Sen. Don Harmon

Filed: 5/26/2020





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2    AMENDMENT NO. ______. Amend Senate Bill 2360 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois School Student Records Act is
5amended by changing Section 6 as follows:
6    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
7    Sec. 6. (a) No school student records or information
8contained therein may be released, transferred, disclosed or
9otherwise disseminated, except as follows:
10        (1) to a parent or student or person specifically
11    designated as a representative by a parent, as provided in
12    paragraph (a) of Section 5;
13        (2) to an employee or official of the school or school
14    district or State Board with current demonstrable
15    educational or administrative interest in the student, in
16    furtherance of such interest;



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



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1    (i) a judge of the circuit court and members of the staff
2    of the court designated by the judge; (ii) parties to the
3    proceedings under the Juvenile Court Act of 1987 and their
4    attorneys; (iii) probation officers and court appointed
5    advocates for the juvenile authorized by the judge hearing
6    the case; (iv) any individual, public or private agency
7    having custody of the child pursuant to court order; (v)
8    any individual, public or private agency providing
9    education, medical or mental health service to the child
10    when the requested information is needed to determine the
11    appropriate service or treatment for the minor; (vi) any
12    potential placement provider when such release is
13    authorized by the court for the limited purpose of
14    determining the appropriateness of the potential
15    placement; (vii) law enforcement officers and prosecutors;
16    (viii) adult and juvenile prisoner review boards; (ix)
17    authorized military personnel; (x) individuals authorized
18    by court;
19        (7) subject to regulations of the State Board, in
20    connection with an emergency, to appropriate persons if the
21    knowledge of such information is necessary to protect the
22    health or safety of the student or other persons;
23        (8) to any person, with the prior specific dated
24    written consent of the parent designating the person to
25    whom the records may be released, provided that at the time
26    any such consent is requested or obtained, the parent shall



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1    be advised in writing that he has the right to inspect and
2    copy such records in accordance with Section 5, to
3    challenge their contents in accordance with Section 7 and
4    to limit any such consent to designated records or
5    designated portions of the information contained therein;
6        (9) to a governmental agency, or social service agency
7    contracted by a governmental agency, in furtherance of an
8    investigation of a student's school attendance pursuant to
9    the compulsory student attendance laws of this State,
10    provided that the records are released to the employee or
11    agent designated by the agency;
12        (10) to those SHOCAP committee members who fall within
13    the meaning of "state and local officials and authorities",
14    as those terms are used within the meaning of the federal
15    Family Educational Rights and Privacy Act, for the purposes
16    of identifying serious habitual juvenile offenders and
17    matching those offenders with community resources pursuant
18    to Section 5-145 of the Juvenile Court Act of 1987, but
19    only to the extent that the release, transfer, disclosure,
20    or dissemination is consistent with the Family Educational
21    Rights and Privacy Act;
22        (11) to the Department of Healthcare and Family
23    Services in furtherance of the requirements of Section
24    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
25    Section 10 of the School Breakfast and Lunch Program Act;
26    or



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1        (12) to the State Board or another State government
2    agency or between or among State government agencies in
3    order to evaluate or audit federal and State programs or
4    perform research and planning, but only to the extent that
5    the release, transfer, disclosure, or dissemination is
6    consistent with the federal Family Educational Rights and
7    Privacy Act (20 U.S.C. 1232g).
8        (13) Under an intergovernmental agreement if an
9    elementary school district and a high school district have
10    attendance boundaries that overlap and are parties to an
11    intergovernmental agreement that allows the sharing of
12    student records and information between the districts.
13    However, the sharing of student information is allowed
14    under an intergovernmental agreement only if the
15    intergovernmental agreement meets all of the following
16    requirements:
17            (A) The sharing of student information must be
18        voluntary and at the discretion of each school district
19        that is a party to the agreement.
20            (B) The sharing of student information applies
21        only to students who have been enrolled in both
22        districts or would be enrolled in both districts based
23        on district attendance boundaries.
24            (C) The sharing of student information does not
25        exceed the scope of information that is shared among
26        schools in a unit school district. However, the terms



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1        of an intergovernmental agreement may place further
2        limitations on the information that is allowed to be
3        shared.
4    (b) No information may be released pursuant to subparagraph
5(3) or (6) of paragraph (a) of this Section 6 unless the parent
6receives prior written notice of the nature and substance of
7the information proposed to be released, and an opportunity to
8inspect and copy such records in accordance with Section 5 and
9to challenge their contents in accordance with Section 7.
10Provided, however, that such notice shall be sufficient if
11published in a local newspaper of general circulation or other
12publication directed generally to the parents involved where
13the proposed release of information is pursuant to subparagraph
14(6) of paragraph (a) of this Section 6 and relates to more than
1525 students.
16    (c) A record of any release of information pursuant to this
17Section must be made and kept as a part of the school student
18record and subject to the access granted by Section 5. Such
19record of release shall be maintained for the life of the
20school student records and shall be available only to the
21parent and the official records custodian. Each record of
22release shall also include:
23        (1) the nature and substance of the information
24    released;
25        (2) the name and signature of the official records
26    custodian releasing such information;



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