093_HB2975eng

 
HB2975 Engrossed                     LRB093 07209 NHT 07365 b

 1        AN ACT concerning schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections 2-3.13a and 22-20 as follows:

 6        (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
 7        Sec. 2-3.13a.  Scholastic records; transferring students.
 8    The State Board of Education shall  establish  and  implement
 9    rules  requiring all of the public schools and all private or
10    nonpublic elementary and secondary schools  located  in  this
11    State,  whenever  any  such  school  has  a  student  who  is
12    transferring  to  any  other  public  elementary or secondary
13    school located in this or in  any  other  state,  to  forward
14    within  10  days  of  notice  of  the  student's  transfer an
15    unofficial record of that student's grades to the  school  to
16    which  such  student  is transferring.  Each public school at
17    the same time also shall forward to the school to  which  the
18    student is transferring the remainder of the student's school
19    student  records  as  required by the Illinois School Student
20    Records Act and  information  regarding  any  probable  cause
21    notices,  disposition orders, or court orders received by the
22    principal under Section 22-20 of this Code. In addition, if a
23    student is transferring from a public school, whether located
24    in this or any other state, from which the student  has  been
25    suspended  or  expelled  for knowingly possessing in a school
26    building or on school grounds a weapon as defined in the  Gun
27    Free  Schools  Act  (20  U.S.C.  8921 et seq.), for knowingly
28    possessing, selling, or delivering in a school building or on
29    school grounds a controlled substance  or  cannabis,  or  for
30    battering  a staff member of the school, and if the period of
31    suspension or expulsion has  not  expired  at  the  time  the
 
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 1    student  attempts  to  transfer into another public school in
 2    the same or any other school district: (i) any school student
 3    records required to be transferred shall include the date and
 4    duration of the period of suspension or expulsion;  and  (ii)
 5    with  the  exception  of  transfers  into  the  Department of
 6    Corrections  school  district,  the  student  shall  not   be
 7    permitted  to attend class in the public school into which he
 8    or she is transferring  until  the  student  has  served  the
 9    entire  period  of the suspension or expulsion imposed by the
10    school from which the student is transferring, provided  that
11    the  school board may approve the placement of the student in
12    an alternative school program established under  Article  13A
13    of  this Code. A school district may adopt a policy providing
14    that if a student is suspended or  expelled  for  any  reason
15    from any public or private school in this or any other state,
16    the  student  must complete the entire term of the suspension
17    or expulsion before being admitted into the school  district.
18    This  policy  may  allow  placement  of  the  student  in  an
19    alternative  school  program established under Article 13A of
20    this Code, if available, for the remainder of the  suspension
21    or   expulsion.  Each  public  school  and  each  private  or
22    nonpublic elementary or secondary school in this State  shall
23    within  10  days after the student has paid all of his or her
24    outstanding fines and fees and at its own expense forward  an
25    official transcript of the scholastic records of each student
26    transferring  from  that school in strict accordance with the
27    provisions of this Section and the rules established  by  the
28    State Board of Education as herein provided.
29        The  State  Board  of  Education shall develop a one-page
30    standard form that Illinois school districts are required  to
31    provide  to  any  student  who  is  moving  out of the school
32    district and that contains the information about  whether  or
33    not  the student is "in good standing" and whether or not his
34    or her medical records are up-to-date and complete.  As  used
 
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 1    in this Section, "in good standing" means that the student is
 2    not  being  disciplined  by a suspension or expulsion, but is
 3    entitled to attend classes.  No school district  is  required
 4    to  admit  a  new  student  who  is transferring from another
 5    Illinois school district unless he or  she  can  produce  the
 6    standard  form  from  the  student's previous school district
 7    enrollment.  No school district is required to  admit  a  new
 8    student  who  is  transferring  from  an  out-of-state public
 9    school unless the parent or guardian of the student certifies
10    in writing that  the  student  is  not  currently  serving  a
11    suspension  or expulsion imposed by the school from which the
12    student is transferring.
13    (Source: P.A. 91-365, eff. 7-30-99; 92-64, eff. 7-12-01.)

14        (105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
15        Sec. 22-20. All courts and law  enforcement  agencies  of
16    the  State  of  Illinois and its political subdivisions shall
17    report to the principal of any public school  in  this  State
18    whenever a child enrolled therein is detained for proceedings
19    under  the  Juvenile  Court  Act  of  1987, as heretofore and
20    hereafter  amended,  or  for  any  criminal  offense  or  any
21    violation of a municipal or  county  ordinance.   The  report
22    shall   include   the   basis   for   detaining   the  child,
23    circumstances surrounding the events which led to the child's
24    detention, and status of proceedings.  The  report  shall  be
25    updated   as   appropriate   to   notify   the  principal  of
26    developments and the disposition of the matter.
27        The information derived thereby shall be kept on file but
28    shall be separate from and shall not become  a  part  of  the
29    official  school  record  of  such  child  and shall not be a
30    public record. Such information shall be used solely  by  the
31    principal,  counselors  and  teachers of the school to aid in
32    the proper rehabilitation of the child  and  to  protect  the
33    safety  of students and employees in the school.  However, if
 
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 1    a student is transferring to another school, then information
 2    regarding any probable cause notices, disposition orders,  or
 3    court  orders  shall  be  forwarded  along with the student's
 4    school records  under Section 2-3.13a of  this  Code,  unless
 5    the State's attorney opts not to proceed with a petition, the
 6    student  enrolls  in  a  diversion  or mediation program, the
 7    juvenile court decides not to issue a disposition order, or a
 8    year has passed from the time the information  was  received,
 9    in  which  case  the principal shall destroy the information.
10    The information forwarded to the school to which the  student
11    is  transferring  shall  be  used  solely  by  the principal,
12    counselors, and teachers of the school to aid in  the  proper
13    rehabilitation  of  the  child  and  to protect the safety of
14    students and employees in the school.
15    (Source: P.A. 89-610, eff. 8-6-96.)

16        Section 10.  The Illinois School Student Records  Act  is
17    amended by changing Sections 6 and 9 as follows:

18        (105 ILCS 10/6) (from Ch. 122, par. 50-6)
19        Sec.  6.   (a)   No school student records or information
20    contained therein may be released, transferred, disclosed  or
21    otherwise disseminated, except as follows:
22             (1)  To  a  parent or student or person specifically
23        designated as a representative by a parent,  as  provided
24        in paragraph (a) of Section 5;
25             (2)  To  an  employee  or  official of the school or
26        school district or State Board with current  demonstrable
27        educational or administrative interest in the student, in
28        furtherance of such interest;
29             (3)  To  the  official  records custodian of another
30        school  within  Illinois  or  an  official  with  similar
31        responsibilities of a school outside Illinois,  in  which
32        the  student has enrolled, or intends to enroll, upon the
 
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 1        request of such official or student;
 2             (4)  To any person  for  the  purpose  of  research,
 3        statistical  reporting  or  planning,  provided  that  no
 4        student  or parent can be identified from the information
 5        released and  the  person  to  whom  the  information  is
 6        released  signs  an affidavit agreeing to comply with all
 7        applicable  statutes  and  rules  pertaining  to   school
 8        student records;
 9             (5)  Pursuant  to  a  court order, provided that the
10        parent shall be given prompt written notice upon  receipt
11        of  such  order of the terms of the order, the nature and
12        substance of the information proposed to be  released  in
13        compliance  with such order and an opportunity to inspect
14        and copy the school  student  records  and  to  challenge
15        their contents pursuant to Section 7;
16             (6)  To any person as specifically required by State
17        or federal law;
18             (6.5)  To  juvenile  authorities  when necessary for
19        the  discharge  of  their  official  duties  who  request
20        information prior to adjudication of the student and  who
21        certify  in  writing  that  the  information  will not be
22        disclosed to any other party except as provided under law
23        or order of court.  Information under  this  subparagraph
24        (6.5)  shall  be  limited to information that pertains to
25        the use of a controlled substance,  assault,  threatening
26        conduct,  possession  or  use  of  weapons, possession of
27        imitation  weapons,  theft,  or  property  damage.    For
28        purposes of this Section  "juvenile  authorities"  means:
29        (i) a judge of the circuit court and members of the staff
30        of the court designated by the judge; (ii) parties to the
31        proceedings  under  the  Juvenile  Court  Act of 1987 and
32        their  attorneys;  (iii)  probation  officers  and  court
33        appointed advocates for the juvenile  authorized  by  the
34        judge  hearing  the case;  (iv) any individual, public or
 
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 1        private agency having custody of the  child  pursuant  to
 2        court order; (v) any individual, public or private agency
 3        providing  education, medical or mental health service to
 4        the child when the requested  information  is  needed  to
 5        determine  the  appropriate  service or treatment for the
 6        minor; (vi) any potential placement  provider  when  such
 7        release  is  authorized  by  the  court  for  the limited
 8        purpose  of  determining  the  appropriateness   of   the
 9        potential  placement;  (vii) law enforcement officers and
10        prosecutors; (viii) adult and  juvenile  prisoner  review
11        boards;   (ix)   authorized   military   personnel;   (x)
12        individuals authorized by court;
13             (7)  Subject  to  regulations of the State Board, in
14        connection with an emergency, to appropriate  persons  if
15        the knowledge of such information is necessary to protect
16        the 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
20        time any such  consent  is  requested  or  obtained,  the
21        parent  shall be advised in writing that he has the right
22        to inspect and  copy  such  records  in  accordance  with
23        Section 5, to challenge their contents in accordance with
24        Section  7  and  to  limit any such consent to designated
25        records  or  designated  portions  of   the   information
26        contained therein;
27             (9)  To  a  governmental  agency,  or social service
28        agency  contracted   by   a   governmental   agency,   in
29        furtherance  of  an  investigation  of a student's school
30        attendance pursuant to the compulsory student  attendance
31        laws  of  this  State,  provided  that  the  records  are
32        released  to  the  employee  or  agent  designated by the
33        agency; or
34             (10)  To those SHOCAP  committee  members  who  fall
 
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 1        within  the  meaning  of  "state  and local officials and
 2        authorities", as those terms are used within the  meaning
 3        of the federal Family Educational Rights and Privacy Act,
 4        for the purposes of identifying serious habitual juvenile
 5        offenders  and  matching  those  offenders with community
 6        resources pursuant to Section 5-145 of the Juvenile Court
 7        Act of 1987, but only to the  extent  that  the  release,
 8        transfer, disclosure, or dissemination is consistent with
 9        the Family Educational Rights and Privacy Act.
10        (b)  No   information   may   be   released  pursuant  to
11    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
12    unless the parent receives prior written notice of the nature
13    and substance of the information proposed to be released, and
14    an opportunity to inspect and copy such records in accordance
15    with  Section 5 and to challenge their contents in accordance
16    with Section 7.  Provided, however, that such notice shall be
17    sufficient if published  in  a  local  newspaper  of  general
18    circulation  or  other  publication directed generally to the
19    parents involved where the proposed release of information is
20    pursuant to subparagraph 6 of paragraph (a) in this Section 6
21    and relates to more than 25 students.
22        No information may be released pursuant  to  subparagraph
23    (6.5)  of this Section unless the parent or guardian receives
24    prior written notice, by certified mail, of  the  nature  and
25    substance  of  the information proposed to be released and an
26    opportunity to inspect and copy such  records  in  accordance
27    with Section 5 of this Act and to challenge their contents in
28    accordance  with  Section  7  of  this  Act. If the parent or
29    guardian objects to the release of the information within  10
30    days  after receiving notice, then the information may not be
31    released.  If  the  information  is  prohibited  from   being
32    released  because  of the objection, the juvenile authorities
33    shall be informed that the  information  is  prohibited  from
34    being released because of the objection.
 
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 1        (c)  A  record  of any release of information pursuant to
 2    this Section must be made and kept as a part  of  the  school
 3    student  record  and subject to the access granted by Section
 4    5. Such record of release shall be maintained for the life of
 5    the school student records and shall be available only to the
 6    parent and the official records  custodian.  Each  record  of
 7    release shall also include:
 8             (1)  The  nature  and  substance  of the information
 9        released;
10             (2)  The name and signature of the official  records
11        custodian releasing such information;
12             (3)  The   name   of   the  person  requesting  such
13        information, the capacity in which  such  a  request  has
14        been made, and the purpose of such request;
15             (4)  The date of the release; and
16             (5)  A copy of any consent to such release.
17        (d)  Except for the student and his parents, no person to
18    whom  information is released pursuant to this Section and no
19    person specifically  designated  as  a  representative  by  a
20    parent  may  permit  any  other person to have access to such
21    information without a prior consent of the parent obtained in
22    accordance with  the  requirements  of  subparagraph  (8)  of
23    paragraph (a) of this Section.
24        (e)  Nothing  contained  in  this  Act shall prohibit the
25    publication of student directories which list student  names,
26    addresses  and  other  identifying  information  and  similar
27    publications  which  comply  with  regulations  issued by the
28    State Board.
29    (Source: P.A.  90-566,  eff.  1-2-98;  90-590,  eff.  1-1-00;
30    91-357, eff. 7-29-99; 91-665, eff. 12-22-99.)

31        (105 ILCS 10/9) (from Ch. 122, par. 50-9)
32        Sec.  9.   (a)  Any  person aggrieved by any violation of
33    this Act may institute an action for injunctive relief in the
 
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 1    Circuit Court of  the  County  in  which  the  violation  has
 2    occurred  or  the  Circuit  Court  of the County in which the
 3    school is located.
 4        (b)  Any  person  injured  by  a  wilful   or   negligent
 5    violation  of this Act may institute an action for damages in
 6    the Circuit Court of the County in which  the  violation  has
 7    occurred  or  the  Circuit  Court  of the County in which the
 8    school is located.
 9        (c)  In the case of any successful action under paragraph
10    (a) or (b) of this  Section, any person or  school  found  to
11    have  wilfully  or negligently violated any provision of this
12    Act is liable to the plaintiff for the  plaintiff's  damages,
13    the  costs  of  the action and reasonable attorneys' fees, as
14    determined by the Court.
15        (d)  Actions for injunctive relief to  secure  compliance
16    with  this  Act  may  be  brought  by the State Board, by the
17    State's Attorney of the County in which the alleged violation
18    has occurred or the State's Attorney of the County  in  which
19    the  school  is located, in each case in the Circuit Court of
20    such County.
21        (e)  Wilful failure to comply with any  Section  of  this
22    Act  is  a petty offense; except that any person who wilfully
23    and maliciously falsifies any school student record,  student
24    permanent  record or student temporary record shall be guilty
25    of a Class A misdemeanor.
26        (f)  Absent proof of malice, no cause of action or  claim
27    for  relief, civil or criminal, may be maintained against any
28    school, or employee or official of a school or person  acting
29    at  the  direction  of  a  school  for  any statement made or
30    judgment expressed in any entry to a school student record of
31    a type which does not violate this  Act  or  the  regulations
32    issued by the State Board pursuant to this Act; provided that
33    this  paragraph  (f)  does  not  limit  or  deny  any defense
34    available under existing law.
 
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 1        (g)  No cause of action or claim  for  relief,  civil  or
 2    criminal,  may  be maintained against any school, employee or
 3    official of a school, or person acting at the direction of  a
 4    school  for  complying  with  a request for information under
 5    subparagraph (6.5) of subsection (a) of  Section  6  of  this
 6    Act.
 7    (Source: P.A. 84-712.)

 8        Section  90.  The State Mandates Act is amended by adding
 9    Section 8.27 as follows:

10        (30 ILCS 805/8.27 new)
11        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
12    and  8 of this Act, no reimbursement by the State is required
13    for  the  implementation  of  any  mandate  created  by  this
14    amendatory Act of the 93rd General Assembly.