HB4103 EngrossedLRB101 16405 CMG 65784 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 School Code is amended by changing Sections
510-20.59, 10-21.8, 13B-60.10, 14-8.02, and 34-18.52 and by
6adding Sections 10-20.73 and 34-18.66 as follows:
 
7    (105 ILCS 5/10-20.59)
8    Sec. 10-20.59. DCFS liaison.
9    (a) Each school board must may appoint at least one
10employee to act as a liaison to facilitate the enrollment and
11transfer of records of students in the legal custody of the
12Department of Children and Family Services when enrolling in or
13changing schools. The school board may appoint any employee of
14the school district who is licensed under Article 21B of this
15Code to act as a liaison; however, employees who meet any of
16the following criteria must be prioritized for appointment:
17        (1) Employees who have worked with mobile student
18    populations or students in foster care.
19        (2) Employees who are familiar with enrollment, record
20    transfers, existing community services, and student
21    support services.
22        (3) Employees who serve as a high-level administrator.
23        (4) Employees who are counselors or have experience

 

 

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1    with student counseling.
2        (5) Employees who are knowledgeable on child welfare
3    policies.
4        (6) Employees who serve as a school social worker.
5    (b) Liaisons under this Section are encouraged to build
6capacity and infrastructure within their school district to
7support students in the legal custody of the Department of
8Children and Family Services. Liaison responsibilities may
9include the following:
10        (1) streamlining the enrollment processes for students
11    in foster care;
12        (2) implementing student data tracking and monitoring
13    mechanisms;
14        (3) ensuring that students in the legal custody of the
15    Department of Children and Family Services receive all
16    school nutrition and meal programs available;
17        (4) coordinating student withdrawal from a school,
18    record transfers, and credit recovery;
19        (5) becoming experts on the foster care system and
20    State laws and policies in place that support children
21    under the legal custody of the Department of Children and
22    Family Services;
23        (6) coordinating with child welfare partners;
24        (7) providing foster care-related information and
25    training to the school district;
26        (8) working with the Department of Children and Family

 

 

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1    Services to help students maintain their school placement,
2    if appropriate;
3        (9) reviewing student schedules to ensure that
4    students are on track to graduate;
5        (10) encouraging a successful transition into
6    adulthood and post-secondary opportunities;
7        (11) encouraging involvement in extracurricular
8    activities; and
9        (12) knowing what support is available within the
10    school district and community for students in the legal
11    custody of the Department of Children and Family Services.
12    (c) A school district is required encouraged to designate a
13liaison by the beginning of the 2021-2022 2017-2018 school
14year.
15    (d) Individuals licensed under Article 21B of this Code
16acting as a liaison under this Section shall perform the duties
17of a liaison in addition to existing contractual obligations.
18(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
19    (105 ILCS 5/10-20.73 new)
20    Sec. 10-20.73. Parent-teacher conference and other
21meetings; caseworker. For any student who is in the legal
22custody of the Department of Children and Family Services, the
23liaison appointed under Section 10-20.59 must inform the
24Department's Office of Education and Transition Services of a
25parent-teacher conference or any other meeting concerning the

 

 

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1student that would otherwise involve a parent and must, at the
2option of the caseworker, allow the student's caseworker to
3attend the conference or meeting.
 
4    (105 ILCS 5/10-21.8)  (from Ch. 122, par. 10-21.8)
5    Sec. 10-21.8. Correspondence and Reports. In the absence of
6any court order to the contrary to require that, upon the
7request of either parent of a pupil whose parents are divorced
8or, if the student is in the legal custody of the Department of
9Children and Family Services, the Department's Office of
10Education and Transition Services, copies of the following:
11reports or records which reflect the pupil's academic progress,
12reports of the pupil's emotional and physical health, notices
13of school-initiated parent-teacher conference, notices of
14major school-sponsored events, such as open houses, which
15involve pupil-parent interaction, and copies of the school
16calendar regarding the child which are furnished by the school
17district to one parent be furnished by mail to the other parent
18or, if applicable, the Department's Office of Education and
19Transition Services. Notwithstanding the foregoing provisions
20of this Section a school board shall not, under the authority
21of this Section, refuse to mail copies of reports, records,
22notices or other documents regarding a pupil to a parent of the
23pupil as provided by this Section, unless the school board
24first has been furnished with a certified copy of the court
25order prohibiting the release of such reports, records, notices

 

 

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1or other documents to that parent. No such reports or records
2with respect to a pupil shall be provided to a parent who has
3been prohibited by an order of protection from inspecting or
4obtaining school records of that pupil pursuant to the Illinois
5Domestic Violence Act of 1986, as now or hereafter amended.
6(Source: P.A. 86-966.)
 
7    (105 ILCS 5/13B-60.10)
8    Sec. 13B-60.10. Parent conference. Before being enrolled
9in an alternative learning opportunities program, the student
10and each of his or her parents or guardians, and, if the
11student is in the legal custody of the Department of Children
12and Family Services, the Department's Office of Education and
13Transition Services shall receive written notice to attend a
14conference to determine if the student would benefit from
15attending an alternative learning opportunities program. The
16conference must provide all of the information necessary for
17the student and parent or guardian to make an informed decision
18regarding enrollment in an alternative learning opportunities
19program. The conference shall include a discussion of the
20extent to which the student, if enrolled in the program, may
21participate in school activities. No student shall be enrolled
22in an alternative learning opportunities program without the
23consent of the student's parent or guardian.
24(Source: P.A. 92-42, eff. 1-1-02.)
 

 

 

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1    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
2    Sec. 14-8.02. Identification, evaluation, and placement of
3children.
4    (a) The State Board of Education shall make rules under
5which local school boards shall determine the eligibility of
6children to receive special education. Such rules shall ensure
7that a free appropriate public education be available to all
8children with disabilities as defined in Section 14-1.02. The
9State Board of Education shall require local school districts
10to administer non-discriminatory procedures or tests to
11English learners coming from homes in which a language other
12than English is used to determine their eligibility to receive
13special education. The placement of low English proficiency
14students in special education programs and facilities shall be
15made in accordance with the test results reflecting the
16student's linguistic, cultural and special education needs.
17For purposes of determining the eligibility of children the
18State Board of Education shall include in the rules definitions
19of "case study", "staff conference", "individualized
20educational program", and "qualified specialist" appropriate
21to each category of children with disabilities as defined in
22this Article. For purposes of determining the eligibility of
23children from homes in which a language other than English is
24used, the State Board of Education shall include in the rules
25definitions for "qualified bilingual specialists" and
26"linguistically and culturally appropriate individualized

 

 

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1educational programs". For purposes of this Section, as well as
2Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
3"parent" means a parent as defined in the federal Individuals
4with Disabilities Education Act (20 U.S.C. 1401(23)).
5    (b) No child shall be eligible for special education
6facilities except with a carefully completed case study fully
7reviewed by professional personnel in a multidisciplinary
8staff conference and only upon the recommendation of qualified
9specialists or a qualified bilingual specialist, if available.
10At the conclusion of the multidisciplinary staff conference,
11the parent of the child and, if the child is in the legal
12custody of the Department of Children and Family Services, the
13Department's Office of Education and Transition Services shall
14be given a copy of the multidisciplinary conference summary
15report and recommendations, which includes options considered,
16and, in the case of the parent, be informed of his or her their
17right to obtain an independent educational evaluation if he or
18she disagrees they disagree with the evaluation findings
19conducted or obtained by the school district. If the school
20district's evaluation is shown to be inappropriate, the school
21district shall reimburse the parent for the cost of the
22independent evaluation. The State Board of Education shall,
23with advice from the State Advisory Council on Education of
24Children with Disabilities on the inclusion of specific
25independent educational evaluators, prepare a list of
26suggested independent educational evaluators. The State Board

 

 

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1of Education shall include on the list clinical psychologists
2licensed pursuant to the Clinical Psychologist Licensing Act.
3Such psychologists shall not be paid fees in excess of the
4amount that would be received by a school psychologist for
5performing the same services. The State Board of Education
6shall supply school districts with such list and make the list
7available to parents at their request. School districts shall
8make the list available to parents at the time they are
9informed of their right to obtain an independent educational
10evaluation. However, the school district may initiate an
11impartial due process hearing under this Section within 5 days
12of any written parent request for an independent educational
13evaluation to show that its evaluation is appropriate. If the
14final decision is that the evaluation is appropriate, the
15parent still has a right to an independent educational
16evaluation, but not at public expense. An independent
17educational evaluation at public expense must be completed
18within 30 days of a parent written request unless the school
19district initiates an impartial due process hearing or the
20parent or school district offers reasonable grounds to show
21that such 30-day 30 day time period should be extended. If the
22due process hearing decision indicates that the parent is
23entitled to an independent educational evaluation, it must be
24completed within 30 days of the decision unless the parent or
25the school district offers reasonable grounds to show that such
2630-day 30 day period should be extended. If a parent disagrees

 

 

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1with the summary report or recommendations of the
2multidisciplinary conference or the findings of any
3educational evaluation which results therefrom, the school
4district shall not proceed with a placement based upon such
5evaluation and the child shall remain in his or her regular
6classroom setting. No child shall be eligible for admission to
7a special class for children with a mental disability who are
8educable or for children with a mental disability who are
9trainable except with a psychological evaluation and
10recommendation by a school psychologist. Consent shall be
11obtained from the parent of a child before any evaluation is
12conducted. If consent is not given by the parent or if the
13parent disagrees with the findings of the evaluation, then the
14school district may initiate an impartial due process hearing
15under this Section. The school district may evaluate the child
16if that is the decision resulting from the impartial due
17process hearing and the decision is not appealed or if the
18decision is affirmed on appeal. The determination of
19eligibility shall be made and the IEP meeting shall be
20completed within 60 school days from the date of written
21parental consent. In those instances when written parental
22consent is obtained with fewer than 60 pupil attendance days
23left in the school year, the eligibility determination shall be
24made and the IEP meeting shall be completed prior to the first
25day of the following school year. Special education and related
26services must be provided in accordance with the student's IEP

 

 

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1no later than 10 school attendance days after notice is
2provided to the parents pursuant to Section 300.503 of Title 34
3of the Code of Federal Regulations and implementing rules
4adopted by the State Board of Education. The appropriate
5program pursuant to the individualized educational program of
6students whose native tongue is a language other than English
7shall reflect the special education, cultural and linguistic
8needs. No later than September 1, 1993, the State Board of
9Education shall establish standards for the development,
10implementation and monitoring of appropriate bilingual special
11individualized educational programs. The State Board of
12Education shall further incorporate appropriate monitoring
13procedures to verify implementation of these standards. The
14district shall indicate to the parent, and the State Board of
15Education, and, if applicable, the Department's Office of
16Education and Transition Services the nature of the services
17the child will receive for the regular school term while
18waiting placement in the appropriate special education class.
19At the child's initial IEP meeting and at each annual review
20meeting, the child's IEP team shall provide the child's parent
21or guardian and, if applicable, the Department's Office of
22Education and Transition Services with a written notification
23that informs the parent or guardian or the Department's Office
24of Education and Transition Services that the IEP team is
25required to consider whether the child requires assistive
26technology in order to receive free, appropriate public

 

 

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1education. The notification must also include a toll-free
2telephone number and internet address for the State's assistive
3technology program.
4    If the child is deaf, hard of hearing, blind, or visually
5impaired and he or she might be eligible to receive services
6from the Illinois School for the Deaf or the Illinois School
7for the Visually Impaired, the school district shall notify the
8parents, in writing, of the existence of these schools and the
9services they provide and shall make a reasonable effort to
10inform the parents of the existence of other, local schools
11that provide similar services and the services that these other
12schools provide. This notification shall include without
13limitation information on school services, school admissions
14criteria, and school contact information.
15    In the development of the individualized education program
16for a student who has a disability on the autism spectrum
17(which includes autistic disorder, Asperger's disorder,
18pervasive developmental disorder not otherwise specified,
19childhood disintegrative disorder, and Rett Syndrome, as
20defined in the Diagnostic and Statistical Manual of Mental
21Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
22consider all of the following factors:
23        (1) The verbal and nonverbal communication needs of the
24    child.
25        (2) The need to develop social interaction skills and
26    proficiencies.

 

 

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1        (3) The needs resulting from the child's unusual
2    responses to sensory experiences.
3        (4) The needs resulting from resistance to
4    environmental change or change in daily routines.
5        (5) The needs resulting from engagement in repetitive
6    activities and stereotyped movements.
7        (6) The need for any positive behavioral
8    interventions, strategies, and supports to address any
9    behavioral difficulties resulting from autism spectrum
10    disorder.
11        (7) Other needs resulting from the child's disability
12    that impact progress in the general curriculum, including
13    social and emotional development.
14Public Act 95-257 does not create any new entitlement to a
15service, program, or benefit, but must not affect any
16entitlement to a service, program, or benefit created by any
17other law.
18    If the student may be eligible to participate in the
19Home-Based Support Services Program for Adults with Mental
20Disabilities authorized under the Developmental Disability and
21Mental Disability Services Act upon becoming an adult, the
22student's individualized education program shall include plans
23for (i) determining the student's eligibility for those
24home-based services, (ii) enrolling the student in the program
25of home-based services, and (iii) developing a plan for the
26student's most effective use of the home-based services after

 

 

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1the student becomes an adult and no longer receives special
2educational services under this Article. The plans developed
3under this paragraph shall include specific actions to be taken
4by specified individuals, agencies, or officials.
5    (c) In the development of the individualized education
6program for a student who is functionally blind, it shall be
7presumed that proficiency in Braille reading and writing is
8essential for the student's satisfactory educational progress.
9For purposes of this subsection, the State Board of Education
10shall determine the criteria for a student to be classified as
11functionally blind. Students who are not currently identified
12as functionally blind who are also entitled to Braille
13instruction include: (i) those whose vision loss is so severe
14that they are unable to read and write at a level comparable to
15their peers solely through the use of vision, and (ii) those
16who show evidence of progressive vision loss that may result in
17functional blindness. Each student who is functionally blind
18shall be entitled to Braille reading and writing instruction
19that is sufficient to enable the student to communicate with
20the same level of proficiency as other students of comparable
21ability. Instruction should be provided to the extent that the
22student is physically and cognitively able to use Braille.
23Braille instruction may be used in combination with other
24special education services appropriate to the student's
25educational needs. The assessment of each student who is
26functionally blind for the purpose of developing the student's

 

 

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1individualized education program shall include documentation
2of the student's strengths and weaknesses in Braille skills.
3Each person assisting in the development of the individualized
4education program for a student who is functionally blind shall
5receive information describing the benefits of Braille
6instruction. The individualized education program for each
7student who is functionally blind shall specify the appropriate
8learning medium or media based on the assessment report.
9    (d) To the maximum extent appropriate, the placement shall
10provide the child with the opportunity to be educated with
11children who do not have a disability; provided that children
12with disabilities who are recommended to be placed into regular
13education classrooms are provided with supplementary services
14to assist the children with disabilities to benefit from the
15regular classroom instruction and are included on the teacher's
16regular education class register. Subject to the limitation of
17the preceding sentence, placement in special classes, separate
18schools or other removal of the child with a disability from
19the regular educational environment shall occur only when the
20nature of the severity of the disability is such that education
21in the regular classes with the use of supplementary aids and
22services cannot be achieved satisfactorily. The placement of
23English learners with disabilities shall be in non-restrictive
24environments which provide for integration with peers who do
25not have disabilities in bilingual classrooms. Annually, each
26January, school districts shall report data on students from

 

 

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1non-English speaking backgrounds receiving special education
2and related services in public and private facilities as
3prescribed in Section 2-3.30. If there is a disagreement
4between parties involved regarding the special education
5placement of any child, either in-state or out-of-state, the
6placement is subject to impartial due process procedures
7described in Article 10 of the Rules and Regulations to Govern
8the Administration and Operation of Special Education.
9    (e) No child who comes from a home in which a language
10other than English is the principal language used may be
11assigned to any class or program under this Article until he
12has been given, in the principal language used by the child and
13used in his home, tests reasonably related to his cultural
14environment. All testing and evaluation materials and
15procedures utilized for evaluation and placement shall not be
16linguistically, racially or culturally discriminatory.
17    (f) Nothing in this Article shall be construed to require
18any child to undergo any physical examination or medical
19treatment whose parents object thereto on the grounds that such
20examination or treatment conflicts with his religious beliefs.
21    (g) School boards or their designee shall provide to the
22parents of a child or, if applicable, the Department of
23Children and Family Services' Office of Education and
24Transition Services prior written notice of any decision (a)
25proposing to initiate or change, or (b) refusing to initiate or
26change, the identification, evaluation, or educational

 

 

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1placement of the child or the provision of a free appropriate
2public education to their child, and the reasons therefor. For
3a parent, such Such written notification shall also inform the
4parent of the opportunity to present complaints with respect to
5any matter relating to the educational placement of the
6student, or the provision of a free appropriate public
7education and to have an impartial due process hearing on the
8complaint. The notice shall inform the parents in the parents'
9native language, unless it is clearly not feasible to do so, of
10their rights and all procedures available pursuant to this Act
11and the federal Individuals with Disabilities Education
12Improvement Act of 2004 (Public Law 108-446); it shall be the
13responsibility of the State Superintendent to develop uniform
14notices setting forth the procedures available under this Act
15and the federal Individuals with Disabilities Education
16Improvement Act of 2004 (Public Law 108-446) to be used by all
17school boards. The notice shall also inform the parents of the
18availability upon request of a list of free or low-cost legal
19and other relevant services available locally to assist parents
20in initiating an impartial due process hearing. The State
21Superintendent shall revise the uniform notices required by
22this subsection (g) to reflect current law and procedures at
23least once every 2 years. Any parent who is deaf, or does not
24normally communicate using spoken English, who participates in
25a meeting with a representative of a local educational agency
26for the purposes of developing an individualized educational

 

 

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1program shall be entitled to the services of an interpreter.
2The State Board of Education must adopt rules to establish the
3criteria, standards, and competencies for a bilingual language
4interpreter who attends an individualized education program
5meeting under this subsection to assist a parent who has
6limited English proficiency.
7    (g-5) For purposes of this subsection (g-5), "qualified
8professional" means an individual who holds credentials to
9evaluate the child in the domain or domains for which an
10evaluation is sought or an intern working under the direct
11supervision of a qualified professional, including a master's
12or doctoral degree candidate.
13    To ensure that a parent can participate fully and
14effectively with school personnel in the development of
15appropriate educational and related services for his or her
16child, the parent, an independent educational evaluator, or a
17qualified professional retained by or on behalf of a parent or
18child must be afforded reasonable access to educational
19facilities, personnel, classrooms, and buildings and to the
20child as provided in this subsection (g-5). The requirements of
21this subsection (g-5) apply to any public school facility,
22building, or program and to any facility, building, or program
23supported in whole or in part by public funds. Prior to
24visiting a school, school building, or school facility, the
25parent, independent educational evaluator, or qualified
26professional may be required by the school district to inform

 

 

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1the building principal or supervisor in writing of the proposed
2visit, the purpose of the visit, and the approximate duration
3of the visit. The visitor and the school district shall arrange
4the visit or visits at times that are mutually agreeable.
5Visitors shall comply with school safety, security, and
6visitation policies at all times. School district visitation
7policies must not conflict with this subsection (g-5). Visitors
8shall be required to comply with the requirements of applicable
9privacy laws, including those laws protecting the
10confidentiality of education records such as the federal Family
11Educational Rights and Privacy Act and the Illinois School
12Student Records Act. The visitor shall not disrupt the
13educational process.
14        (1) A parent must be afforded reasonable access of
15    sufficient duration and scope for the purpose of observing
16    his or her child in the child's current educational
17    placement, services, or program or for the purpose of
18    visiting an educational placement or program proposed for
19    the child.
20        (2) An independent educational evaluator or a
21    qualified professional retained by or on behalf of a parent
22    or child must be afforded reasonable access of sufficient
23    duration and scope for the purpose of conducting an
24    evaluation of the child, the child's performance, the
25    child's current educational program, placement, services,
26    or environment, or any educational program, placement,

 

 

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1    services, or environment proposed for the child, including
2    interviews of educational personnel, child observations,
3    assessments, tests or assessments of the child's
4    educational program, services, or placement or of any
5    proposed educational program, services, or placement. If
6    one or more interviews of school personnel are part of the
7    evaluation, the interviews must be conducted at a mutually
8    agreed upon time, date, and place that do not interfere
9    with the school employee's school duties. The school
10    district may limit interviews to personnel having
11    information relevant to the child's current educational
12    services, program, or placement or to a proposed
13    educational service, program, or placement.
14    (h) (Blank).
15    (i) (Blank).
16    (j) (Blank).
17    (k) (Blank).
18    (l) (Blank).
19    (m) (Blank).
20    (n) (Blank).
21    (o) (Blank).
22(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
23100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
24    (105 ILCS 5/34-18.52)
25    Sec. 34-18.52. DCFS liaison.

 

 

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1    (a) The board must may appoint at least one employee to act
2as a liaison to facilitate the enrollment and transfer of
3records of students in the legal custody of the Department of
4Children and Family Services when enrolling in or changing
5schools. The board may appoint any employee of the school
6district who is licensed under Article 21B of this Code to act
7as a liaison; however, employees who meet any of the following
8criteria must be prioritized for appointment:
9        (1) Employees who have worked with mobile student
10    populations or students in foster care.
11        (2) Employees who are familiar with enrollment, record
12    transfers, existing community services, and student
13    support services.
14        (3) Employees who serve as a high-level administrator.
15        (4) Employees who are counselors or have experience
16    with student counseling.
17        (5) Employees who are knowledgeable on child welfare
18    policies.
19        (6) Employees who serve as a school social worker.
20    (b) Liaisons under this Section are encouraged to build
21capacity and infrastructure within the school district to
22support students in the legal custody of the Department of
23Children and Family Services. Liaison responsibilities may
24include the following:
25        (1) streamlining the enrollment processes for students
26    in foster care;

 

 

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1        (2) implementing student data tracking and monitoring
2    mechanisms;
3        (3) ensuring that students in the legal custody of the
4    Department of Children and Family Services receive all
5    school nutrition and meal programs available;
6        (4) coordinating student withdrawal from a school,
7    record transfers, and credit recovery;
8        (5) becoming experts on the foster care system and
9    State laws and policies in place that support children
10    under the legal custody of the Department of Children and
11    Family Services;
12        (6) coordinating with child welfare partners;
13        (7) providing foster care-related information and
14    training to the school district;
15        (8) working with the Department of Children and Family
16    Services to help students maintain their school placement,
17    if appropriate;
18        (9) reviewing student schedules to ensure that
19    students are on track to graduate;
20        (10) encouraging a successful transition into
21    adulthood and post-secondary opportunities;
22        (11) encouraging involvement in extracurricular
23    activities; and
24        (12) knowing what support is available within the
25    school district and community for students in the legal
26    custody of the Department of Children and Family Services.

 

 

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1    (c) The school district is required encouraged to designate
2a liaison by the beginning of the 2021-2022 2017-2018 school
3year.
4    (d) Individuals licensed under Article 21B of this Code
5acting as a liaison under this Section shall perform the duties
6of a liaison in addition to existing contractual obligations.
7(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
8    (105 ILCS 5/34-18.66 new)
9    Sec. 34-18.66. Parent-teacher conference and other
10meetings; caseworker. For any student who is in the legal
11custody of the Department of Children and Family Services, the
12liaison appointed under Section 34-18.52 must inform the
13Department's Office of Education and Transition Services of a
14parent-teacher conference or any other meeting concerning the
15student that would otherwise involve a parent and must, at the
16option of the caseworker, allow the student's caseworker to
17attend the conference or meeting.
 
18    Section 10. The Illinois School Student Records Act is
19amended by changing Sections 2, 4, 5, and 6 as follows:
 
20    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
21    Sec. 2. As used in this Act: ,
22    (a) "Student" means any person enrolled or previously
23enrolled in a school.

 

 

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1    (b) "School" means any public preschool, day care center,
2kindergarten, nursery, elementary or secondary educational
3institution, vocational school, special educational facility
4or any other elementary or secondary educational agency or
5institution and any person, agency or institution which
6maintains school student records from more than one school, but
7does not include a private or non-public school.
8    (c) "State Board" means the State Board of Education.
9    (d) "School Student Record" means any writing or other
10recorded information concerning a student and by which a
11student may be individually identified, maintained by a school
12or at its direction or by an employee of a school, regardless
13of how or where the information is stored. The following shall
14not be deemed school student records under this Act: writings
15or other recorded information maintained by an employee of a
16school or other person at the direction of a school for his or
17her exclusive use; provided that all such writings and other
18recorded information are destroyed not later than the student's
19graduation or permanent withdrawal from the school; and
20provided further that no such records or recorded information
21may be released or disclosed to any person except a person
22designated by the school as a substitute unless they are first
23incorporated in a school student record and made subject to all
24of the provisions of this Act. School student records shall not
25include information maintained by law enforcement
26professionals working in the school.

 

 

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1    (e) "Student Permanent Record" means the minimum personal
2information necessary to a school in the education of the
3student and contained in a school student record. Such
4information may include the student's name, birth date,
5address, grades and grade level, parents' names and addresses,
6attendance records, and such other entries as the State Board
7may require or authorize.
8    (f) "Student Temporary Record" means all information
9contained in a school student record but not contained in the
10student permanent record. Such information may include family
11background information, intelligence test scores, aptitude
12test scores, psychological and personality test results,
13teacher evaluations, and other information of clear relevance
14to the education of the student, all subject to regulations of
15the State Board. The information shall include information
16provided under Section 8.6 of the Abused and Neglected Child
17Reporting Act and information contained in service logs
18maintained by a local education agency under subsection (d) of
19Section 14-8.02f of the School Code. In addition, the student
20temporary record shall include information regarding serious
21disciplinary infractions that resulted in expulsion,
22suspension, or the imposition of punishment or sanction. For
23purposes of this provision, serious disciplinary infractions
24means: infractions involving drugs, weapons, or bodily harm to
25another.
26    (g) "Parent" means a person who is the natural parent of

 

 

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1the student or other person who has the primary responsibility
2for the care and upbringing of the student. All rights and
3privileges accorded to a parent under this Act shall become
4exclusively those of the student upon his 18th birthday,
5graduation from secondary school, marriage or entry into
6military service, whichever occurs first. Such rights and
7privileges may also be exercised by the student at any time
8with respect to the student's permanent school record.
9    (h) "Department" means the Department of Children and
10Family Services.
11(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
12    (105 ILCS 10/4)  (from Ch. 122, par. 50-4)
13    Sec. 4. (a) Each school shall designate an official records
14custodian who is responsible for the maintenance, care and
15security of all school student records, whether or not such
16records are in his personal custody or control.
17    (b) The official records custodian shall take all
18reasonable measures to prevent unauthorized access to or
19dissemination of school student records.
20    (c) Information contained in or added to a school student
21record shall be limited to information which is of clear
22relevance to the education of the student.
23    (d) Information added to a student temporary record after
24the effective date of this Act shall include the name,
25signature and position of the person who has added such

 

 

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1information and the date of its entry into the record.
2    (e) Each school shall maintain student permanent records
3and the information contained therein for not less than 60
4years after the student has transferred, graduated or otherwise
5permanently withdrawn from the school.
6    (f) Each school shall maintain student temporary records
7and the information contained in those records for not less
8than 5 years after the student has transferred, graduated, or
9otherwise withdrawn from the school. However, student
10temporary records shall not be disclosed except as provided in
11Section 5 or 6 or by court order. A school may maintain
12indefinitely anonymous information from student temporary
13records for authorized research, statistical reporting or
14planning purposes, provided that no student or parent can be
15individually identified from the information maintained.
16    (g) The principal of each school or the person with like
17responsibilities or his or her designate shall periodically
18review each student temporary record for verification of
19entries and elimination or correction of all inaccurate,
20misleading, unnecessary or irrelevant information. The State
21Board shall issue regulations to govern the periodic review of
22the student temporary records and length of time for
23maintenance of entries to such records.
24    (h) Before any school student record is destroyed or
25information deleted therefrom, the parent or the student, if
26the rights and privileges accorded to the parent under this Act

 

 

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1have been transferred to the student, and, if the student is in
2the legal custody of the Department of Children and Family
3Services, the Department's Office of Education and Transition
4Services shall be given reasonable prior notice in accordance
5with rules adopted by the State Board and an opportunity to
6copy the record and information proposed to be destroyed or
7deleted. A school may provide reasonable prior notice under
8this subsection to a parent or student through (i) notice in
9the school's parent or student handbook, (ii) publication in a
10newspaper published in the school district or, if no newspaper
11is published in the school district, in a newspaper of general
12circulation within the school district, (iii) U.S. mail
13delivered to the last known address of the parent or student,
14or (iv) other means provided the notice is confirmed to have
15been received.
16    (i) No school shall be required to separate permanent and
17temporary school student records of a student not enrolled in
18such school on or after the effective date of this Act or to
19destroy any such records, or comply with the provisions of
20paragraph (g) of this Section with respect to such records,
21except (1) in accordance with the request of the parent that
22any or all of such actions be taken in compliance with the
23provisions of this Act or (2) in accordance with regulations
24adopted by the State Board.
25(Source: P.A. 101-161, eff. 1-1-20.)
 

 

 

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1    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
2    Sec. 5. (a) A parent or any person specifically designated
3as a representative by a parent and, if the child is in the
4legal custody of the Department of Children and Family
5Services, the Department's Office of Education and Transition
6Services shall have the right to inspect and copy all school
7student permanent and temporary records of that parent's child.
8A student shall have the right to inspect and copy his or her
9school student permanent record. No person who is prohibited by
10an order of protection from inspecting or obtaining school
11records of a student pursuant to the Illinois Domestic Violence
12Act of 1986, as now or hereafter amended, shall have any right
13of access to, or inspection of, the school records of that
14student. If a school's principal or person with like
15responsibilities or his designee has knowledge of such order of
16protection, the school shall prohibit access or inspection of
17the student's school records by such person.
18    (b) Whenever access to any person is granted pursuant to
19paragraph (a) of this Section, at the option of that person
20either the parent or the school, a qualified professional, who
21may be a psychologist, counsellor or other advisor, and who may
22be an employee of the school or employed by the parent or the
23Department, may be present to interpret the information
24contained in the student temporary record. If the school
25requires that a professional be present, the school shall
26secure and bear any cost of the presence of the professional.

 

 

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1If the parent or the Department so requests, the school shall
2secure and bear any cost of the presence of a professional
3employed by the school.
4    (c) A parent's or student's or, if applicable, the
5Department's Office of Education and Transition Services'
6request to inspect and copy records, or to allow a specifically
7designated representative to inspect and copy records, must be
8granted within a reasonable time, and in no case later than 10
9business days after the date of receipt of such request by the
10official records custodian.
11    (c-5) The time for response under this Section may be
12extended by the school district by not more than 5 business
13days from the original due date for any of the following
14reasons:
15        (1) the requested records are stored in whole or in
16    part at other locations than the office having charge of
17    the requested records;
18        (2) the request requires the collection of a
19    substantial number of specified records;
20        (3) the request is couched in categorical terms and
21    requires an extensive search for the records responsive to
22    it;
23        (4) the requested records have not been located in the
24    course of routine search and additional efforts are being
25    made to locate them;
26        (5) the request for records cannot be complied with by

 

 

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1    the school district within the time limits prescribed by
2    subsection (c) of this Section without unduly burdening or
3    interfering with the operations of the school district; or
4        (6) there is a need for consultation, which shall be
5    conducted with all practicable speed, with another public
6    body or school district or among 2 or more components of a
7    public body or school district having a substantial
8    interest in the determination or in the subject matter of
9    the request.
10    The person making a request and the school district may
11agree in writing to extend the time for compliance for a period
12to be determined by the parties. If the requester and the
13school district agree to extend the period for compliance, a
14failure by the school district to comply with any previous
15deadlines shall not be treated as a denial of the request for
16the records.
17    (d) The school may charge its reasonable costs for the
18copying of school student records, not to exceed the amounts
19fixed in schedules adopted by the State Board, to any person
20permitted to copy such records, except that no parent or
21student shall be denied a copy of school student records as
22permitted under this Section 5 for inability to bear the cost
23of such copying.
24    (e) Nothing contained in this Section 5 shall make
25available to a parent or student or, if applicable, the
26Department's Office of Education and Transition Services

 

 

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

 

 

HB4103 Engrossed- 32 -LRB101 16405 CMG 65784 b

1    working in the school, except as provided by court order.
2    (g) No school employee shall be subjected to adverse
3employment action, the threat of adverse employment action, or
4any manner of discrimination because the employee is acting or
5has acted to protect communications as privileged or
6confidential pursuant to applicable provisions of State or
7federal law or rule or regulation.
8(Source: P.A. 100-532, eff. 9-22-17.)
 
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;
25        (4) to any person for the purpose of research,

 

 

HB4103 Engrossed- 33 -LRB101 16405 CMG 65784 b

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

 

 

HB4103 Engrossed- 34 -LRB101 16405 CMG 65784 b

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

 

 

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

 

 

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1    Privacy Act (20 U.S.C. 1232g); or .
2        (13) if the student is in the legal custody of the
3    Department of Children and Family Services, to the
4    Department's Office of Education and Transition Services.
5    (b) No information may be released pursuant to subparagraph
6(3) or (6) of paragraph (a) of this Section 6 unless the parent
7receives prior written notice of the nature and substance of
8the information proposed to be released, and an opportunity to
9inspect and copy such records in accordance with Section 5 and
10to challenge their contents in accordance with Section 7.
11Provided, however, that such notice shall be sufficient if
12published in a local newspaper of general circulation or other
13publication directed generally to the parents involved where
14the proposed release of information is pursuant to subparagraph
15(6) of paragraph (a) of this Section 6 and relates to more than
1625 students.
17    (c) A record of any release of information pursuant to this
18Section must be made and kept as a part of the school student
19record and subject to the access granted by Section 5. Such
20record of release shall be maintained for the life of the
21school student records and shall be available only to the
22parent and the official records custodian. Each record of
23release shall also include:
24        (1) the nature and substance of the information
25    released;
26        (2) the name and signature of the official records

 

 

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1    custodian releasing such information;
2        (3) the name of the person requesting such information,
3    the capacity in which such a request has been made, and the
4    purpose of such request;
5        (4) the date of the release; and
6        (5) a copy of any consent to such release.
7    (d) Except for the student and his or her parents or, if
8applicable, the Department's Office of Education and
9Transition Services, no person to whom information is released
10pursuant to this Section and no person specifically designated
11as a representative by a parent may permit any other person to
12have access to such information without a prior consent of the
13parent obtained in accordance with the requirements of
14subparagraph (8) of paragraph (a) of this Section.
15    (e) Nothing contained in this Act shall prohibit the
16publication of student directories which list student names,
17addresses and other identifying information and similar
18publications which comply with regulations issued by the State
19Board.
20(Source: P.A. 99-78, eff. 7-20-15.)
 
21    Section 99. Effective date. This Act takes effect on July
221, 2021.