Illinois General Assembly - Full Text of HB4103
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Full Text of HB4103  101st General Assembly

HB4103ham001 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 2/18/2020

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4103

2    AMENDMENT NO. ______. Amend House Bill 4103 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-20.59, 10-21.8, 13B-60.10, 14-8.02, and 34-18.52 and by
6adding Sections 10-20.73 and 34-18.66 as follows:
 
7    (105 ILCS 5/10-20.59)
8    Sec. 10-20.59. DCFS liaison.
9    (a) Each school board must may appoint at least one
10employee to act as a liaison to facilitate the enrollment and
11transfer of records of students in the legal custody of the
12Department of Children and Family Services when enrolling in or
13changing schools. The school board may appoint any employee of
14the school district who is licensed under Article 21B of this
15Code to act as a liaison; however, employees who meet any of
16the following criteria must be prioritized for appointment:

 

 

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1        (1) Employees who have worked with mobile student
2    populations or students in foster care.
3        (2) Employees who are familiar with enrollment, record
4    transfers, existing community services, and student
5    support services.
6        (3) Employees who serve as a high-level administrator.
7        (4) Employees who are counselors or have experience
8    with student counseling.
9        (5) Employees who are knowledgeable on child welfare
10    policies.
11        (6) Employees who serve as a school social worker.
12    (b) Liaisons under this Section are encouraged to build
13capacity and infrastructure within their school district to
14support students in the legal custody of the Department of
15Children and Family Services. Liaison responsibilities may
16include the following:
17        (1) streamlining the enrollment processes for students
18    in foster care;
19        (2) implementing student data tracking and monitoring
20    mechanisms;
21        (3) ensuring that students in the legal custody of the
22    Department of Children and Family Services receive all
23    school nutrition and meal programs available;
24        (4) coordinating student withdrawal from a school,
25    record transfers, and credit recovery;
26        (5) becoming experts on the foster care system and

 

 

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1    State laws and policies in place that support children
2    under the legal custody of the Department of Children and
3    Family Services;
4        (6) coordinating with child welfare partners;
5        (7) providing foster care-related information and
6    training to the school district;
7        (8) working with the Department of Children and Family
8    Services to help students maintain their school placement,
9    if appropriate;
10        (9) reviewing student schedules to ensure that
11    students are on track to graduate;
12        (10) encouraging a successful transition into
13    adulthood and post-secondary opportunities;
14        (11) encouraging involvement in extracurricular
15    activities; and
16        (12) knowing what support is available within the
17    school district and community for students in the legal
18    custody of the Department of Children and Family Services.
19    (c) A school district is required encouraged to designate a
20liaison by the beginning of the 2021-2022 2017-2018 school
21year.
22    (d) Individuals licensed under Article 21B of this Code
23acting as a liaison under this Section shall perform the duties
24of a liaison in addition to existing contractual obligations.
25(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 

 

 

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1    (105 ILCS 5/10-20.73 new)
2    Sec. 10-20.73. Parent-teacher conference and other
3meetings; caseworker. For any student who is in the legal
4custody of the Department of Children and Family Services, the
5liaison appointed under Section 10-20.59 must inform the
6Department's Office of Education and Transition Services of a
7parent-teacher conference or any other meeting concerning the
8student that would otherwise involve a parent and must, at the
9option of the caseworker, allow the student's caseworker to
10attend the conference or meeting.
 
11    (105 ILCS 5/10-21.8)  (from Ch. 122, par. 10-21.8)
12    Sec. 10-21.8. Correspondence and Reports. In the absence of
13any court order to the contrary to require that, upon the
14request of either parent of a pupil whose parents are divorced
15or, if the student is in the legal custody of the Department of
16Children and Family Services, the Department's Office of
17Education and Transition Services, copies of the following:
18reports or records which reflect the pupil's academic progress,
19reports of the pupil's emotional and physical health, notices
20of school-initiated parent-teacher conference, notices of
21major school-sponsored events, such as open houses, which
22involve pupil-parent interaction, and copies of the school
23calendar regarding the child which are furnished by the school
24district to one parent be furnished by mail to the other parent
25or, if applicable, the Department's Office of Education and

 

 

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1Transition Services. Notwithstanding the foregoing provisions
2of this Section a school board shall not, under the authority
3of this Section, refuse to mail copies of reports, records,
4notices or other documents regarding a pupil to a parent of the
5pupil as provided by this Section, unless the school board
6first has been furnished with a certified copy of the court
7order prohibiting the release of such reports, records, notices
8or other documents to that parent. No such reports or records
9with respect to a pupil shall be provided to a parent who has
10been prohibited by an order of protection from inspecting or
11obtaining school records of that pupil pursuant to the Illinois
12Domestic Violence Act of 1986, as now or hereafter amended.
13(Source: P.A. 86-966.)
 
14    (105 ILCS 5/13B-60.10)
15    Sec. 13B-60.10. Parent conference. Before being enrolled
16in an alternative learning opportunities program, the student
17and each of his or her parents or guardians, and, if the
18student is in the legal custody of the Department of Children
19and Family Services, the Department's Office of Education and
20Transition Services shall receive written notice to attend a
21conference to determine if the student would benefit from
22attending an alternative learning opportunities program. The
23conference must provide all of the information necessary for
24the student and parent or guardian to make an informed decision
25regarding enrollment in an alternative learning opportunities

 

 

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1program. The conference shall include a discussion of the
2extent to which the student, if enrolled in the program, may
3participate in school activities. No student shall be enrolled
4in an alternative learning opportunities program without the
5consent of the student's parent or guardian.
6(Source: P.A. 92-42, eff. 1-1-02.)
 
7    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
8    Sec. 14-8.02. Identification, evaluation, and placement of
9children.
10    (a) The State Board of Education shall make rules under
11which local school boards shall determine the eligibility of
12children to receive special education. Such rules shall ensure
13that a free appropriate public education be available to all
14children with disabilities as defined in Section 14-1.02. The
15State Board of Education shall require local school districts
16to administer non-discriminatory procedures or tests to
17English learners coming from homes in which a language other
18than English is used to determine their eligibility to receive
19special education. The placement of low English proficiency
20students in special education programs and facilities shall be
21made in accordance with the test results reflecting the
22student's linguistic, cultural and special education needs.
23For purposes of determining the eligibility of children the
24State Board of Education shall include in the rules definitions
25of "case study", "staff conference", "individualized

 

 

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1educational program", and "qualified specialist" appropriate
2to each category of children with disabilities as defined in
3this Article. For purposes of determining the eligibility of
4children from homes in which a language other than English is
5used, the State Board of Education shall include in the rules
6definitions for "qualified bilingual specialists" and
7"linguistically and culturally appropriate individualized
8educational programs". For purposes of this Section, as well as
9Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
10"parent" means a parent as defined in the federal Individuals
11with Disabilities Education Act (20 U.S.C. 1401(23)).
12    (b) No child shall be eligible for special education
13facilities except with a carefully completed case study fully
14reviewed by professional personnel in a multidisciplinary
15staff conference and only upon the recommendation of qualified
16specialists or a qualified bilingual specialist, if available.
17At the conclusion of the multidisciplinary staff conference,
18the parent of the child and, if the child is in the legal
19custody of the Department of Children and Family Services, the
20Department's Office of Education and Transition Services shall
21be given a copy of the multidisciplinary conference summary
22report and recommendations, which includes options considered,
23and, in the case of the parent, be informed of his or her their
24right to obtain an independent educational evaluation if he or
25she disagrees they disagree with the evaluation findings
26conducted or obtained by the school district. If the school

 

 

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1district's evaluation is shown to be inappropriate, the school
2district shall reimburse the parent for the cost of the
3independent evaluation. The State Board of Education shall,
4with advice from the State Advisory Council on Education of
5Children with Disabilities on the inclusion of specific
6independent educational evaluators, prepare a list of
7suggested independent educational evaluators. The State Board
8of Education shall include on the list clinical psychologists
9licensed pursuant to the Clinical Psychologist Licensing Act.
10Such psychologists shall not be paid fees in excess of the
11amount that would be received by a school psychologist for
12performing the same services. The State Board of Education
13shall supply school districts with such list and make the list
14available to parents at their request. School districts shall
15make the list available to parents at the time they are
16informed of their right to obtain an independent educational
17evaluation. However, the school district may initiate an
18impartial due process hearing under this Section within 5 days
19of any written parent request for an independent educational
20evaluation to show that its evaluation is appropriate. If the
21final decision is that the evaluation is appropriate, the
22parent still has a right to an independent educational
23evaluation, but not at public expense. An independent
24educational evaluation at public expense must be completed
25within 30 days of a parent written request unless the school
26district initiates an impartial due process hearing or the

 

 

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1parent or school district offers reasonable grounds to show
2that such 30-day 30 day time period should be extended. If the
3due process hearing decision indicates that the parent is
4entitled to an independent educational evaluation, it must be
5completed within 30 days of the decision unless the parent or
6the school district offers reasonable grounds to show that such
730-day 30 day period should be extended. If a parent disagrees
8with the summary report or recommendations of the
9multidisciplinary conference or the findings of any
10educational evaluation which results therefrom, the school
11district shall not proceed with a placement based upon such
12evaluation and the child shall remain in his or her regular
13classroom setting. No child shall be eligible for admission to
14a special class for children with a mental disability who are
15educable or for children with a mental disability who are
16trainable except with a psychological evaluation and
17recommendation by a school psychologist. Consent shall be
18obtained from the parent of a child before any evaluation is
19conducted. If consent is not given by the parent or if the
20parent disagrees with the findings of the evaluation, then the
21school district may initiate an impartial due process hearing
22under this Section. The school district may evaluate the child
23if that is the decision resulting from the impartial due
24process hearing and the decision is not appealed or if the
25decision is affirmed on appeal. The determination of
26eligibility shall be made and the IEP meeting shall be

 

 

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1completed within 60 school days from the date of written
2parental consent. In those instances when written parental
3consent is obtained with fewer than 60 pupil attendance days
4left in the school year, the eligibility determination shall be
5made and the IEP meeting shall be completed prior to the first
6day of the following school year. Special education and related
7services must be provided in accordance with the student's IEP
8no later than 10 school attendance days after notice is
9provided to the parents pursuant to Section 300.503 of Title 34
10of the Code of Federal Regulations and implementing rules
11adopted by the State Board of Education. The appropriate
12program pursuant to the individualized educational program of
13students whose native tongue is a language other than English
14shall reflect the special education, cultural and linguistic
15needs. No later than September 1, 1993, the State Board of
16Education shall establish standards for the development,
17implementation and monitoring of appropriate bilingual special
18individualized educational programs. The State Board of
19Education shall further incorporate appropriate monitoring
20procedures to verify implementation of these standards. The
21district shall indicate to the parent, and the State Board of
22Education, and, if applicable, the Department's Office of
23Education and Transition Services the nature of the services
24the child will receive for the regular school term while
25waiting placement in the appropriate special education class.
26At the child's initial IEP meeting and at each annual review

 

 

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1meeting, the child's IEP team shall provide the child's parent
2or guardian and, if applicable, the Department's Office of
3Education and Transition Services with a written notification
4that informs the parent or guardian or the Department's Office
5of Education and Transition Services that the IEP team is
6required to consider whether the child requires assistive
7technology in order to receive free, appropriate public
8education. The notification must also include a toll-free
9telephone number and internet address for the State's assistive
10technology program.
11    If the child is deaf, hard of hearing, blind, or visually
12impaired and he or she might be eligible to receive services
13from the Illinois School for the Deaf or the Illinois School
14for the Visually Impaired, the school district shall notify the
15parents, in writing, of the existence of these schools and the
16services they provide and shall make a reasonable effort to
17inform the parents of the existence of other, local schools
18that provide similar services and the services that these other
19schools provide. This notification shall include without
20limitation information on school services, school admissions
21criteria, and school contact information.
22    In the development of the individualized education program
23for a student who has a disability on the autism spectrum
24(which includes autistic disorder, Asperger's disorder,
25pervasive developmental disorder not otherwise specified,
26childhood disintegrative disorder, and Rett Syndrome, as

 

 

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1defined in the Diagnostic and Statistical Manual of Mental
2Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
3consider all of the following factors:
4        (1) The verbal and nonverbal communication needs of the
5    child.
6        (2) The need to develop social interaction skills and
7    proficiencies.
8        (3) The needs resulting from the child's unusual
9    responses to sensory experiences.
10        (4) The needs resulting from resistance to
11    environmental change or change in daily routines.
12        (5) The needs resulting from engagement in repetitive
13    activities and stereotyped movements.
14        (6) The need for any positive behavioral
15    interventions, strategies, and supports to address any
16    behavioral difficulties resulting from autism spectrum
17    disorder.
18        (7) Other needs resulting from the child's disability
19    that impact progress in the general curriculum, including
20    social and emotional development.
21Public Act 95-257 does not create any new entitlement to a
22service, program, or benefit, but must not affect any
23entitlement to a service, program, or benefit created by any
24other law.
25    If the student may be eligible to participate in the
26Home-Based Support Services Program for Adults with Mental

 

 

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1Disabilities authorized under the Developmental Disability and
2Mental Disability Services Act upon becoming an adult, the
3student's individualized education program shall include plans
4for (i) determining the student's eligibility for those
5home-based services, (ii) enrolling the student in the program
6of home-based services, and (iii) developing a plan for the
7student's most effective use of the home-based services after
8the student becomes an adult and no longer receives special
9educational services under this Article. The plans developed
10under this paragraph shall include specific actions to be taken
11by specified individuals, agencies, or officials.
12    (c) In the development of the individualized education
13program for a student who is functionally blind, it shall be
14presumed that proficiency in Braille reading and writing is
15essential for the student's satisfactory educational progress.
16For purposes of this subsection, the State Board of Education
17shall determine the criteria for a student to be classified as
18functionally blind. Students who are not currently identified
19as functionally blind who are also entitled to Braille
20instruction include: (i) those whose vision loss is so severe
21that they are unable to read and write at a level comparable to
22their peers solely through the use of vision, and (ii) those
23who show evidence of progressive vision loss that may result in
24functional blindness. Each student who is functionally blind
25shall be entitled to Braille reading and writing instruction
26that is sufficient to enable the student to communicate with

 

 

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1the same level of proficiency as other students of comparable
2ability. Instruction should be provided to the extent that the
3student is physically and cognitively able to use Braille.
4Braille instruction may be used in combination with other
5special education services appropriate to the student's
6educational needs. The assessment of each student who is
7functionally blind for the purpose of developing the student's
8individualized education program shall include documentation
9of the student's strengths and weaknesses in Braille skills.
10Each person assisting in the development of the individualized
11education program for a student who is functionally blind shall
12receive information describing the benefits of Braille
13instruction. The individualized education program for each
14student who is functionally blind shall specify the appropriate
15learning medium or media based on the assessment report.
16    (d) To the maximum extent appropriate, the placement shall
17provide the child with the opportunity to be educated with
18children who do not have a disability; provided that children
19with disabilities who are recommended to be placed into regular
20education classrooms are provided with supplementary services
21to assist the children with disabilities to benefit from the
22regular classroom instruction and are included on the teacher's
23regular education class register. Subject to the limitation of
24the preceding sentence, placement in special classes, separate
25schools or other removal of the child with a disability from
26the regular educational environment shall occur only when the

 

 

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1nature of the severity of the disability is such that education
2in the regular classes with the use of supplementary aids and
3services cannot be achieved satisfactorily. The placement of
4English learners with disabilities shall be in non-restrictive
5environments which provide for integration with peers who do
6not have disabilities in bilingual classrooms. Annually, each
7January, school districts shall report data on students from
8non-English speaking backgrounds receiving special education
9and related services in public and private facilities as
10prescribed in Section 2-3.30. If there is a disagreement
11between parties involved regarding the special education
12placement of any child, either in-state or out-of-state, the
13placement is subject to impartial due process procedures
14described in Article 10 of the Rules and Regulations to Govern
15the Administration and Operation of Special Education.
16    (e) No child who comes from a home in which a language
17other than English is the principal language used may be
18assigned to any class or program under this Article until he
19has been given, in the principal language used by the child and
20used in his home, tests reasonably related to his cultural
21environment. All testing and evaluation materials and
22procedures utilized for evaluation and placement shall not be
23linguistically, racially or culturally discriminatory.
24    (f) Nothing in this Article shall be construed to require
25any child to undergo any physical examination or medical
26treatment whose parents object thereto on the grounds that such

 

 

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1examination or treatment conflicts with his religious beliefs.
2    (g) School boards or their designee shall provide to the
3parents of a child or, if applicable, the Department of
4Children and Family Services' Office of Education and
5Transition Services prior written notice of any decision (a)
6proposing to initiate or change, or (b) refusing to initiate or
7change, the identification, evaluation, or educational
8placement of the child or the provision of a free appropriate
9public education to their child, and the reasons therefor. For
10a parent, such Such written notification shall also inform the
11parent of the opportunity to present complaints with respect to
12any matter relating to the educational placement of the
13student, or the provision of a free appropriate public
14education and to have an impartial due process hearing on the
15complaint. The notice shall inform the parents in the parents'
16native language, unless it is clearly not feasible to do so, of
17their rights and all procedures available pursuant to this Act
18and the federal Individuals with Disabilities Education
19Improvement Act of 2004 (Public Law 108-446); it shall be the
20responsibility of the State Superintendent to develop uniform
21notices setting forth the procedures available under this Act
22and the federal Individuals with Disabilities Education
23Improvement Act of 2004 (Public Law 108-446) to be used by all
24school boards. The notice shall also inform the parents of the
25availability upon request of a list of free or low-cost legal
26and other relevant services available locally to assist parents

 

 

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1in initiating an impartial due process hearing. The State
2Superintendent shall revise the uniform notices required by
3this subsection (g) to reflect current law and procedures at
4least once every 2 years. Any parent who is deaf, or does not
5normally communicate using spoken English, who participates in
6a meeting with a representative of a local educational agency
7for the purposes of developing an individualized educational
8program shall be entitled to the services of an interpreter.
9The State Board of Education must adopt rules to establish the
10criteria, standards, and competencies for a bilingual language
11interpreter who attends an individualized education program
12meeting under this subsection to assist a parent who has
13limited English proficiency.
14    (g-5) For purposes of this subsection (g-5), "qualified
15professional" means an individual who holds credentials to
16evaluate the child in the domain or domains for which an
17evaluation is sought or an intern working under the direct
18supervision of a qualified professional, including a master's
19or doctoral degree candidate.
20    To ensure that a parent can participate fully and
21effectively with school personnel in the development of
22appropriate educational and related services for his or her
23child, the parent, an independent educational evaluator, or a
24qualified professional retained by or on behalf of a parent or
25child must be afforded reasonable access to educational
26facilities, personnel, classrooms, and buildings and to the

 

 

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1child as provided in this subsection (g-5). The requirements of
2this subsection (g-5) apply to any public school facility,
3building, or program and to any facility, building, or program
4supported in whole or in part by public funds. Prior to
5visiting a school, school building, or school facility, the
6parent, independent educational evaluator, or qualified
7professional may be required by the school district to inform
8the building principal or supervisor in writing of the proposed
9visit, the purpose of the visit, and the approximate duration
10of the visit. The visitor and the school district shall arrange
11the visit or visits at times that are mutually agreeable.
12Visitors shall comply with school safety, security, and
13visitation policies at all times. School district visitation
14policies must not conflict with this subsection (g-5). Visitors
15shall be required to comply with the requirements of applicable
16privacy laws, including those laws protecting the
17confidentiality of education records such as the federal Family
18Educational Rights and Privacy Act and the Illinois School
19Student Records Act. The visitor shall not disrupt the
20educational process.
21        (1) A parent must be afforded reasonable access of
22    sufficient duration and scope for the purpose of observing
23    his or her child in the child's current educational
24    placement, services, or program or for the purpose of
25    visiting an educational placement or program proposed for
26    the child.

 

 

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1        (2) An independent educational evaluator or a
2    qualified professional retained by or on behalf of a parent
3    or child must be afforded reasonable access of sufficient
4    duration and scope for the purpose of conducting an
5    evaluation of the child, the child's performance, the
6    child's current educational program, placement, services,
7    or environment, or any educational program, placement,
8    services, or environment proposed for the child, including
9    interviews of educational personnel, child observations,
10    assessments, tests or assessments of the child's
11    educational program, services, or placement or of any
12    proposed educational program, services, or placement. If
13    one or more interviews of school personnel are part of the
14    evaluation, the interviews must be conducted at a mutually
15    agreed upon time, date, and place that do not interfere
16    with the school employee's school duties. The school
17    district may limit interviews to personnel having
18    information relevant to the child's current educational
19    services, program, or placement or to a proposed
20    educational service, program, or placement.
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank).
26    (m) (Blank).

 

 

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1    (n) (Blank).
2    (o) (Blank).
3(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
4100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
5    (105 ILCS 5/34-18.52)
6    Sec. 34-18.52. DCFS liaison.
7    (a) The board must may appoint at least one employee to act
8as a liaison to facilitate the enrollment and transfer of
9records of students in the legal custody of the Department of
10Children and Family Services when enrolling in or changing
11schools. The board may appoint any employee of the school
12district who is licensed under Article 21B of this Code to act
13as a liaison; however, employees who meet any of the following
14criteria must be prioritized for appointment:
15        (1) Employees who have worked with mobile student
16    populations or students in foster care.
17        (2) Employees who are familiar with enrollment, record
18    transfers, existing community services, and student
19    support services.
20        (3) Employees who serve as a high-level administrator.
21        (4) Employees who are counselors or have experience
22    with student counseling.
23        (5) Employees who are knowledgeable on child welfare
24    policies.
25        (6) Employees who serve as a school social worker.

 

 

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1    (b) Liaisons under this Section are encouraged to build
2capacity and infrastructure within the school district to
3support students in the legal custody of the Department of
4Children and Family Services. Liaison responsibilities may
5include the following:
6        (1) streamlining the enrollment processes for students
7    in foster care;
8        (2) implementing student data tracking and monitoring
9    mechanisms;
10        (3) ensuring that students in the legal custody of the
11    Department of Children and Family Services receive all
12    school nutrition and meal programs available;
13        (4) coordinating student withdrawal from a school,
14    record transfers, and credit recovery;
15        (5) becoming experts on the foster care system and
16    State laws and policies in place that support children
17    under the legal custody of the Department of Children and
18    Family Services;
19        (6) coordinating with child welfare partners;
20        (7) providing foster care-related information and
21    training to the school district;
22        (8) working with the Department of Children and Family
23    Services to help students maintain their school placement,
24    if appropriate;
25        (9) reviewing student schedules to ensure that
26    students are on track to graduate;

 

 

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1        (10) encouraging a successful transition into
2    adulthood and post-secondary opportunities;
3        (11) encouraging involvement in extracurricular
4    activities; and
5        (12) knowing what support is available within the
6    school district and community for students in the legal
7    custody of the Department of Children and Family Services.
8    (c) The school district is required encouraged to designate
9a liaison by the beginning of the 2021-2022 2017-2018 school
10year.
11    (d) Individuals licensed under Article 21B of this Code
12acting as a liaison under this Section shall perform the duties
13of a liaison in addition to existing contractual obligations.
14(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
15    (105 ILCS 5/34-18.66 new)
16    Sec. 34-18.66. Parent-teacher conference and other
17meetings; caseworker. For any student who is in the legal
18custody of the Department of Children and Family Services, the
19liaison appointed under Section 34-18.52 must inform the
20Department's Office of Education and Transition Services of a
21parent-teacher conference or any other meeting concerning the
22student that would otherwise involve a parent and must, at the
23option of the caseworker, allow the student's caseworker to
24attend the conference or meeting.
 

 

 

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1    Section 10. The Illinois School Student Records Act is
2amended by changing Sections 2, 4, 5, and 6 as follows:
 
3    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
4    Sec. 2. As used in this Act: ,
5    (a) "Student" means any person enrolled or previously
6enrolled in a school.
7    (b) "School" means any public preschool, day care center,
8kindergarten, nursery, elementary or secondary educational
9institution, vocational school, special educational facility
10or any other elementary or secondary educational agency or
11institution and any person, agency or institution which
12maintains school student records from more than one school, but
13does not include a private or non-public school.
14    (c) "State Board" means the State Board of Education.
15    (d) "School Student Record" means any writing or other
16recorded information concerning a student and by which a
17student may be individually identified, maintained by a school
18or at its direction or by an employee of a school, regardless
19of how or where the information is stored. The following shall
20not be deemed school student records under this Act: writings
21or other recorded information maintained by an employee of a
22school or other person at the direction of a school for his or
23her exclusive use; provided that all such writings and other
24recorded information are destroyed not later than the student's
25graduation or permanent withdrawal from the school; and

 

 

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1provided further that no such records or recorded information
2may be released or disclosed to any person except a person
3designated by the school as a substitute unless they are first
4incorporated in a school student record and made subject to all
5of the provisions of this Act. School student records shall not
6include information maintained by law enforcement
7professionals working in the school.
8    (e) "Student Permanent Record" means the minimum personal
9information necessary to a school in the education of the
10student and contained in a school student record. Such
11information may include the student's name, birth date,
12address, grades and grade level, parents' names and addresses,
13attendance records, and such other entries as the State Board
14may require or authorize.
15    (f) "Student Temporary Record" means all information
16contained in a school student record but not contained in the
17student permanent record. Such information may include family
18background information, intelligence test scores, aptitude
19test scores, psychological and personality test results,
20teacher evaluations, and other information of clear relevance
21to the education of the student, all subject to regulations of
22the State Board. The information shall include information
23provided under Section 8.6 of the Abused and Neglected Child
24Reporting Act and information contained in service logs
25maintained by a local education agency under subsection (d) of
26Section 14-8.02f of the School Code. In addition, the student

 

 

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1temporary record shall include information regarding serious
2disciplinary infractions that resulted in expulsion,
3suspension, or the imposition of punishment or sanction. For
4purposes of this provision, serious disciplinary infractions
5means: infractions involving drugs, weapons, or bodily harm to
6another.
7    (g) "Parent" means a person who is the natural parent of
8the student or other person who has the primary responsibility
9for the care and upbringing of the student. All rights and
10privileges accorded to a parent under this Act shall become
11exclusively those of the student upon his 18th birthday,
12graduation from secondary school, marriage or entry into
13military service, whichever occurs first. Such rights and
14privileges may also be exercised by the student at any time
15with respect to the student's permanent school record.
16    (h) "Department" means the Department of Children and
17Family Services.
18(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
19    (105 ILCS 10/4)  (from Ch. 122, par. 50-4)
20    Sec. 4. (a) Each school shall designate an official records
21custodian who is responsible for the maintenance, care and
22security of all school student records, whether or not such
23records are in his personal custody or control.
24    (b) The official records custodian shall take all
25reasonable measures to prevent unauthorized access to or

 

 

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1dissemination of school student records.
2    (c) Information contained in or added to a school student
3record shall be limited to information which is of clear
4relevance to the education of the student.
5    (d) Information added to a student temporary record after
6the effective date of this Act shall include the name,
7signature and position of the person who has added such
8information and the date of its entry into the record.
9    (e) Each school shall maintain student permanent records
10and the information contained therein for not less than 60
11years after the student has transferred, graduated or otherwise
12permanently withdrawn from the school.
13    (f) Each school shall maintain student temporary records
14and the information contained in those records for not less
15than 5 years after the student has transferred, graduated, or
16otherwise withdrawn from the school. However, student
17temporary records shall not be disclosed except as provided in
18Section 5 or 6 or by court order. A school may maintain
19indefinitely anonymous information from student temporary
20records for authorized research, statistical reporting or
21planning purposes, provided that no student or parent can be
22individually identified from the information maintained.
23    (g) The principal of each school or the person with like
24responsibilities or his or her designate shall periodically
25review each student temporary record for verification of
26entries and elimination or correction of all inaccurate,

 

 

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1misleading, unnecessary or irrelevant information. The State
2Board shall issue regulations to govern the periodic review of
3the student temporary records and length of time for
4maintenance of entries to such records.
5    (h) Before any school student record is destroyed or
6information deleted therefrom, the parent or the student, if
7the rights and privileges accorded to the parent under this Act
8have been transferred to the student, and, if the student is in
9the legal custody of the Department of Children and Family
10Services, the Department's Office of Education and Transition
11Services shall be given reasonable prior notice in accordance
12with rules adopted by the State Board and an opportunity to
13copy the record and information proposed to be destroyed or
14deleted. A school may provide reasonable prior notice under
15this subsection to a parent or student through (i) notice in
16the school's parent or student handbook, (ii) publication in a
17newspaper published in the school district or, if no newspaper
18is published in the school district, in a newspaper of general
19circulation within the school district, (iii) U.S. mail
20delivered to the last known address of the parent or student,
21or (iv) other means provided the notice is confirmed to have
22been received.
23    (i) No school shall be required to separate permanent and
24temporary school student records of a student not enrolled in
25such school on or after the effective date of this Act or to
26destroy any such records, or comply with the provisions of

 

 

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1paragraph (g) of this Section with respect to such records,
2except (1) in accordance with the request of the parent that
3any or all of such actions be taken in compliance with the
4provisions of this Act or (2) in accordance with regulations
5adopted by the State Board.
6(Source: P.A. 101-161, eff. 1-1-20.)
 
7    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
8    Sec. 5. (a) A parent or any person specifically designated
9as a representative by a parent and, if the child is in the
10legal custody of the Department of Children and Family
11Services, the Department's Office of Education and Transition
12Services shall have the right to inspect and copy all school
13student permanent and temporary records of that parent's child.
14A student shall have the right to inspect and copy his or her
15school student permanent record. No person who is prohibited by
16an order of protection from inspecting or obtaining school
17records of a student pursuant to the Illinois Domestic Violence
18Act of 1986, as now or hereafter amended, shall have any right
19of access to, or inspection of, the school records of that
20student. If a school's principal or person with like
21responsibilities or his designee has knowledge of such order of
22protection, the school shall prohibit access or inspection of
23the student's school records by such person.
24    (b) Whenever access to any person is granted pursuant to
25paragraph (a) of this Section, at the option of that person

 

 

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1either the parent or the school, a qualified professional, who
2may be a psychologist, counsellor or other advisor, and who may
3be an employee of the school or employed by the parent or the
4Department, may be present to interpret the information
5contained in the student temporary record. If the school
6requires that a professional be present, the school shall
7secure and bear any cost of the presence of the professional.
8If the parent or the Department so requests, the school shall
9secure and bear any cost of the presence of a professional
10employed by the school.
11    (c) A parent's or student's or, if applicable, the
12Department's Office of Education and Transition Services'
13request to inspect and copy records, or to allow a specifically
14designated representative to inspect and copy records, must be
15granted within a reasonable time, and in no case later than 10
16business days after the date of receipt of such request by the
17official records custodian.
18    (c-5) The time for response under this Section may be
19extended by the school district by not more than 5 business
20days from the original due date for any of the following
21reasons:
22        (1) the requested records are stored in whole or in
23    part at other locations than the office having charge of
24    the requested records;
25        (2) the request requires the collection of a
26    substantial number of specified records;

 

 

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1        (3) the request is couched in categorical terms and
2    requires an extensive search for the records responsive to
3    it;
4        (4) the requested records have not been located in the
5    course of routine search and additional efforts are being
6    made to locate them;
7        (5) the request for records cannot be complied with by
8    the school district within the time limits prescribed by
9    subsection (c) of this Section without unduly burdening or
10    interfering with the operations of the school district; or
11        (6) there is a need for consultation, which shall be
12    conducted with all practicable speed, with another public
13    body or school district or among 2 or more components of a
14    public body or school district having a substantial
15    interest in the determination or in the subject matter of
16    the request.
17    The person making a request and the school district may
18agree in writing to extend the time for compliance for a period
19to be determined by the parties. If the requester and the
20school district agree to extend the period for compliance, a
21failure by the school district to comply with any previous
22deadlines shall not be treated as a denial of the request for
23the records.
24    (d) The school may charge its reasonable costs for the
25copying of school student records, not to exceed the amounts
26fixed in schedules adopted by the State Board, to any person

 

 

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1permitted to copy such records, except that no parent or
2student shall be denied a copy of school student records as
3permitted under this Section 5 for inability to bear the cost
4of such copying.
5    (e) Nothing contained in this Section 5 shall make
6available to a parent or student or, if applicable, the
7Department's Office of Education and Transition Services
8confidential letters and statements of recommendation
9furnished in connection with applications for employment to a
10post-secondary educational institution or the receipt of an
11honor or honorary recognition, provided such letters and
12statements are not used for purposes other than those for which
13they were specifically intended, and
14        (1) were placed in a school student record prior to
15    January 1, 1975; or
16        (2) the student has waived access thereto after being
17    advised of his right to obtain upon request the names of
18    all such persons making such confidential recommendations.
19    (f) Nothing contained in this Act shall be construed to
20impair or limit the confidentiality of:
21        (1) Communications otherwise protected by law as
22    privileged or confidential, including but not limited to,
23    information communicated in confidence to a physician,
24    psychologist or other psychotherapist, school social
25    worker, school counselor, school psychologist, or school
26    social worker, school counselor, or school psychologist

 

 

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1    intern who works under the direct supervision of a school
2    social worker, school counselor, or school psychologist;
3    or
4        (2) Information which is communicated by a student or
5    parent in confidence to school personnel; or
6        (3) Information which is communicated by a student,
7    parent, or guardian to a law enforcement professional
8    working in the school, except as provided by court order.
9    (g) No school employee shall be subjected to adverse
10employment action, the threat of adverse employment action, or
11any manner of discrimination because the employee is acting or
12has acted to protect communications as privileged or
13confidential pursuant to applicable provisions of State or
14federal law or rule or regulation.
15(Source: P.A. 100-532, eff. 9-22-17.)
 
16    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
17    Sec. 6. (a) No school student records or information
18contained therein may be released, transferred, disclosed or
19otherwise disseminated, except as follows:
20        (1) to a parent or student or person specifically
21    designated as a representative by a parent, as provided in
22    paragraph (a) of Section 5;
23        (2) to an employee or official of the school or school
24    district or State Board with current demonstrable
25    educational or administrative interest in the student, in

 

 

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1    furtherance of such interest;
2        (3) to the official records custodian of another school
3    within Illinois or an official with similar
4    responsibilities of a school outside Illinois, in which the
5    student has enrolled, or intends to enroll, upon the
6    request of such official or student;
7        (4) to any person for the purpose of research,
8    statistical reporting, or planning, provided that such
9    research, statistical reporting, or planning is
10    permissible under and undertaken in accordance with the
11    federal Family Educational Rights and Privacy Act (20
12    U.S.C. 1232g);
13        (5) pursuant to a court order, provided that the parent
14    shall be given prompt written notice upon receipt of such
15    order of the terms of the order, the nature and substance
16    of the information proposed to be released in compliance
17    with such order and an opportunity to inspect and copy the
18    school student records and to challenge their contents
19    pursuant to Section 7;
20        (6) to any person as specifically required by State or
21    federal law;
22        (6.5) to juvenile authorities when necessary for the
23    discharge of their official duties who request information
24    prior to adjudication of the student and who certify in
25    writing that the information will not be disclosed to any
26    other party except as provided under law or order of court.

 

 

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1    For purposes of this Section "juvenile authorities" means:
2    (i) a judge of the circuit court and members of the staff
3    of the court designated by the judge; (ii) parties to the
4    proceedings under the Juvenile Court Act of 1987 and their
5    attorneys; (iii) probation officers and court appointed
6    advocates for the juvenile authorized by the judge hearing
7    the case; (iv) any individual, public or private agency
8    having custody of the child pursuant to court order; (v)
9    any individual, public or private agency providing
10    education, medical or mental health service to the child
11    when the requested information is needed to determine the
12    appropriate service or treatment for the minor; (vi) any
13    potential placement provider when such release is
14    authorized by the court for the limited purpose of
15    determining the appropriateness of the potential
16    placement; (vii) law enforcement officers and prosecutors;
17    (viii) adult and juvenile prisoner review boards; (ix)
18    authorized military personnel; (x) individuals authorized
19    by court;
20        (7) subject to regulations of the State Board, in
21    connection with an emergency, to appropriate persons if the
22    knowledge of such information is necessary to protect the
23    health or safety of the student or other persons;
24        (8) to any person, with the prior specific dated
25    written consent of the parent designating the person to
26    whom the records may be released, provided that at the time

 

 

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1    any such consent is requested or obtained, the parent shall
2    be advised in writing that he has the right to inspect and
3    copy such records in accordance with Section 5, to
4    challenge their contents in accordance with Section 7 and
5    to limit any such consent to designated records or
6    designated portions of the information contained therein;
7        (9) to a governmental agency, or social service agency
8    contracted by a governmental agency, in furtherance of an
9    investigation of a student's school attendance pursuant to
10    the compulsory student attendance laws of this State,
11    provided that the records are released to the employee or
12    agent designated by the agency;
13        (10) to those SHOCAP committee members who fall within
14    the meaning of "state and local officials and authorities",
15    as those terms are used within the meaning of the federal
16    Family Educational Rights and Privacy Act, for the purposes
17    of identifying serious habitual juvenile offenders and
18    matching those offenders with community resources pursuant
19    to Section 5-145 of the Juvenile Court Act of 1987, but
20    only to the extent that the release, transfer, disclosure,
21    or dissemination is consistent with the Family Educational
22    Rights and Privacy Act;
23        (11) to the Department of Healthcare and Family
24    Services in furtherance of the requirements of Section
25    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
26    Section 10 of the School Breakfast and Lunch Program Act;

 

 

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1    or
2        (12) to the State Board or another State government
3    agency or between or among State government agencies in
4    order to evaluate or audit federal and State programs or
5    perform research and planning, but only to the extent that
6    the release, transfer, disclosure, or dissemination is
7    consistent with the federal Family Educational Rights and
8    Privacy Act (20 U.S.C. 1232g); or .
9        (13) if the student is in the legal custody of the
10    Department of Children and Family Services, to the
11    Department's Office of Education and Transition Services.
12    (b) No information may be released pursuant to subparagraph
13(3) or (6) of paragraph (a) of this Section 6 unless the parent
14receives prior written notice of the nature and substance of
15the information proposed to be released, and an opportunity to
16inspect and copy such records in accordance with Section 5 and
17to challenge their contents in accordance with Section 7.
18Provided, however, that such notice shall be sufficient if
19published in a local newspaper of general circulation or other
20publication directed generally to the parents involved where
21the proposed release of information is pursuant to subparagraph
22(6) of paragraph (a) of this Section 6 and relates to more than
2325 students.
24    (c) A record of any release of information pursuant to this
25Section must be made and kept as a part of the school student
26record and subject to the access granted by Section 5. Such

 

 

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1record of release shall be maintained for the life of the
2school student records and shall be available only to the
3parent and the official records custodian. Each record of
4release shall also include:
5        (1) the nature and substance of the information
6    released;
7        (2) the name and signature of the official records
8    custodian releasing such information;
9        (3) the name of the person requesting such information,
10    the capacity in which such a request has been made, and the
11    purpose of such request;
12        (4) the date of the release; and
13        (5) a copy of any consent to such release.
14    (d) Except for the student and his or her parents or, if
15applicable, the Department's Office of Education and
16Transition Services, no person to whom information is released
17pursuant to this Section and no person specifically designated
18as a representative by a parent may permit any other person to
19have access to such information without a prior consent of the
20parent obtained in accordance with the requirements of
21subparagraph (8) of paragraph (a) of this Section.
22    (e) Nothing contained in this Act shall prohibit the
23publication of student directories which list student names,
24addresses and other identifying information and similar
25publications which comply with regulations issued by the State
26Board.

 

 

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1(Source: P.A. 99-78, eff. 7-20-15.)
 
2    Section 99. Effective date. This Act takes effect on July
31, 2021.".