    research, statistical reporting, or planning is
4    permissible under and undertaken in accordance with the
5    federal Family Educational Rights and Privacy Act (20
6    U.S.C. 1232g);
7        (5) pursuant to a court order, provided that the parent
8    shall be given prompt written notice upon receipt of such
9    order of the terms of the order, the nature and substance
10    of the information proposed to be released in compliance
11    with such order and an opportunity to inspect and copy the
12    school student records and to challenge their contents
13    pursuant to Section 7;
14        (6) to any person as specifically required by State or
15    federal law;
16        (6.5) to juvenile authorities when necessary for the
17    discharge of their official duties who request information
18    prior to adjudication of the student and who certify in
19    writing that the information will not be disclosed to any
20    other party except as provided under law or order of court.
21    For purposes of this Section "juvenile authorities" means:
22    (i) a judge of the circuit court and members of the staff
23    of the court designated by the judge; (ii) parties to the
24    proceedings under the Juvenile Court Act of 1987 and their
25    attorneys; (iii) probation officers and court appointed
26    advocates for the juvenile authorized by the judge hearing



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1    the case; (iv) any individual, public or private agency
2    having custody of the child pursuant to court order; (v)
3    any individual, public or private agency providing
4    education, medical or mental health service to the child
5    when the requested information is needed to determine the
6    appropriate service or treatment for the minor; (vi) any
7    potential placement provider when such release is
8    authorized by the court for the limited purpose of
9    determining the appropriateness of the potential
10    placement; (vii) law enforcement officers and prosecutors;
11    (viii) adult and juvenile prisoner review boards; (ix)
12    authorized military personnel; (x) individuals authorized
13    by court;
14        (7) subject to regulations of the State Board, in
15    connection with an emergency, to appropriate persons if the
16    knowledge of such information is necessary to protect the
17    health or safety of the student or other persons;
18        (8) to any person, with the prior specific dated
19    written consent of the parent designating the person to
20    whom the records may be released, provided that at the time
21    any such consent is requested or obtained, the parent shall
22    be advised in writing that he has the right to inspect and
23    copy such records in accordance with Section 5, to
24    challenge their contents in accordance with Section 7 and
25    to limit any such consent to designated records or
26    designated portions of the information contained therein;



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1        (9) to a governmental agency, or social service agency
2    contracted by a governmental agency, in furtherance of an
3    investigation of a student's school attendance pursuant to
4    the compulsory student attendance laws of this State,
5    provided that the records are released to the employee or
6    agent designated by the agency;
7        (10) to those SHOCAP committee members who fall within
8    the meaning of "state and local officials and authorities",
9    as those terms are used within the meaning of the federal
10    Family Educational Rights and Privacy Act, for the purposes
11    of identifying serious habitual juvenile offenders and
12    matching those offenders with community resources pursuant
13    to Section 5-145 of the Juvenile Court Act of 1987, but
14    only to the extent that the release, transfer, disclosure,
15    or dissemination is consistent with the Family Educational
16    Rights and Privacy Act;
17        (11) to the Department of Healthcare and Family
18    Services in furtherance of the requirements of Section
19    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
20    Section 10 of the School Breakfast and Lunch Program Act;
21    or
22        (12) to the State Board or another State government
23    agency or between or among State government agencies in
24    order to evaluate or audit federal and State programs or
25    perform research and planning, but only to the extent that
26    the release, transfer, disclosure, or dissemination is



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1    consistent with the federal Family Educational Rights and
2    Privacy Act (20 U.S.C. 1232g); or .
3        (13) to another school district when a clear and
4    present danger presents itself, in accordance with
5    subsection (d) of Section 45 of the School Safety Drill
6    Act.
7    (b) No information may be released pursuant to subparagraph
8(3) or (6) of paragraph (a) of this Section 6 unless the parent
9receives prior written notice of the nature and substance of
10the information proposed to be released, and an opportunity to
11inspect and copy such records in accordance with Section 5 and
12to challenge their contents in accordance with Section 7.
13Provided, however, that such notice shall be sufficient if
14published in a local newspaper of general circulation or other
15publication directed generally to the parents involved where
16the proposed release of information is pursuant to subparagraph
17(6) of paragraph (a) of this Section 6 and relates to more than
1825 students.
19    (c) A record of any release of information pursuant to this
20Section must be made and kept as a part of the school student
21record and subject to the access granted by Section 5. Such
22record of release shall be maintained for the life of the
23school student records and shall be available only to the
24parent and the official records custodian. Each record of
25release shall also include:
26        (1) the nature and substance of the information



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1    released;
2        (2) the name and signature of the official records
3    custodian releasing such information;
4        (3) the name of the person requesting such information,
5    the capacity in which such a request has been made, and the
6    purpose of such request;
7        (4) the date of the release; and
8        (5) a copy of any consent to such release.
9    (d) Except for the student and his parents, no person to
10whom information is released pursuant to this Section and no
11person specifically designated as a representative by a parent
12may permit any other person to have access to such information
13without a prior consent of the parent obtained in accordance
14with the requirements of subparagraph (8) of paragraph (a) of
15this Section.
16    (e) Nothing contained in this Act shall prohibit the
17publication of student directories which list student names,
18addresses and other identifying information and similar
19publications which comply with regulations issued by the State
21(Source: P.A. 99-78, eff. 7-20-15.)
22    Section 20. The School Safety Drill Act is amended by
23adding Section 45 as follows:
24    (105 ILCS 128/45 new)



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1    Sec. 45. Threat assessment protocol.
2    (a) The school board of each school district shall adopt a
3threat assessment protocol. The school board shall create a
4threat assessment team to develop the threat assessment
5protocol, which shall include at least one member representing
6each of the following stakeholder groups:
7        (1) administrators employed by the school district;
8        (2) teachers employed by the school district;
9        (3) school counselors employed by the school district;
10        (4) school social workers employed by the school
11    district;
12        (5) school nurses employed by the school district;
13        (6) parents whose children are enrolled in the school
14    district;
15        (7) students who are enrolled in the school district;
16    and
17        (8) emergency response professionals.
18    (b) A threat assessment protocol adopted by the school
19board shall be a public document, and the school district shall
20post the threat assessment protocol on its website.
21    (c) The school board shall create the threat assessment
22team within 30 days after the effective date of this amendatory
23Act of the 101st General Assembly and shall adopt an initial
24threat assessment protocol within 90 days after the effective
25date of this amendatory Act of the 101st General Assembly.
26    (d) A school district may share information concerning a



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1clear and present danger with another school district. The term
2"clear and present danger" has the same meaning as provided in
3the Firearm Owners Identification Card Act. The sharing of
4information shall comply with the federal Family Educational
5Rights and Privacy Act of 1974.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.