Full Text of SB1483 100th General Assembly
SB1483eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois School Student Records Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| 7 | | Sec. 5.
(a) A parent or any person specifically designated | 8 | | as
a representative by a parent shall have the right to inspect | 9 | | and
copy all school student permanent and temporary records of | 10 | | that
parent's child. A student shall have the right to inspect | 11 | | and copy
his or her school student permanent record. No person | 12 | | who is prohibited
by an order of protection from inspecting or | 13 | | obtaining school records of a
student pursuant to the Illinois | 14 | | Domestic Violence Act of 1986, as now or
hereafter amended, | 15 | | shall have any right of access to, or inspection of, the
school | 16 | | records of that student. If a school's principal or person with
| 17 | | like responsibilities or his designee has knowledge of such | 18 | | order of
protection, the school shall prohibit access or | 19 | | inspection of the student's
school records by such person.
| 20 | | (b) Whenever access to any person is granted pursuant
to | 21 | | paragraph (a) of this Section, at the option of either the | 22 | | parent or the school
a qualified professional, who may be a | 23 | | psychologist, counsellor or
other advisor, and who may be an |
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| 1 | | employee of the school or employed
by the parent, may be | 2 | | present to interpret the information contained
in the student | 3 | | temporary record. If the school requires that a
professional be | 4 | | present, the school shall secure and bear any cost of the
| 5 | | presence of the professional. If the parent so requests, the | 6 | | school
shall secure and bear any cost of the presence of a | 7 | | professional
employed by the school.
| 8 | | (c) A parent's or student's request to inspect and copy | 9 | | records,
or to allow a specifically designated representative | 10 | | to inspect and
copy records, must be granted within a | 11 | | reasonable time, and in no case later
than 5 business 15 school | 12 | | days after the date of receipt of such request by the
official | 13 | | records custodian.
| 14 | | (d) The school may charge its reasonable costs for the
| 15 | | copying of school student records, not to exceed the amounts | 16 | | fixed
in schedules adopted by the State Board, to any person | 17 | | permitted
to copy such records, except that no parent or | 18 | | student shall be
denied a copy of school student records as | 19 | | permitted under this
Section 5 for inability to bear the cost | 20 | | of such copying.
| 21 | | (e) Nothing contained in this Section 5 shall make
| 22 | | available to a parent or student confidential letters and
| 23 | | statements of recommendation furnished in connection with
| 24 | | applications for employment to a post-secondary educational
| 25 | | institution or the receipt of an honor or honorary recognition,
| 26 | | provided such letters and statements are not used for purposes
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| 1 | | other than those for which they were specifically intended, and
| 2 | | (1) were placed in a school student record
prior to | 3 | | January 1, 1975; or
| 4 | | (2) the student has waived access thereto after
being | 5 | | advised of his right to obtain upon request the names
of | 6 | | all such persons making such confidential recommendations.
| 7 | | (f) Nothing contained in this Act shall be construed to
| 8 | | impair or limit the confidentiality of:
| 9 | | (1) Communications otherwise protected by law
as | 10 | | privileged or confidential, including but not limited to,
| 11 | | information communicated in confidence to a physician, | 12 | | psychologist or other
psychotherapist, school social | 13 | | worker, school counselor, school psychologist, or school | 14 | | social worker, school counselor, or school psychologist | 15 | | intern who works under the direct supervision of a school | 16 | | social worker, school counselor, or school psychologist; | 17 | | or
| 18 | | (2) Information which is communicated by a student
or | 19 | | parent in confidence to school personnel; or
| 20 | | (3) Information which is communicated by a student, | 21 | | parent, or guardian to
a law enforcement professional | 22 | | working in the school, except as provided by
court order.
| 23 | | (g) No school employee shall be subjected to adverse | 24 | | employment action, the threat of adverse employment action, or | 25 | | any manner of discrimination
because the employee is acting or | 26 | | has acted to protect communications as privileged or |
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| 1 | | confidential pursuant to applicable provisions of State or | 2 | | federal law or rule or regulation. | 3 | | (Source: P.A. 96-628, eff. 1-1-10.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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