HB1295ham001 100TH GENERAL ASSEMBLY

Rep. Robert Martwick

Filed: 4/17/2018

10000HB1295ham001 LRB100 02983 AXK 38582 a

AMENDMENT TO HOUSE BILL 1295

AMENDMENT NO. ______. Amend House Bill 1295 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Student Information Transparency Act.

Section 5. Definitions. In this Act:

"Destroy" means to remove student information, student records, or student-generated content so that it is permanently irretrievable in the normal course of business.

"Local education provider" means a public elementary or secondary school in this State, including a charter school authorized by a school board or by the State Charter School Commission.

"Parent" means a person who is the natural parent of a student or a person who has the primary responsibility for the care and upbringing of a student. All rights and privileges accorded to a parent under this Act shall become exclusively those of the student upon his or her 18th birthday, graduation from a secondary school, marriage, or entry into military service, whichever occurs first.

"School purposes" means purposes that customarily take place at the direction of a teacher or a local education provider or aids in the administration of school activities, including, but not limited to, instruction in the classroom, administrative activities, and collaboration among students, school personnel, or parents.

"School service" means an Internet website, online service, online application, or mobile application that:

(i) is used at the direction of teachers or other employees of a local education provider; and

(ii) collects, maintains, or uses student information, student records, or student-generated content.

"School service contract provider" or "contract provider" means an entity that enters into a formal, negotiated contract with a local education provider or an employee of a local education provider to provide a school service.

"School service on-demand provider" means an entity that, subject to an agreement with a local education provider, an employee of the local education provider, or a student or parent under the direction of the local education provider, occasionally provides a school service to the local education provider in standard, non-negotiable terms and conditions of service established by the providing entity.

"Student" means a student enrolled in a local education provider.

"Student-generated content" means any student materials created by a student, including, but not limited to, essays, research papers, portfolios, creative writing, music or other audio files, or photographs. "Student-generated content" does not include a student's response to a standardized assessment.

"Student information" means personally identifiable information or material of a student in any media or format and is any of the following:

(1) Information created or provided by a student or a parent to a school service in the course of the student or parent using the school service for school purposes.

(2) Information created or provided by an employee or agent of a local education provider to a school service for school purposes.

(3) Information gathered by a school service that identifies a student, including, but not limited to, the student's first or last name, home address, telephone number, date of birth, electronic mail address, discipline records, test results, grades, evaluations, criminal records, medical records, health records, Social Security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious affiliations, text messages, documents, student identifiers, search activity, keystroke log, Internet browser history, photographs, voice recordings, video recordings, survey responses, behavioral assessments, or information in the student's student records or electronic mail account.

"Student record" means information contained in a student permanent record or student temporary record, as defined in the Illinois School Student Records Act, or information acquired from a student through the use of a school service at the direction of a teacher or other employee of a local education provider.

Section 10. Local education provider; data transparency. Each local education provider shall post and maintain on its Internet website all of the following information:

(1) An explanation that is clear and understandable by a layperson of the data elements of student information, student records, or student-generated content that the local education provider collects and maintains. The information must explain how the local education provider uses, to whom it discloses, and for what purpose it discloses the student information, student records, or student-generated content.

(2) A list of the school service contract providers that the local education provider contracts with, a copy of each contract, and a business address and telephone number for each contract provider.

(3) To the extent of the local education provider's knowledge, a list of the school service on-demand providers that the local education provider or an employee of the local education provider uses or directs a student or parent to use for school services. At minimum, the local education provider must provide the list under this paragraph (3) no later than the 30th day of each school year and must update the list no earlier than February 1 and no later than March 1 of each school year. Upon the request of a parent, a local education provider must provide the parent with the data privacy policy and terms of service of a school service on-demand provider that the local education provider, an employee of the local education provider, or a student or parent at the direction of the local education provider uses.

Section 15. School service contract provider; data transparency.

(a) Each school service contract provider must provide to each local education provider that the school service contract provider contracts with, in a format that is easily accessible through an Internet website, clear information that is understandable by a layperson explaining all of the following:

(1) The data elements of student information, student records, or student-generated content that the school service contract provider collects.

(2) The learning purpose for which the school service contract provider collects the student information, student records, or student-generated content.

(3) How the school service contract provider uses, to whom it discloses, and for what purpose it discloses the student information, student records, or student-generated content.

(b) The information disclosed under subsection (a) of this Section must include all student information, student records, or student-generated content that the school service contract provider collects, regardless of whether it is initially collected or ultimately held individually or in the aggregate.

(c) A local education provider must post the information under subsection (a) of this Section on its Internet website. A school service contract provider must update the information under subsection (a) of this Section as necessary to maintain accuracy.

Section 20. Student information; parental right to review, correct, and delete.

(a) The parent of a student enrolled in a local education provider has the right to all of the following:

(1) Inspect and review his or her child's student information, student records, or student-generated content, regardless of whether it is maintained by the local education provider or a school service contract provider.

(2) Request from a local education provider a paper or electronic copy of his or her child's student information, student records, or student-generated content, including student information, student records, or student-generated content maintained by a school service contract provider. If a parent requests an electronic copy of his or her child's student information, student records, or student-generated content under this paragraph (2), the local education provider must provide an electronic copy of that information unless the local education provider does not maintain the information in an electronic format and reproducing the information in an electronic format would be unduly burdensome to the local education provider. If a parent requests a paper copy of his or her child's student information, student records, or student-generated content, the local education provider may charge the parent the reasonable cost for copying the information in an amount not to exceed the amount fixed in a schedule adopted by the State Board of Education, except that no parent may be denied a copy of the information due to the parent's inability to bear the cost of the copying.

(3) Request corrections of factual inaccuracies contained in his or her child's student information or student records maintained by a local education provider or school service contract provider. After receiving a request for correction that documents the factual inaccuracy, a local education provider must complete either of the following:

(A) Confirm the correction with the parent within 90 days after the parent's request if the local education provider maintains the student information or student records that contain the factual inaccuracy.

(B) Notify the contract provider, who must confirm the correction with the parent within 90 days after the parent's request, if the student information or student records that contain the factual inaccuracy are maintained by a contract provider.

(4) Destroy or have destroyed any of his or her child's student information, student records, or student-generated content maintained by a contract provider if the destruction is not in violation of the Illinois School Student Records Act.

(b) Each local education provider must post and maintain on its Internet website a written description of the procedures that a parent may use to carry out the rights enumerated under subsection (a) of this Section.

(c) The State Board of Education shall adopt, implement, and administer a policy for hearing complaints from a parent regarding a local education provider's compliance with this Act. At a minimum, the policy must provide a parent the opportunity to submit information and receive a hearing from the State Board of Education and must require the State Board of Education to take action on the parent's complaint no later than 60 days after the hearing.

(d) If a local education provider does not comply with the requirements of this Act, a parent may submit a complaint with the State Board of Education in accordance with the complaint policy adopted under subsection (c) of this Section.

Section 25. Illinois School Student Records Act. Nothing in this Act shall be construed to limit the rights granted to parents and students under the Illinois School Student Records Act.

Section 90. Rules. The State Board of Education may adopt any rules necessary to implement this Act.

Section 95. The School Code is amended by changing Section 27A-5 as follows:

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act and the Student Information Transparency Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code; and

(12) Sections 10-20.60 and 34-18.53 of this Code; .

(13) (12) Sections 10-20.63 10-20.60 and 34-18.56 34-18.53 of this Code; and .

(14) (12) Section 26-18 of this Code.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after April 16, 2003 (the effective date of Public Act 93-3) and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on April 16, 2003 (the effective date of Public Act 93-3) and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)

Section 99. Effective date. This Act takes effect upon becoming law.".