Full Text of SB2360 101st General Assembly
SB2360sam001 101ST GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/26/2020
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| 1 | | AMENDMENT TO SENATE BILL 2360
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2360 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois School Student Records Act is | 5 | | amended by changing Section 6 as follows:
| 6 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 7 | | Sec. 6. (a) No school student records or information
| 8 | | contained therein may be released, transferred, disclosed or | 9 | | otherwise
disseminated, except as follows:
| 10 | | (1) to a parent or student or person specifically
| 11 | | designated as a representative by a parent, as provided in | 12 | | paragraph (a)
of Section 5;
| 13 | | (2) to an employee or official of the school or
school | 14 | | district or State Board with current demonstrable | 15 | | educational
or administrative interest in the student, in | 16 | | furtherance of such interest;
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| 1 | | (3) to the official records custodian of another school | 2 | | within
Illinois or an official with similar | 3 | | responsibilities of a school
outside Illinois, in which the | 4 | | student has enrolled, or intends to enroll,
upon the | 5 | | request of such official or student;
| 6 | | (4) to any person for the purpose of research,
| 7 | | statistical reporting, or planning, provided that such | 8 | | research, statistical reporting, or planning is | 9 | | permissible under and undertaken in accordance with the | 10 | | federal Family Educational Rights and Privacy Act (20 | 11 | | U.S.C. 1232g);
| 12 | | (5) pursuant to a court order, provided that the
parent | 13 | | shall be given prompt written notice upon receipt
of such | 14 | | order of the terms of the order, the nature and
substance | 15 | | of the information proposed to be released
in compliance | 16 | | with such order and an opportunity to
inspect and copy the | 17 | | school student records and to
challenge their contents | 18 | | pursuant to Section 7;
| 19 | | (6) to any person as specifically required by State
or | 20 | | federal law;
| 21 | | (6.5) to juvenile authorities
when necessary for the | 22 | | discharge of their official duties
who request information | 23 | | prior to
adjudication of the student and who certify in | 24 | | writing that the information
will not be disclosed to any | 25 | | other party except as provided under law or order
of court. | 26 | | For purposes of this Section "juvenile authorities" means:
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| 1 | | (i) a judge of
the circuit court and members of the staff | 2 | | of the court designated by the
judge; (ii) parties to the | 3 | | proceedings under the Juvenile Court Act of 1987 and
their | 4 | | attorneys; (iii) probation
officers and court appointed | 5 | | advocates for the juvenile authorized by the judge
hearing | 6 | | the case; (iv) any individual, public or private agency | 7 | | having custody
of the child pursuant to court order; (v) | 8 | | any individual, public or private
agency providing | 9 | | education, medical or mental health service to the child | 10 | | when
the requested information is needed to determine the | 11 | | appropriate service or
treatment for the minor; (vi) any | 12 | | potential placement provider when such
release
is | 13 | | authorized by the court for the limited purpose of | 14 | | determining the
appropriateness of the potential | 15 | | placement; (vii) law enforcement officers and
prosecutors;
| 16 | | (viii) adult and juvenile prisoner review boards; (ix) | 17 | | authorized military
personnel; (x)
individuals authorized | 18 | | by court;
| 19 | | (7) subject to regulations of the State Board,
in | 20 | | connection with an emergency, to appropriate persons
if the | 21 | | knowledge of such information is necessary to protect
the | 22 | | health or safety of the student or other
persons;
| 23 | | (8) to any person, with the prior specific dated
| 24 | | written consent of the parent designating the person
to | 25 | | whom the records may be released, provided that at
the time | 26 | | any such consent is requested or obtained,
the parent shall |
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| 1 | | be advised in writing that he has the right
to inspect and | 2 | | copy such records in accordance with Section 5, to
| 3 | | challenge their contents in accordance with Section 7 and | 4 | | to limit any such
consent to
designated records or | 5 | | designated portions of the information contained
therein;
| 6 | | (9) to a governmental agency, or social service agency | 7 | | contracted by a
governmental agency, in furtherance of an | 8 | | investigation of a student's school
attendance pursuant to | 9 | | the compulsory student attendance laws of this State,
| 10 | | provided that the records are released to the employee or | 11 | | agent designated by
the agency;
| 12 | | (10) to those SHOCAP committee members who fall within | 13 | | the meaning of
"state and local officials and authorities", | 14 | | as those terms are used within the
meaning of the federal | 15 | | Family Educational Rights and Privacy Act, for
the
purposes | 16 | | of identifying serious habitual juvenile offenders and | 17 | | matching those
offenders with community resources pursuant | 18 | | to Section 5-145 of the Juvenile
Court Act of 1987, but | 19 | | only to the extent that the release, transfer,
disclosure, | 20 | | or dissemination is consistent with the Family Educational | 21 | | Rights
and Privacy Act;
| 22 | | (11) to the Department of Healthcare and Family | 23 | | Services in furtherance of the
requirements of Section | 24 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 25 | | Section 10 of the School Breakfast and Lunch
Program Act; | 26 | | or
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| 1 | | (12) to the State Board or another State government | 2 | | agency or between or among State government agencies in | 3 | | order to evaluate or audit federal and State programs or | 4 | | perform research and planning, but only to the extent that | 5 | | the release, transfer, disclosure, or dissemination is | 6 | | consistent with the federal Family Educational Rights and | 7 | | Privacy Act (20 U.S.C. 1232g). | 8 | | (13) Under an intergovernmental agreement if an | 9 | | elementary school district and a high school district have | 10 | | attendance boundaries that overlap and are parties to an | 11 | | intergovernmental agreement that allows the sharing of | 12 | | student records and information between the districts. | 13 | | However, the sharing of student information is allowed | 14 | | under an intergovernmental agreement only if the | 15 | | intergovernmental agreement meets all of the following | 16 | | requirements: | 17 | | (A) The sharing of student information must be | 18 | | voluntary and at the discretion of each school district | 19 | | that is a party to the agreement. | 20 | | (B) The sharing of student information applies | 21 | | only to students who have been enrolled in both | 22 | | districts or would be enrolled in both districts based | 23 | | on district attendance boundaries. | 24 | | (C) The sharing of student information does not | 25 | | exceed the scope of information that is shared among | 26 | | schools in a unit school district. However, the terms |
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| 1 | | of an intergovernmental agreement may place further | 2 | | limitations on the information that is allowed to be | 3 | | shared. | 4 | | (b) No information may be released pursuant to subparagraph | 5 | | (3) or
(6) of paragraph (a) of this Section 6 unless the parent | 6 | | receives
prior written notice of the nature and substance of | 7 | | the information
proposed to be released, and an opportunity to | 8 | | inspect
and copy such records in accordance with Section 5 and | 9 | | to
challenge their contents in accordance with Section 7. | 10 | | Provided, however,
that such notice shall be sufficient if | 11 | | published in a local newspaper of
general circulation or other | 12 | | publication directed generally to the parents
involved where | 13 | | the proposed release of information is pursuant to
subparagraph | 14 | | (6) of paragraph (a) of this Section 6 and relates to more
than | 15 | | 25 students.
| 16 | | (c) A record of any release of information pursuant
to this | 17 | | Section must be made and kept as a part of the
school student | 18 | | record and subject to the access granted by Section 5.
Such | 19 | | record of release shall be maintained for the life of the
| 20 | | school student records and shall be available only to the | 21 | | parent
and the official records custodian.
Each record of | 22 | | release shall also include:
| 23 | | (1) the nature and substance of the information | 24 | | released;
| 25 | | (2) the name and signature of the official records
| 26 | | custodian releasing such information;
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| 1 | | (3) the name of the person requesting such information,
| 2 | | the capacity in which such a request has been made, and the | 3 | | purpose of such
request;
| 4 | | (4) the date of the release; and
| 5 | | (5) a copy of any consent to such release.
| 6 | | (d) Except for the student and his parents, no person
to | 7 | | whom information is released pursuant to this Section
and no | 8 | | person specifically designated as a representative by a parent
| 9 | | may permit any other person to have access to such information | 10 | | without a prior
consent of the parent obtained in accordance | 11 | | with the requirements
of subparagraph (8) of paragraph (a) of | 12 | | this Section.
| 13 | | (e) Nothing contained in this Act shall prohibit the
| 14 | | publication of student directories which list student names, | 15 | | addresses
and other identifying information and similar | 16 | | publications which
comply with regulations issued by the State | 17 | | Board.
| 18 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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