Illinois General Assembly - Full Text of SB2434
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Full Text of SB2434  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Don Harmon


105 ILCS 10/6  from Ch. 122, par. 50-6

    Amends the Illinois School Student Records Act. Provides that school student records or information may be shared under an intergovernmental agreement, if the elementary school district and the high school district have attendance boundaries that overlap and are parties to an intergovernmental agreement that allows the sharing of student records and information between the districts. Requires the sharing of student information under an intergovernmental agreement to be voluntary, to apply only to students who have been enrolled in both districts or would be enrolled in both districts based on district attendance boundaries, and does not exceed the scope of information that is shared among schools in a unit school district. Allows the terms of an intergovernmental agreement to place further limitations on the information that is allowed to be shared. Effective immediately.

LRB102 12553 CMG 17891 b





SB2434LRB102 12553 CMG 17891 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 Illinois School Student Records Act is
5amended 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
8contained therein may be released, transferred, disclosed or
9otherwise 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;
17        (3) to the official records custodian of another
18    school within Illinois or an official with similar
19    responsibilities of a school outside Illinois, in which
20    the student has enrolled, or intends to enroll, upon the
21    request of such official or student;
22        (4) to any person for the purpose of research,
23    statistical reporting, or planning, provided that such



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1    research, statistical reporting, or planning is
2    permissible under and undertaken in accordance with the
3    federal Family Educational Rights and Privacy Act (20
4    U.S.C. 1232g);
5        (5) pursuant to a court order, provided that the
6    parent shall be given prompt written notice upon receipt
7    of such order of the terms of the order, the nature and
8    substance of the information proposed to be released in
9    compliance with such order and an opportunity to inspect
10    and copy the school student records and to challenge their
11    contents pursuant to Section 7;
12        (6) to any person as specifically required by State or
13    federal law;
14        (6.5) to juvenile authorities when necessary for the
15    discharge of their official duties who request information
16    prior to adjudication of the student and who certify in
17    writing that the information will not be disclosed to any
18    other party except as provided under law or order of
19    court. For purposes of this Section "juvenile authorities"
20    means: (i) a judge of the circuit court and members of the
21    staff of the court designated by the judge; (ii) parties
22    to the proceedings under the Juvenile Court Act of 1987
23    and their attorneys; (iii) probation officers and court
24    appointed advocates for the juvenile authorized by the
25    judge hearing the case; (iv) any individual, public or
26    private agency having custody of the child pursuant to



SB2434- 3 -LRB102 12553 CMG 17891 b

1    court order; (v) any individual, public or private agency
2    providing education, medical or mental health service to
3    the child when the requested information is needed to
4    determine the appropriate service or treatment for the
5    minor; (vi) any potential placement provider when such
6    release is authorized by the court for the limited purpose
7    of determining the appropriateness of the potential
8    placement; (vii) law enforcement officers and prosecutors;
9    (viii) adult and juvenile prisoner review boards; (ix)
10    authorized military personnel; (x) individuals authorized
11    by court;
12        (7) subject to regulations of the State Board, in
13    connection with an emergency, to appropriate persons if
14    the knowledge of such information is necessary to protect
15    the health or safety of the student or other persons;
16        (8) to any person, with the prior specific dated
17    written consent of the parent designating the person to
18    whom the records may be released, provided that at the
19    time any such consent is requested or obtained, the parent
20    shall be advised in writing that he has the right to
21    inspect and copy such records in accordance with Section
22    5, to challenge their contents in accordance with Section
23    7 and to limit any such consent to designated records or
24    designated portions of the information contained therein;
25        (9) to a governmental agency, or social service agency
26    contracted by a governmental agency, in furtherance of an



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1    investigation of a student's school attendance pursuant to
2    the compulsory student attendance laws of this State,
3    provided that the records are released to the employee or
4    agent designated by the agency;
5        (10) to those SHOCAP committee members who fall within
6    the meaning of "state and local officials and
7    authorities", as those terms are used within the meaning
8    of the federal Family Educational Rights and Privacy Act,
9    for the purposes of identifying serious habitual juvenile
10    offenders and matching those offenders with community
11    resources pursuant to Section 5-145 of the Juvenile Court
12    Act of 1987, but only to the extent that the release,
13    transfer, disclosure, or dissemination is consistent with
14    the Family Educational Rights and Privacy Act;
15        (11) to the Department of Healthcare and Family
16    Services in furtherance of the requirements of Section
17    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
18    Section 10 of the School Breakfast and Lunch Program Act;
19    or
20        (12) to the State Board or another State government
21    agency or between or among State government agencies in
22    order to evaluate or audit federal and State programs or
23    perform research and planning, but only to the extent that
24    the release, transfer, disclosure, or dissemination is
25    consistent with the federal Family Educational Rights and
26    Privacy Act (20 U.S.C. 1232g).



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1        (13) Under an intergovernmental agreement if an
2    elementary school district and a high school district have
3    attendance boundaries that overlap and are parties to an
4    intergovernmental agreement that allows the sharing of
5    student records and information between the districts.
6    However, the sharing of student information is allowed
7    under an intergovernmental agreement only if the
8    intergovernmental agreement meets all of the following
9    requirements:
10            (A) The sharing of student information must be
11        voluntary and at the discretion of each school
12        district that is a party to the agreement.
13            (B) The sharing of student information applies
14        only to students who have been enrolled in both
15        districts or would be enrolled in both districts based
16        on district attendance boundaries.
17            (C) The sharing of student information does not
18        exceed the scope of information that is shared among
19        schools in a unit school district. However, the terms
20        of an intergovernmental agreement may place further
21        limitations on the information that is allowed to be
22        shared.
23    (b) No information may be released pursuant to
24subparagraph (3) or (6) of paragraph (a) of this Section 6
25unless the parent receives prior written notice of the nature
26and substance of the information proposed to be released, and



SB2434- 6 -LRB102 12553 CMG 17891 b

1an opportunity to inspect and copy such records in accordance
2with Section 5 and to challenge their contents in accordance
3with Section 7. Provided, however, that such notice shall be
4sufficient if published in a local newspaper of general
5circulation or other publication directed generally to the
6parents involved where the proposed release of information is
7pursuant to subparagraph (6) of paragraph (a) of this Section
86 and relates to more than 25 students.
9    (c) A record of any release of information pursuant to
10this Section must be made and kept as a part of the school
11student record and subject to the access granted by Section 5.
12Such record of release shall be maintained for the life of the
13school student records and shall be available only to the
14parent and the official records custodian. Each record of
15release shall also include:
16        (1) the nature and substance of the information
17    released;
18        (2) the name and signature of the official records
19    custodian releasing such information;
20        (3) the name of the person requesting such
21    information, the capacity in which such a request has been
22    made, and the purpose of such request;
23        (4) the date of the release; and
24        (5) a copy of any consent to such release.
25    (d) Except for the student and his parents, no person to
26whom information is released pursuant to this Section and no



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1person specifically designated as a representative by a parent
2may permit any other person to have access to such information
3without a prior consent of the parent obtained in accordance
4with the requirements of subparagraph (8) of paragraph (a) of
5this Section.
6    (e) Nothing contained in this Act shall prohibit the
7publication of student directories which list student names,
8addresses and other identifying information and similar
9publications which comply with regulations issued by the State
11(Source: P.A. 99-78, eff. 7-20-15.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.