Sen. William Delgado

Filed: 4/29/2014

 

 


 

 


 
09800SB3092sam002LRB098 15075 NHT 58810 a

1
AMENDMENT TO SENATE BILL 3092

2    AMENDMENT NO. ______. Amend Senate Bill 3092, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, as follows:
 
5by replacing line 25 on page 5 through line 3 on page 7 with the
6following:
7"of 1974 and its accompanying rules; and"; and
 
8on page 10, line 23, by deleting "or" ; and
 
9on page 10, line 26, by replacing "services." with "services;
10or"; and
 
11on page 10, immediately below line 26, by inserting the
12following:
13        "(3) designed to support a study of students or former
14    students."; and
 

 

 

09800SB3092sam002- 2 -LRB098 15075 NHT 58810 a

1on page 11, by replacing lines 1 through 24 with the following:
2    "(i) Any person aggrieved by any violation of this Section
3may institute an action for injunctive relief in the circuit
4court of the county in which the violation has occurred or the
5circuit court of the county in which the school is located. Any
6person injured by a willful or negligent violation of this
7Section may institute an action for damages in the circuit
8court of the county in which the violation has occurred or the
9circuit court of the county in which the school is located. In
10the case of any successful action under this paragraph, any
11person or school found to have willfully or negligently
12violated any provision of this Section is liable to the
13plaintiff for the plaintiff's damages, the costs of the action,
14and reasonable attorney's fees, as determined by the court.
15    Actions for injunctive relief to secure compliance with
16this Section may be brought by the State Board, by the State's
17Attorney of the county in which the alleged violation has
18occurred or the State's Attorney of the county in which the
19school is located, in each case in the circuit court of such
20county.
21    Willful failure to comply with this Section is a petty
22offense, except that any person who willfully and maliciously
23falsifies any school student record, student permanent record,
24or student temporary record is guilty of a Class A misdemeanor.
25    Absent proof of malice, no cause of action or claim for

 

 

09800SB3092sam002- 3 -LRB098 15075 NHT 58810 a

1relief, civil or criminal, may be maintained against any
2school, employee or official of a school, or person acting at
3the direction of a school for any statement made or judgment
4expressed in any entry to a school student record of a type
5that does not violate this Section or rules adopted by the
6State Board, provided that this paragraph does not limit or
7deny any defense available under existing law."; and
 
8on page 11, line 25, by replacing "(k)" with "(j)"; and
 
9on page 12, line 2, by replacing "(l)" with "(k)".