Illinois General Assembly - Full Text of HB1295
Illinois General Assembly

Previous General Assemblies

Full Text of HB1295  100th General Assembly


Rep. Robert Martwick

Filed: 4/17/2018





10000HB1295ham001LRB100 02983 AXK 38582 a


2    AMENDMENT NO. ______. Amend House Bill 1295 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Student Information Transparency Act.
6    Section 5. Definitions. In this Act:
7    "Destroy" means to remove student information, student
8records, or student-generated content so that it is permanently
9irretrievable in the normal course of business.
10    "Local education provider" means a public elementary or
11secondary school in this State, including a charter school
12authorized by a school board or by the State Charter School
14    "Parent" means a person who is the natural parent of a
15student or a person who has the primary responsibility for the
16care and upbringing of a student. All rights and privileges



10000HB1295ham001- 2 -LRB100 02983 AXK 38582 a

1accorded to a parent under this Act shall become exclusively
2those of the student upon his or her 18th birthday, graduation
3from a secondary school, marriage, or entry into military
4service, whichever occurs first.
5    "School purposes" means purposes that customarily take
6place at the direction of a teacher or a local education
7provider or aids in the administration of school activities,
8including, but not limited to, instruction in the classroom,
9administrative activities, and collaboration among students,
10school personnel, or parents.
11    "School service" means an Internet website, online
12service, online application, or mobile application that:
13        (i) is used at the direction of teachers or other
14    employees of a local education provider; and
15        (ii) collects, maintains, or uses student information,
16    student records, or student-generated content.
17    "School service contract provider" or "contract provider"
18means an entity that enters into a formal, negotiated contract
19with a local education provider or an employee of a local
20education provider to provide a school service.
21    "School service on-demand provider" means an entity that,
22subject to an agreement with a local education provider, an
23employee of the local education provider, or a student or
24parent under the direction of the local education provider,
25occasionally provides a school service to the local education
26provider in standard, non-negotiable terms and conditions of



10000HB1295ham001- 3 -LRB100 02983 AXK 38582 a

1service established by the providing entity.
2    "Student" means a student enrolled in a local education
4    "Student-generated content" means any student materials
5created by a student, including, but not limited to, essays,
6research papers, portfolios, creative writing, music or other
7audio files, or photographs. "Student-generated content" does
8not include a student's response to a standardized assessment.
9    "Student information" means personally identifiable
10information or material of a student in any media or format and
11is any of the following:
12        (1) Information created or provided by a student or a
13    parent to a school service in the course of the student or
14    parent using the school service for school purposes.
15        (2) Information created or provided by an employee or
16    agent of a local education provider to a school service for
17    school purposes.
18        (3) Information gathered by a school service that
19    identifies a student, including, but not limited to, the
20    student's first or last name, home address, telephone
21    number, date of birth, electronic mail address, discipline
22    records, test results, grades, evaluations, criminal
23    records, medical records, health records, Social Security
24    number, biometric information, disabilities, socioeconomic
25    information, food purchases, political affiliations,
26    religious affiliations, text messages, documents, student



10000HB1295ham001- 4 -LRB100 02983 AXK 38582 a

1    identifiers, search activity, keystroke log, Internet
2    browser history, photographs, voice recordings, video
3    recordings, survey responses, behavioral assessments, or
4    information in the student's student records or electronic
5    mail account.
6    "Student record" means information contained in a student
7permanent record or student temporary record, as defined in the
8Illinois School Student Records Act, or information acquired
9from a student through the use of a school service at the
10direction of a teacher or other employee of a local education
12    Section 10. Local education provider; data transparency.
13Each local education provider shall post and maintain on its
14Internet website all of the following information:
15        (1) An explanation that is clear and understandable by
16    a layperson of the data elements of student information,
17    student records, or student-generated content that the
18    local education provider collects and maintains. The
19    information must explain how the local education provider
20    uses, to whom it discloses, and for what purpose it
21    discloses the student information, student records, or
22    student-generated content.
23        (2) A list of the school service contract providers
24    that the local education provider contracts with, a copy of
25    each contract, and a business address and telephone number



10000HB1295ham001- 5 -LRB100 02983 AXK 38582 a

1    for each contract provider.
2        (3) To the extent of the local education provider's
3    knowledge, a list of the school service on-demand providers
4    that the local education provider or an employee of the
5    local education provider uses or directs a student or
6    parent to use for school services. At minimum, the local
7    education provider must provide the list under this
8    paragraph (3) no later than the 30th day of each school
9    year and must update the list no earlier than February 1
10    and no later than March 1 of each school year. Upon the
11    request of a parent, a local education provider must
12    provide the parent with the data privacy policy and terms
13    of service of a school service on-demand provider that the
14    local education provider, an employee of the local
15    education provider, or a student or parent at the direction
16    of the local education provider uses.
17    Section 15. School service contract provider; data
19    (a) Each school service contract provider must provide to
20each local education provider that the school service contract
21provider contracts with, in a format that is easily accessible
22through an Internet website, clear information that is
23understandable by a layperson explaining all of the following:
24        (1) The data elements of student information, student
25    records, or student-generated content that the school



10000HB1295ham001- 6 -LRB100 02983 AXK 38582 a

1    service contract provider collects.
2        (2) The learning purpose for which the school service
3    contract provider collects the student information,
4    student records, or student-generated content.
5        (3) How the school service contract provider uses, to
6    whom it discloses, and for what purpose it discloses the
7    student information, student records, or student-generated
8    content.
9    (b) The information disclosed under subsection (a) of this
10Section must include all student information, student records,
11or student-generated content that the school service contract
12provider collects, regardless of whether it is initially
13collected or ultimately held individually or in the aggregate.
14    (c) A local education provider must post the information
15under subsection (a) of this Section on its Internet website. A
16school service contract provider must update the information
17under subsection (a) of this Section as necessary to maintain
19    Section 20. Student information; parental right to review,
20correct, and delete.
21    (a) The parent of a student enrolled in a local education
22provider has the right to all of the following:
23        (1) Inspect and review his or her child's student
24    information, student records, or student-generated
25    content, regardless of whether it is maintained by the



10000HB1295ham001- 7 -LRB100 02983 AXK 38582 a

1    local education provider or a school service contract
2    provider.
3        (2) Request from a local education provider a paper or
4    electronic copy of his or her child's student information,
5    student records, or student-generated content, including
6    student information, student records, or student-generated
7    content maintained by a school service contract provider.
8    If a parent requests an electronic copy of his or her
9    child's student information, student records, or
10    student-generated content under this paragraph (2), the
11    local education provider must provide an electronic copy of
12    that information unless the local education provider does
13    not maintain the information in an electronic format and
14    reproducing the information in an electronic format would
15    be unduly burdensome to the local education provider. If a
16    parent requests a paper copy of his or her child's student
17    information, student records, or student-generated
18    content, the local education provider may charge the parent
19    the reasonable cost for copying the information in an
20    amount not to exceed the amount fixed in a schedule adopted
21    by the State Board of Education, except that no parent may
22    be denied a copy of the information due to the parent's
23    inability to bear the cost of the copying.
24        (3) Request corrections of factual inaccuracies
25    contained in his or her child's student information or
26    student records maintained by a local education provider or



10000HB1295ham001- 8 -LRB100 02983 AXK 38582 a

1    school service contract provider. After receiving a
2    request for correction that documents the factual
3    inaccuracy, a local education provider must complete
4    either of the following:
5            (A) Confirm the correction with the parent within
6        90 days after the parent's request if the local
7        education provider maintains the student information
8        or student records that contain the factual
9        inaccuracy.
10            (B) Notify the contract provider, who must confirm
11        the correction with the parent within 90 days after the
12        parent's request, if the student information or
13        student records that contain the factual inaccuracy
14        are maintained by a contract provider.
15        (4) Destroy or have destroyed any of his or her child's
16    student information, student records, or student-generated
17    content maintained by a contract provider if the
18    destruction is not in violation of the Illinois School
19    Student Records Act.
20    (b) Each local education provider must post and maintain on
21its Internet website a written description of the procedures
22that a parent may use to carry out the rights enumerated under
23subsection (a) of this Section.
24    (c) The State Board of Education shall adopt, implement,
25and administer a policy for hearing complaints from a parent
26regarding a local education provider's compliance with this



10000HB1295ham001- 9 -LRB100 02983 AXK 38582 a

1Act. At a minimum, the policy must provide a parent the
2opportunity to submit information and receive a hearing from
3the State Board of Education and must require the State Board
4of Education to take action on the parent's complaint no later
5than 60 days after the hearing.
6    (d) If a local education provider does not comply with the
7requirements of this Act, a parent may submit a complaint with
8the State Board of Education in accordance with the complaint
9policy adopted under subsection (c) of this Section.
10    Section 25. Illinois School Student Records Act. Nothing in
11this Act shall be construed to limit the rights granted to
12parents and students under the Illinois School Student Records
14    Section 90. Rules. The State Board of Education may adopt
15any rules necessary to implement this Act.
16    Section 95. The School Code is amended by changing Section
1727A-5 as follows:
18    (105 ILCS 5/27A-5)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit



10000HB1295ham001- 10 -LRB100 02983 AXK 38582 a

1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3    (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status. Beginning
6on April 16, 2003 (the effective date of Public Act 93-3), in
7all new applications to establish a charter school in a city
8having a population exceeding 500,000, operation of the charter
9school shall be limited to one campus. The changes made to this
10Section by Public Act 93-3 do not apply to charter schools
11existing or approved on or before April 16, 2003 (the effective
12date of Public Act 93-3).
13    (b-5) In this subsection (b-5), "virtual-schooling" means
14a cyber school where students engage in online curriculum and
15instruction via the Internet and electronic communication with
16their teachers at remote locations and with students
17participating at different times.
18    From April 1, 2013 through December 31, 2016, there is a
19moratorium on the establishment of charter schools with
20virtual-schooling components in school districts other than a
21school district organized under Article 34 of this Code. This
22moratorium does not apply to a charter school with
23virtual-schooling components existing or approved prior to
24April 1, 2013 or to the renewal of the charter of a charter
25school with virtual-schooling components already approved
26prior to April 1, 2013.



10000HB1295ham001- 11 -LRB100 02983 AXK 38582 a

1    On or before March 1, 2014, the Commission shall submit to
2the General Assembly a report on the effect of
3virtual-schooling, including without limitation the effect on
4student performance, the costs associated with
5virtual-schooling, and issues with oversight. The report shall
6include policy recommendations for virtual-schooling.
7    (c) A charter school shall be administered and governed by
8its board of directors or other governing body in the manner
9provided in its charter. The governing body of a charter school
10shall be subject to the Freedom of Information Act and the Open
11Meetings Act.
12    (d) For purposes of this subsection (d), "non-curricular
13health and safety requirement" means any health and safety
14requirement created by statute or rule to provide, maintain,
15preserve, or safeguard safe or healthful conditions for
16students and school personnel or to eliminate, reduce, or
17prevent threats to the health and safety of students and school
18personnel. "Non-curricular health and safety requirement" does
19not include any course of study or specialized instructional
20requirement for which the State Board has established goals and
21learning standards or which is designed primarily to impart
22knowledge and skills for students to master and apply as an
23outcome of their education.
24    A charter school shall comply with all non-curricular
25health and safety requirements applicable to public schools
26under the laws of the State of Illinois. On or before September



10000HB1295ham001- 12 -LRB100 02983 AXK 38582 a

11, 2015, the State Board shall promulgate and post on its
2Internet website a list of non-curricular health and safety
3requirements that a charter school must meet. The list shall be
4updated annually no later than September 1. Any charter
5contract between a charter school and its authorizer must
6contain a provision that requires the charter school to follow
7the list of all non-curricular health and safety requirements
8promulgated by the State Board and any non-curricular health
9and safety requirements added by the State Board to such list
10during the term of the charter. Nothing in this subsection (d)
11precludes an authorizer from including non-curricular health
12and safety requirements in a charter school contract that are
13not contained in the list promulgated by the State Board,
14including non-curricular health and safety requirements of the
15authorizing local school board.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. To ensure financial accountability for the use of
26public funds, on or before December 1 of every year of



10000HB1295ham001- 13 -LRB100 02983 AXK 38582 a

1operation, each charter school shall submit to its authorizer
2and the State Board a copy of its audit and a copy of the Form
3990 the charter school filed that year with the federal
4Internal Revenue Service. In addition, if deemed necessary for
5proper financial oversight of the charter school, an authorizer
6may require quarterly financial statements from each charter
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act, all
10federal and State laws and rules applicable to public schools
11that pertain to special education and the instruction of
12English learners, and its charter. A charter school is exempt
13from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
17    criminal history records checks and checks of the Statewide
18    Sex Offender Database and Statewide Murderer and Violent
19    Offender Against Youth Database of applicants for
20    employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of



10000HB1295ham001- 14 -LRB100 02983 AXK 38582 a

1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act and the
6    Student Information Transparency Act;
7        (7) Section 10-17a of this Code regarding school report
8    cards;
9        (8) the P-20 Longitudinal Education Data System Act;
10        (9) Section 27-23.7 of this Code regarding bullying
11    prevention;
12        (10) Section 2-3.162 of this Code regarding student
13    discipline reporting;
14        (11) Sections 22-80 and 27-8.1 of this Code; and
15        (12) Sections 10-20.60 and 34-18.53 of this Code; .
16        (13) (12) Sections 10-20.63 10-20.60 and 34-18.56
17    34-18.53 of this Code; and .
18        (14) (12) Section 26-18 of this Code.
19    The change made by Public Act 96-104 to this subsection (g)
20is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert



10000HB1295ham001- 15 -LRB100 02983 AXK 38582 a

1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required to
4perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after April
616, 2003 (the effective date of Public Act 93-3) and that
7operates in a city having a population exceeding 500,000 may
8not contract with a for-profit entity to manage or operate the
9school during the period that commences on April 16, 2003 (the
10effective date of Public Act 93-3) and concludes at the end of
11the 2004-2005 school year. Except as provided in subsection (i)
12of this Section, a school district may charge a charter school
13reasonable rent for the use of the district's buildings,
14grounds, and facilities. Any services for which a charter
15school contracts with a school district shall be provided by
16the district at cost. Any services for which a charter school
17contracts with a local school board or with the governing body
18of a State college or university or public community college
19shall be provided by the public entity at cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be subject



10000HB1295ham001- 16 -LRB100 02983 AXK 38582 a

1to negotiation between the charter school and the local school
2board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age or
4grade level.
5    (k) If the charter school is approved by the Commission,
6then the Commission charter school is its own local education
8(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
9eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1099-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
11100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
121-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".