Illinois General Assembly - Full Text of HB1746
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Full Text of HB1746  102nd General Assembly

HB1746 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1746

 

Introduced 2/17/2021, by Rep. Jay Hoffman - Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Provides that each school board must (rather than may) appoint at least one employee to act as a liaison to facilitate enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services. Provides that a school district is required (rather than encouraged) to designate a liaison by the beginning of the 2022-2023 school year. Provides that, for any student who is in the legal custody of the Department of Children and Family Services, the liaison must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting. Amends the Illinois School Student Records Act. Provides that if a student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services must be informed before a school student record is destroyed or any information in that record is deleted and shall have the right to inspect and copy all school student permanent and temporary records. Makes related changes. Effective July 1, 2022.


LRB102 02735 CMG 12738 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1746LRB102 02735 CMG 12738 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 34-18.67 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
13or changing schools. The school board may appoint any employee
14of the school district who is licensed under Article 21B of
15this Code to act as a liaison; however, employees who meet any
16of the following criteria must be prioritized for appointment:
17        (1) Employees who have worked with mobile student
18    populations or students in foster care.
19        (2) Employees who are familiar with enrollment, record
20    transfers, existing community services, and student
21    support services.
22        (3) Employees who serve as a high-level administrator.
23        (4) Employees who are counselors or have experience

 

 

HB1746- 2 -LRB102 02735 CMG 12738 b

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

 

 

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1    Services to help students maintain their school placement,
2    if appropriate;
3        (9) reviewing student schedules to ensure that
4    students are on track to graduate;
5        (10) encouraging a successful transition into
6    adulthood and post-secondary opportunities;
7        (11) encouraging involvement in extracurricular
8    activities; and
9        (12) knowing what support is available within the
10    school district and community for students in the legal
11    custody of the Department of Children and Family Services.
12    (c) A school district is required encouraged to designate
13a liaison by the beginning of the 2022-2023 2017-2018 school
14year.
15    (d) Individuals licensed under Article 21B of this Code
16acting as a liaison under this Section shall perform the
17duties of a liaison in addition to existing contractual
18obligations.
19(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
20    (105 ILCS 5/10-20.73 new)
21    Sec. 10-20.73. Parent-teacher conference and other
22meetings; caseworker. For any student who is in the legal
23custody of the Department of Children and Family Services, the
24liaison appointed under Section 10-20.59 must inform the
25Department's Office of Education and Transition Services of a

 

 

HB1746- 4 -LRB102 02735 CMG 12738 b

1parent-teacher conference or any other meeting concerning the
2student that would otherwise involve a parent and must, at the
3option of the caseworker, allow the student's caseworker to
4attend the conference or meeting.
 
5    (105 ILCS 5/10-21.8)  (from Ch. 122, par. 10-21.8)
6    Sec. 10-21.8. Correspondence and Reports. In the absence
7of any court order to the contrary to require that, upon the
8request of either parent of a pupil whose parents are divorced
9or, if the student is in the legal custody of the Department of
10Children and Family Services, the Department's Office of
11Education and Transition Services, copies of the following:
12reports or records which reflect the pupil's academic
13progress, reports of the pupil's emotional and physical
14health, notices of school-initiated parent-teacher conference,
15notices of major school-sponsored events, such as open houses,
16which involve pupil-parent interaction, and copies of the
17school calendar regarding the child which are furnished by the
18school district to one parent be furnished by mail to the other
19parent or, if applicable, the Department's Office of Education
20and Transition Services. Notwithstanding the foregoing
21provisions of this Section a school board shall not, under the
22authority of this Section, refuse to mail copies of reports,
23records, notices or other documents regarding a pupil to a
24parent of the pupil as provided by this Section, unless the
25school board first has been furnished with a certified copy of

 

 

HB1746- 5 -LRB102 02735 CMG 12738 b

1the court order prohibiting the release of such reports,
2records, notices or other documents to that parent. No such
3reports or records with respect to a pupil shall be provided to
4a parent who has been prohibited by an order of protection from
5inspecting or obtaining school records of that pupil pursuant
6to the Illinois Domestic Violence Act of 1986, as now or
7hereafter amended.
8(Source: P.A. 86-966.)
 
9    (105 ILCS 5/13B-60.10)
10    Sec. 13B-60.10. Parent conference. Before being enrolled
11in an alternative learning opportunities program, the student
12and each of his or her parents or guardians, and, if the
13student is in the legal custody of the Department of Children
14and Family Services, the Department's Office of Education and
15Transition Services shall receive written notice to attend a
16conference to determine if the student would benefit from
17attending an alternative learning opportunities program. The
18conference must provide all of the information necessary for
19the student and parent or guardian to make an informed
20decision regarding enrollment in an alternative learning
21opportunities program. The conference shall include a
22discussion of the extent to which the student, if enrolled in
23the program, may participate in school activities. No student
24shall be enrolled in an alternative learning opportunities
25program without the consent of the student's parent or

 

 

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1guardian.
2(Source: P.A. 92-42, eff. 1-1-02.)
 
3    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
4    Sec. 14-8.02. Identification, evaluation, and placement of
5children.
6    (a) The State Board of Education shall make rules under
7which local school boards shall determine the eligibility of
8children to receive special education. Such rules shall ensure
9that a free appropriate public education be available to all
10children with disabilities as defined in Section 14-1.02. The
11State Board of Education shall require local school districts
12to administer non-discriminatory procedures or tests to
13English learners coming from homes in which a language other
14than English is used to determine their eligibility to receive
15special education. The placement of low English proficiency
16students in special education programs and facilities shall be
17made in accordance with the test results reflecting the
18student's linguistic, cultural and special education needs.
19For purposes of determining the eligibility of children the
20State Board of Education shall include in the rules
21definitions of "case study", "staff conference",
22"individualized educational program", and "qualified
23specialist" appropriate to each category of children with
24disabilities as defined in this Article. For purposes of
25determining the eligibility of children from homes in which a

 

 

HB1746- 7 -LRB102 02735 CMG 12738 b

1language other than English is used, the State Board of
2Education shall include in the rules definitions for
3"qualified bilingual specialists" and "linguistically and
4culturally appropriate individualized educational programs".
5For purposes of this Section, as well as Sections 14-8.02a,
614-8.02b, and 14-8.02c of this Code, "parent" means a parent
7as defined in the federal Individuals with Disabilities
8Education Act (20 U.S.C. 1401(23)).
9    (b) No child shall be eligible for special education
10facilities except with a carefully completed case study fully
11reviewed by professional personnel in a multidisciplinary
12staff conference and only upon the recommendation of qualified
13specialists or a qualified bilingual specialist, if available.
14At the conclusion of the multidisciplinary staff conference,
15the parent of the child and, if the child is in the legal
16custody of the Department of Children and Family Services, the
17Department's Office of Education and Transition Services shall
18be given a copy of the multidisciplinary conference summary
19report and recommendations, which includes options considered,
20and, in the case of the parent, be informed of his or her their
21right to obtain an independent educational evaluation if he or
22she disagrees they disagree with the evaluation findings
23conducted or obtained by the school district. If the school
24district's evaluation is shown to be inappropriate, the school
25district shall reimburse the parent for the cost of the
26independent evaluation. The State Board of Education shall,

 

 

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

 

 

HB1746- 9 -LRB102 02735 CMG 12738 b

1entitled to an independent educational evaluation, it must be
2completed within 30 days of the decision unless the parent or
3the school district offers reasonable grounds to show that
4such 30-day 30 day period should be extended. If a parent
5disagrees with the summary report or recommendations of the
6multidisciplinary conference or the findings of any
7educational evaluation which results therefrom, the school
8district shall not proceed with a placement based upon such
9evaluation and the child shall remain in his or her regular
10classroom setting. No child shall be eligible for admission to
11a special class for children with a mental disability who are
12educable or for children with a mental disability who are
13trainable except with a psychological evaluation and
14recommendation by a school psychologist. Consent shall be
15obtained from the parent of a child before any evaluation is
16conducted. If consent is not given by the parent or if the
17parent disagrees with the findings of the evaluation, then the
18school district may initiate an impartial due process hearing
19under this Section. The school district may evaluate the child
20if that is the decision resulting from the impartial due
21process hearing and the decision is not appealed or if the
22decision is affirmed on appeal. The determination of
23eligibility shall be made and the IEP meeting shall be
24completed within 60 school days from the date of written
25parental consent. In those instances when written parental
26consent is obtained with fewer than 60 pupil attendance days

 

 

HB1746- 10 -LRB102 02735 CMG 12738 b

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

 

 

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1Transition Services with a written notification that informs
2the parent or guardian or the Department's Office of Education
3and Transition Services that the IEP team is required to
4consider whether the child requires assistive technology in
5order to receive free, appropriate public education. The
6notification must also include a toll-free telephone number
7and internet address for the State's assistive technology
8program.
9    If the child is deaf, hard of hearing, blind, or visually
10impaired and he or she might be eligible to receive services
11from the Illinois School for the Deaf or the Illinois School
12for the Visually Impaired, the school district shall notify
13the parents, in writing, of the existence of these schools and
14the services they provide and shall make a reasonable effort
15to inform the parents of the existence of other, local schools
16that provide similar services and the services that these
17other schools provide. This notification shall include without
18limitation information on school services, school admissions
19criteria, and school contact information.
20    In the development of the individualized education program
21for a student who has a disability on the autism spectrum
22(which includes autistic disorder, Asperger's disorder,
23pervasive developmental disorder not otherwise specified,
24childhood disintegrative disorder, and Rett Syndrome, as
25defined in the Diagnostic and Statistical Manual of Mental
26Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall

 

 

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

 

 

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

 

 

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

 

 

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1such that education in the regular classes with the use of
2supplementary aids and services cannot be achieved
3satisfactorily. The placement of English learners with
4disabilities shall be in non-restrictive environments which
5provide for integration with peers who do not have
6disabilities in bilingual classrooms. Annually, each January,
7school 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

 

 

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

 

 

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

 

 

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

 

 

HB1746- 19 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 20 -LRB102 02735 CMG 12738 b

1    (l) (Blank).
2    (m) (Blank).
3    (n) (Blank).
4    (o) (Blank).
5(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
6100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
7    (105 ILCS 5/34-18.52)
8    Sec. 34-18.52. DCFS liaison.
9    (a) The board must may appoint at least one employee to act
10as a liaison to facilitate the enrollment and transfer of
11records of students in the legal custody of the Department of
12Children and Family Services when enrolling in or changing
13schools. The board may appoint any employee of the school
14district who is licensed under Article 21B of this Code to act
15as a liaison; however, employees who meet any of the following
16criteria must be prioritized for appointment:
17        (1) Employees who have worked with mobile student
18    populations or students in foster care.
19        (2) Employees who are familiar with enrollment, record
20    transfers, existing community services, and student
21    support services.
22        (3) Employees who serve as a high-level administrator.
23        (4) Employees who are counselors or have experience
24    with student counseling.
25        (5) Employees who are knowledgeable on child welfare

 

 

HB1746- 21 -LRB102 02735 CMG 12738 b

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

 

 

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1        (9) reviewing student schedules to ensure that
2    students are on track to graduate;
3        (10) encouraging a successful transition into
4    adulthood and post-secondary opportunities;
5        (11) encouraging involvement in extracurricular
6    activities; and
7        (12) knowing what support is available within the
8    school district and community for students in the legal
9    custody of the Department of Children and Family Services.
10    (c) The school district is required encouraged to
11designate a liaison by the beginning of the 2022-2023
122017-2018 school year.
13    (d) Individuals licensed under Article 21B of this Code
14acting as a liaison under this Section shall perform the
15duties of a liaison in addition to existing contractual
16obligations.
17(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
18    (105 ILCS 5/34-18.67 new)
19    Sec. 34-18.67. Parent-teacher conference and other
20meetings; caseworker. For any student who is in the legal
21custody of the Department of Children and Family Services, the
22liaison appointed under Section 34-18.52 must inform the
23Department's Office of Education and Transition Services of a
24parent-teacher conference or any other meeting concerning the
25student that would otherwise involve a parent and must, at the

 

 

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

 

 

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

 

 

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1Reporting Act and information contained in service logs
2maintained by a local education agency under subsection (d) of
3Section 14-8.02f of the School Code. In addition, the student
4temporary record shall include information regarding serious
5disciplinary infractions that resulted in expulsion,
6suspension, or the imposition of punishment or sanction. For
7purposes of this provision, serious disciplinary infractions
8means: infractions involving drugs, weapons, or bodily harm to
9another.
10    (g) "Parent" means a person who is the natural parent of
11the student or other person who has the primary responsibility
12for the care and upbringing of the student. All rights and
13privileges accorded to a parent under this Act shall become
14exclusively those of the student upon his 18th birthday,
15graduation from secondary school, marriage or entry into
16military service, whichever occurs first. Such rights and
17privileges may also be exercised by the student at any time
18with respect to the student's permanent school record.
19    (h) "Department" means the Department of Children and
20Family Services.
21(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
22    (105 ILCS 10/4)  (from Ch. 122, par. 50-4)
23    Sec. 4. (a) Each school shall designate an official
24records custodian who is responsible for the maintenance, care
25and security of all school student records, whether or not

 

 

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

 

 

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1responsibilities or his or her designate shall periodically
2review each student temporary record for verification of
3entries and elimination or correction of all inaccurate,
4misleading, unnecessary or irrelevant information. The State
5Board shall issue regulations to govern the periodic review of
6the student temporary records and length of time for
7maintenance of entries to such records.
8    (h) Before any school student record is destroyed or
9information deleted therefrom, the parent or the student, if
10the rights and privileges accorded to the parent under this
11Act have been transferred to the student, and, if the student
12is in the legal custody of the Department of Children and
13Family Services, the Department's Office of Education and
14Transition Services shall be given reasonable prior notice in
15accordance with rules adopted by the State Board and an
16opportunity to copy the record and information proposed to be
17destroyed or deleted. A school may provide reasonable prior
18notice under this subsection to a parent or student through
19(i) notice in the school's parent or student handbook, (ii)
20publication in a newspaper published in the school district
21or, if no newspaper is published in the school district, in a
22newspaper of general circulation within the school district,
23(iii) U.S. mail delivered to the last known address of the
24parent or student, or (iv) other means provided the notice is
25confirmed to have been received.
26    (i) No school shall be required to separate permanent and

 

 

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1temporary school student records of a student not enrolled in
2such school on or after the effective date of this Act or to
3destroy any such records, or comply with the provisions of
4paragraph (g) of this Section with respect to such records,
5except (1) in accordance with the request of the parent that
6any or all of such actions be taken in compliance with the
7provisions of this Act or (2) in accordance with regulations
8adopted by the State Board.
9(Source: P.A. 101-161, eff. 1-1-20.)
 
10    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
11    Sec. 5. (a) A parent or any person specifically designated
12as a representative by a parent and, if the child is in the
13legal custody of the Department of Children and Family
14Services, the Department's Office of Education and Transition
15Services shall have the right to inspect and copy all school
16student permanent and temporary records of that parent's
17child. A student shall have the right to inspect and copy his
18or her school student permanent record. No person who is
19prohibited by an order of protection from inspecting or
20obtaining school records of a student pursuant to the Illinois
21Domestic Violence Act of 1986, as now or hereafter amended,
22shall have any right of access to, or inspection of, the school
23records of that student. If a school's principal or person
24with like responsibilities or his designee has knowledge of
25such order of protection, the school shall prohibit access or

 

 

HB1746- 29 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 30 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 31 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 32 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 33 -LRB102 02735 CMG 12738 b

1        (2) to an employee or official of the school or school
2    district or State Board with current demonstrable
3    educational or administrative interest in the student, in
4    furtherance of such interest;
5        (3) to the official records custodian of another
6    school within Illinois or an official with similar
7    responsibilities of a school outside Illinois, in which
8    the student has enrolled, or intends to enroll, upon the
9    request of such official or student;
10        (4) to any person for the purpose of research,
11    statistical reporting, or planning, provided that such
12    research, statistical reporting, or planning is
13    permissible under and undertaken in accordance with the
14    federal Family Educational Rights and Privacy Act (20
15    U.S.C. 1232g);
16        (5) pursuant to a court order, provided that the
17    parent shall be given prompt written notice upon receipt
18    of such order of the terms of the order, the nature and
19    substance of the information proposed to be released in
20    compliance with such order and an opportunity to inspect
21    and copy the school student records and to challenge their
22    contents pursuant to Section 7;
23        (6) to any person as specifically required by State or
24    federal law;
25        (6.5) to juvenile authorities when necessary for the
26    discharge of their official duties who request information

 

 

HB1746- 34 -LRB102 02735 CMG 12738 b

1    prior to adjudication of the student and who certify in
2    writing that the information will not be disclosed to any
3    other party except as provided under law or order of
4    court. For purposes of this Section "juvenile authorities"
5    means: (i) a judge of the circuit court and members of the
6    staff of the court designated by the judge; (ii) parties
7    to the proceedings under the Juvenile Court Act of 1987
8    and their attorneys; (iii) probation officers and court
9    appointed advocates for the juvenile authorized by the
10    judge hearing the case; (iv) any individual, public or
11    private agency having custody of the child pursuant to
12    court order; (v) any individual, public or private agency
13    providing education, medical or mental health service to
14    the child when the requested information is needed to
15    determine the appropriate service or treatment for the
16    minor; (vi) any potential placement provider when such
17    release is authorized by the court for the limited purpose
18    of determining the appropriateness of the potential
19    placement; (vii) law enforcement officers and prosecutors;
20    (viii) adult and juvenile prisoner review boards; (ix)
21    authorized military personnel; (x) individuals authorized
22    by court;
23        (7) subject to regulations of the State Board, in
24    connection with an emergency, to appropriate persons if
25    the knowledge of such information is necessary to protect
26    the health or safety of the student or other persons;

 

 

HB1746- 35 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 36 -LRB102 02735 CMG 12738 b

1    Services in furtherance of the requirements of Section
2    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
3    Section 10 of the School Breakfast and Lunch Program Act;
4    or
5        (12) to the State Board or another State government
6    agency or between or among State government agencies in
7    order to evaluate or audit federal and State programs or
8    perform research and planning, but only to the extent that
9    the release, transfer, disclosure, or dissemination is
10    consistent with the federal Family Educational Rights and
11    Privacy Act (20 U.S.C. 1232g); or .
12        (13) if the student is in the legal custody of the
13    Department of Children and Family Services, to the
14    Department's Office of Education and Transition Services.
15    (b) No information may be released pursuant to
16subparagraph (3) or (6) of paragraph (a) of this Section 6
17unless the parent receives prior written notice of the nature
18and substance of the information proposed to be released, and
19an opportunity to inspect and copy such records in accordance
20with Section 5 and to challenge their contents in accordance
21with Section 7. Provided, however, that such notice shall be
22sufficient if published in a local newspaper of general
23circulation or other publication directed generally to the
24parents involved where the proposed release of information is
25pursuant to subparagraph (6) of paragraph (a) of this Section
266 and relates to more than 25 students.

 

 

HB1746- 37 -LRB102 02735 CMG 12738 b

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

 

 

HB1746- 38 -LRB102 02735 CMG 12738 b

1addresses and other identifying information and similar
2publications which comply with regulations issued by the State
3Board.
4(Source: P.A. 99-78, eff. 7-20-15.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62022.

 

 

HB1746- 39 -LRB102 02735 CMG 12738 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/10-20.59
4    105 ILCS 5/10-20.73 new
5    105 ILCS 5/10-21.8from Ch. 122, par. 10-21.8
6    105 ILCS 5/13B-60.10
7    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
8    105 ILCS 5/34-18.52
9    105 ILCS 5/34-18.67 new
10    105 ILCS 10/2from Ch. 122, par. 50-2
11    105 ILCS 10/4from Ch. 122, par. 50-4
12    105 ILCS 10/5from Ch. 122, par. 50-5
13    105 ILCS 10/6from Ch. 122, par. 50-6