HB2827ham001 104TH GENERAL ASSEMBLY

Rep. Terra Costa Howard

Filed: 3/13/2025

10400HB2827ham001 LRB104 10155 LNS 23397 a

AMENDMENT TO HOUSE BILL 2827

AMENDMENT NO. ______. Amend House Bill 2827 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Homeschool Act.

Section 5. Application. Nothing in this Act applies to non-home-based, nonpublic schools, including, but not limited to, those that are registered or recognized under Section 2-3.25o of the School Code.

Section 10. Findings. The General Assembly makes all of the following findings:

(1) There are a number of children participating in homeschool programs in this State, and homeschooling is currently the fastest growing form of education in the United States. The true number of homeschooled children is likely to remain unknown without adequate notification and oversight.

(2) The laws of this State do not adequately protect homeschooled children in situations when notification of the type of schooling of the child would help reduce vulnerabilities to abuse and neglect.

(3) The notification of and requirements for homeschooling are in the best interests of children to receive a safe and sufficient education.

(4) Public schools are encouraged to the best of their ability to offer their programming to homeschooled students and families and to have open communication with homeschool families.

Section 15. Definitions. As used in this Act:

"Educational portfolio" means a set of records and materials that document a child's educational progress during the preceding school year and includes, but is not limited to:

(1) a log, which designates by title the curricular materials used;

(2) samples of any writings, worksheets, workbooks, or creative materials used or developed by the child; and

(3) the homeschool administrator's individualized assessment of the child's academic progress in each subject area of instruction.

"Homeschool administrator" means the parent or guardian of a child, another member of the household of a child, or anyone who may exercise legal custody over a child, as defined in Section 10-20.12b of the School Code, who is responsible for the provision of a homeschool program.

"Homeschool Declaration Form" means a template form created by the State Board of Education to be used by a homeschool administrator to verify that the child is enrolled in a homeschool program.

"Homeschool program" means a nonpublic school consisting of the children of not more than one household, where a homeschool administrator is responsible for providing a course of instruction sufficient to satisfy the education requirements set forth in Section 26-1 of the School Code.

Section 20. Homeschool Declaration Form; homeschool administrators.

(a) The State Board of Education shall create a Homeschool Declaration Form to be used by a homeschool administrator to submit information indicating that a child is enrolled in a homeschool program to the principal of the public school that the homeschooled child would otherwise attend or to the school district that the homeschooled child would otherwise attend. The public school or the school district shall transmit the Homeschool Declaration Form to the school district's regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent. The regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent shall store the information for children enrolled in a homeschool program in its area.

The Homeschool Declaration Form shall include, but not be limited to: the name, birth date, grade level, and home address of the child; the name, birth date, contact information, and home address of the homeschool administrator; and assurance that the homeschool administrator has received a high school diploma or its recognized equivalent.

The State Board of Education shall create the template of the Homeschool Declaration Form no later than June 1, 2026. The template of the Homeschool Declaration Form must be publicly displayed and accessible on the State Board of Education's website no later than July 1, 2026.

(b) Beginning August 1, 2026, a homeschool administrator must submit a Homeschool Declaration Form to the principal of the public school that the homeschooled child would otherwise attend or to the school district that the homeschooled child would otherwise attend. The Homeschool Declaration Form shall be resubmitted by August 1 of each year that the homeschool administrator intends to provide a homeschool program. The principal or school district must transmit all received Homeschool Declaration Forms to the school district's regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent by September 1 of each year. All received Homeschool Declaration Forms shall be stored by the regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent. The regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent shall store the information for children enrolled in a homeschool program in its area. A Homeschool Declaration Form shall be submitted by a homeschool administrator:

(1) by August 1 of each school year a child will receive instruction through a homeschool program, starting for the school year in which the child will turn age 6;

(2) within 10 business days after a parent or guardian withdraws a child from public school after age 6 to enroll the child in a homeschool program; or

(3) within 10 business days after moving within the boundaries of a new school district.

If a Homeschool Declaration Form is submitted to the incorrect principal or school district, based on the home address provided on the form, the principal or school district shall inform the homeschool administrator of the principal or school district to which the Homeschool Declaration Form must be submitted. It is then the homeschool administrator's responsibility to submit the form to that principal or school district.

(c) A school district, regional office of education, or intermediate service center may receive the required information under this Section through an electronic or web-based format, but must not require the electronic or web-based submission of information under this Section from the homeschool administrator under this subsection (c).

A school district, other than a school district organized under Article 34 of the School Code, is not required to maintain a record of the required information under this Section after it has been transmitted to the school district's regional office of education or intermediate service center but may choose to retain this information in order to offer homeschooled children in the school district access to school programming, including, but not limited to, dental, vision, and hearing screenings, school newsletters, parent education programs, and field trips. A regional office of education or intermediate service center or a school district organized under Article 34 of the School Code shall maintain a record of the required information under this Section for no less than 5 years.

(d) Any personally identifying information of a child, parent, guardian, or educator on a Homeschool Declaration Form is confidential and exempt from the Freedom of Information Act and the Illinois School Student Records Act. Homeschool Declaration Forms submitted under this Section are not subject to disclosure under the Freedom of Information Act.

(e) The State Board of Education shall maintain resources for all homeschool administrators. The resources shall include, but shall not be limited to, instructions on how to fill out the Homeschool Declaration Form, how to submit the Homeschool Declaration Form to a principal or to a school district, and how to locate and contact a regional office of education or intermediate service center. The resources shall be publicly displayed on the State Board of Education's website no later than July 1, 2026.

(f) A copy of a homeschool administrator's proof of high school graduation or its recognized equivalent shall be made available upon request by a regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools based on questions of truancy or whether an adequate education is occurring.

Section 25. Failure to submit; truancy; educational portfolio.

(a) If the homeschool administrator for a child enrolled in a homeschool program has not submitted to the principal of the applicable public school or to the applicable school district a Homeschool Declaration Form pursuant to Section 20, the child shall be considered truant under Section 26-1 of the School Code and the homeschool administrator for the child shall be subject to the penalties set forth in Sections 26-10 and 26-11 of the School Code.

(b) A truant officer, regional office of education, or intermediate service center must send the notice required under Section 26-7 of the School Code to a homeschool administrator if the truant officer, regional office of education, or intermediate service center has knowledge that the homeschool administrator is operating a homeschool program and has not notified a public school through the submission of a Homeschool Declaration Form. This notice must include instructions on how the homeschool administrator can fill out the Homeschool Declaration Form for the homeschool administrator's homeschool program.

A regional office of education or intermediate service center is empowered to conduct truancy hearings and proceedings under Section 26-8 of the School Code for any homeschool administrator who fails to complete and submit the Homeschool Declaration Form for the homeschool administrator's homeschool program after being provided 3 required notices within 10 business days.

For each contact made with a homeschool administrator under this subsection (b), a copy of the Homeschool Declaration Form and instructions on how to submit it must be provided.

(c) A regional office of education or intermediate service center or school district organized under Article 34 of the School Code may request that a homeschool administrator provide an educational portfolio as evidence that the homeschool administrator's homeschool program provides a course of instruction that is sufficient to satisfy the education requirements set forth in Sections 26-1 and 27-1 of the School Code and that is at least commensurate with the standards prescribed for public schools.

(d) A child enrolled in a homeschool program for whom an annual Homeschool Declaration Form has been submitted by the homeschool administrator and, if requested, an educational portfolio has been provided as evidence of an adequate education under subsection (c) is not considered truant and is exempt from attending public school under paragraph 9 of Section 26-1 of the School Code.

Section 30. Health examination and immunization reporting. Beginning with the 2026-2027 school year, if a child in a homeschool program seeks to enroll part time in a public school or participate in any public school activities taking place on or off of school grounds, the homeschool administrator must submit proof to the school district where the homeschool program is located that the child has received all immunizations and health examinations required under Section 27-8.1 of the School Code and the rules adopted by the Department of Public Health under Section 27.8-1 of the School Code or a signed Certificate of Religious Exemption under Section 27-8.1 of the School Code.

Only if a child in a homeschool program seeks to enroll part time in a public school or participate in any regularly occurring, public-school-sponsored, public-school activities taking place on or off school grounds shall the parent or guardian of the child submit proof of the child's immunizations and health examinations or a signed Certificate of Religious Exemption to the principal of the public school that the child would otherwise attend by October 15 of the current school year or by an earlier date during the current school year established by the school district.

Section 35. Requirements for homeschool programs.

(a) A homeschool administrator must have, at a minimum, a high school diploma or its recognized equivalent. If a regional office of education or intermediate service center or a school district organized under Article 34 of the School Code has concerns about truancy or whether the homeschool administrator is providing an adequate education, the designated truancy officer may request proof of the homeschool administrator's high school diploma or its recognized equivalent. If there is a truancy hearing under Section 26-8 of the School Code, the homeschool administrator shall provide proof of the homeschool administrator's high school diploma or its recognized equivalent or any degree obtained from an institution of higher education.

(b) A child enrolled in a homeschool program shall receive instruction in language arts, mathematics, biological, physical, and social sciences, fine arts, and physical development and health as provided in Section 27-1 of the School Code.

(c) No individual may administer a child's homeschool program or provide direct instruction to a child in a homeschool program if the individual has been convicted of any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012.

Section 40. Department of Children and Family Services; investigation.

(a) The Department of Children and Family Services shall alert the relevant regional office of education or intermediate service center or a school district organized under Article 34 of this Code if a child whom the Department has had contact with is being homeschooled. The Department shall provide the child's name, home address, and contact information to the regional office of education, intermediate service center, or school district. The regional office of education, intermediate service center, or school district has the power to conduct an investigation to see if a Homeschool Declaration Form under Section 20 has been submitted for the child and any other investigations as needed.

(b) Nothing in this Act supersedes the Department of Children and Family Services Guardianship Administrator's authority to approve or deny whether a youth under the custody or guardianship of the Department of Children and Family Services Guardianship Administrator may participate in a homeschool program. Consent must be obtained from the Department of Children and Family Services Guardianship Administrator prior to the Homeschool Declaration Form being submitted under subsection (b) of Section 20 for all youth under the custody or guardianship of the Department of Children and Family Services Guardianship Administrator.

Section 900. Reports.

(a) On or before July 31, 2027 and on or before July 31 of every year thereafter, every regional office of education and intermediate service center and a school district organized under Article 34 of the School Code must make an annual report to the State Superintendent of Education containing data on homeschooling. The report shall include the total count of students receiving homeschooling that reside within each school district's boundaries for that regional office of education or intermediate service center and the total count of students receiving homeschooling that reside within the boundaries of a school district organized under Article 34 of the School Code. The report shall also break down by grade level and gender the number of students being homeschooled within each school district's boundaries for that regional office of education or intermediate service center or within a school district organized under Article 34 of the School Code.

(b) On or before February 1, 2028 and on or before February 1 of every year thereafter, the State Board of Education shall create a report consisting of the data reported under subsection (a) and submit the report to the General Assembly. The report shall also outline the total count of students receiving homeschooling in each regional office of education, intermediate service center, and school district.

Section 905. Rules. The State Board of Education may adopt any rules necessary to implement and administer this Act.

Section 910. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmitted infection or any information the disclosure of which is restricted under the Illinois Sexually Transmitted Infection Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Materials received by the Department of Commerce and Economic Opportunity that are confidential under the Music and Musicians Tax Credit and Jobs Act.

(ooo) (nnn) Data or information provided pursuant to Section 20 of the Statewide Recycling Needs and Assessment Act.

(ppp) (nnn) Information that is exempt from disclosure under Section 28-11 of the Lawful Health Care Activity Act.

(qqq) (nnn) Information that is exempt from disclosure under Section 7-101 of the Illinois Human Rights Act.

(rrr) (mmm) Information prohibited from being disclosed under Section 4-2 of the Uniform Money Transmission Modernization Act.

(sss) (nnn) Information exempt from disclosure under Section 40 of the Student-Athlete Endorsement Rights Act.

(ttt) Information and records held by the State Board of Education, a regional office of education, an intermediate service center, or any school district containing confidential information about a student, parent, or guardian under the Homeschool Act.

(uuu) Information and records held by the State Board of Education containing confidential information about a student, parent, or guardian under Section 2-3.25o of the School Code.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; revised 11-26-24.)

Section 915. The School Code is amended by changing Sections 2-3.25o, 26-1, 26-3a, 26-7, and 26-16 as follows:

(105 ILCS 5/2-3.25o)

Sec. 2-3.25o. Registration and recognition of non-public elementary and secondary schools.

(a) Findings. The General Assembly finds and declares (i) that the Constitution of the State of Illinois provides that a "fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities" and (ii) that the educational development of every school student serves the public purposes of the State. In order to ensure that all Illinois students and teachers have the opportunity to enroll and work in State-approved educational institutions and programs, the State Board of Education shall provide for the voluntary registration and recognition of non-public elementary and secondary schools.

(b) Registration. All non-public elementary and secondary schools in the State of Illinois may voluntarily register with the State Board of Education on an annual basis. However, beginning on August 1, 2026, all non-public elementary and secondary schools in the State of Illinois shall register with the State Board of Education on an annual basis. Registration shall be completed in conformance with procedures prescribed by the State Board of Education. Information required for registration shall include assurances of compliance (i) with federal and State laws regarding health examination and immunization, attendance, length of term, and nondiscrimination, including assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists, and (ii) with applicable fire and health safety requirements, (iii) with the requirement that all individuals in the school assigned to a teaching or administrative position hold, at a minimum, a high school diploma or its recognized equivalent, and (iv) with the requirement to maintain in its own records a list of every attending student's name, date of birth, grade level, and home address and the name and home address of at least one parent or guardian of each attending student. A non-public elementary or secondary school shall provide this information to the State Board of Education and the regional office of education or intermediate service center for the school district where the non-public school is located, if applicable, or to the school board if the non-public school is located in a school district organized under Article 34 of this Code, upon request. Any personally identifying information of a student, parent, or guardian that any school or school district sends to the State Board of Education is confidential and exempt from disclosure according to the Freedom of Information Act and the Illinois School Student Records Act.

(c) Recognition. All non-public elementary and secondary schools in the State of Illinois may voluntarily seek the status of "Non-public School Recognition" from the State Board of Education. This status may be obtained by compliance with administrative guidelines and review procedures as prescribed by the State Board of Education. The guidelines and procedures must recognize that some of the aims and the financial bases of non-public schools are different from public schools and will not be identical to those for public schools, nor will they be more burdensome. The guidelines and procedures must also recognize the diversity of non-public schools and shall not impinge upon the noneducational relationships between those schools and their clientele.

(c-5) Prohibition against recognition. A non-public elementary or secondary school may not obtain "Non-public School Recognition" status unless the school requires all certified and non-certified applicants for employment with the school, after July 1, 2007, to authorize a fingerprint-based criminal history records check as a condition of employment to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses set forth in Section 21B-80 of this Code or have been convicted, within 7 years of the application for employment, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the applicant to the school, except that if the applicant is a substitute teacher seeking employment in more than one non-public school, a teacher seeking concurrent part-time employment positions with more than one non-public school (as a reading specialist, special education teacher, or otherwise), or an educational support personnel employee seeking employment positions with more than one non-public school, then only one of the non-public schools employing the individual shall request the authorization. Upon receipt of this authorization, the non-public school shall submit the applicant's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police.

The Illinois State Police and Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereafter, until expunged, to the president or principal of the non-public school that requested the check. The Illinois State Police shall charge that school a fee for conducting such check, which fee must be deposited into the State Police Services Fund and must not exceed the cost of the inquiry. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse non-public schools for fees paid to obtain criminal history records checks under this Section.

A non-public school may not obtain recognition status unless the school also performs a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each applicant for employment, after July 1, 2007, to determine whether the applicant has been adjudicated of a sex offense or of a murder or other violent crime against youth. The checks of the Statewide Sex Offender Database and the Statewide Murderer and Violent Offender Against Youth Database must be conducted by the non-public school once for every 5 years that an applicant remains employed by the non-public school.

Any information concerning the record of convictions obtained by a non-public school's president or principal under this Section is confidential and may be disseminated only to the governing body of the non-public school or any other person necessary to the decision of hiring the applicant for employment. A copy of the record of convictions obtained from the Illinois State Police shall be provided to the applicant for employment. Upon a check of the Statewide Sex Offender Database, the non-public school shall notify the applicant as to whether or not the applicant has been identified in the Sex Offender Database as a sex offender. Any information concerning the records of conviction obtained by the non-public school's president or principal under this Section for a substitute teacher seeking employment in more than one non-public school, a teacher seeking concurrent part-time employment positions with more than one non-public school (as a reading specialist, special education teacher, or otherwise), or an educational support personnel employee seeking employment positions with more than one non-public school may be shared with another non-public school's principal or president to which the applicant seeks employment. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act.

No non-public school may obtain recognition status that knowingly employs a person, hired after July 1, 2007, for whom an Illinois State Police and Federal Bureau of Investigation fingerprint-based criminal history records check and a Statewide Sex Offender Database check has not been initiated or who has been convicted of any offense enumerated in Section 21B-80 of this Code or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses. No non-public school may obtain recognition status under this Section that knowingly employs a person who has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

In order to obtain recognition status under this Section, a non-public school must require compliance with the provisions of this subsection (c-5) from all employees of persons or firms holding contracts with the school, including, but not limited to, food service workers, school bus drivers, and other transportation employees, who have direct, daily contact with pupils. Any information concerning the records of conviction or identification as a sex offender of any such employee obtained by the non-public school principal or president must be promptly reported to the school's governing body.

Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in any non-public elementary or secondary school that has obtained or seeks to obtain recognition status under this Section, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the chief administrative officer of the non-public school where the student teaching is to be completed. Upon receipt of this authorization and payment, the chief administrative officer of the non-public school shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the chief administrative officer of the non-public school that requested the check. The Illinois State Police shall charge the school a fee for conducting the check, which fee must be passed on to the student teacher, must not exceed the cost of the inquiry, and must be deposited into the State Police Services Fund. The school shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. No school that has obtained or seeks to obtain recognition status under this Section may knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the chief administrative officer of the non-public school.

A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the chief administrative officer of the non-public school is confidential and may be transmitted only to the chief administrative officer of the non-public school or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act.

No school that has obtained or seeks to obtain recognition status under this Section may knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code or who has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

Any school that has obtained or seeks to obtain recognition status under this Section may not prohibit hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists.

(d) Public purposes. The provisions of this Section are in the public interest, for the public benefit, and serve secular public purposes.

(e) Definition. For purposes of this Section, a non-public school means (i) any non-profit, non-home-based, and non-public elementary or secondary school that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of Section 26-1 of this Code or (ii) any non-public elementary or secondary school that does not meet the definition of a homeschool program under the Homeschool Act.

(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff. 7-1-24.)

(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17 years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B; provided, that the following children shall not be required to attend the public schools:

1. Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language;

2. Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends, with absence for cause by illness being required to include the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence and, after the second mental health day used, may be referred to the appropriate school support personnel; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician;

3. Any child necessarily and lawfully employed according to the provisions of the Child Labor Law of 2024 may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part-time continuation schools, children so excused shall attend such schools at least 8 hours each week;

4. Any child over 12 and under 14 years of age while in attendance at confirmation classes;

5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or at a particular time of day because of religious reasons, including the observance of a religious holiday or participation in religious instruction, or because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. A school board may require the parent or guardian of a child who is to be excused from attending school because of religious reasons to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school. A district superintendent shall develop and distribute to schools appropriate procedures regarding a student's absence for religious reasons, how schools are notified of a student's impending absence for religious reasons, and the requirements of Section 26-2b of this Code;

6. Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article 13B of this Code;

7. A child in any of grades 6 through 12 absent from a public school on a particular day or days or at a particular time of day for the purpose of sounding "Taps" at a military honors funeral held in this State for a deceased veteran. In order to be excused under this paragraph 7, the student shall notify the school's administration at least 2 days prior to the date of the absence and shall provide the school's administration with the date, time, and location of the military honors funeral. The school's administration may waive this 2-day notification requirement if the student did not receive at least 2 days advance notice, but the student shall notify the school's administration as soon as possible of the absence. A student whose absence is excused under this paragraph 7 shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this paragraph 7 must be allowed a reasonable time to make up school work missed during the absence. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance and he or she may not be penalized for that absence; and

8. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings. Such a student shall be granted 5 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this paragraph 8, the student and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence; and .

9. Any child attending a homeschool program as defined in the Homeschool Act, provided that the homeschool administrator, as defined in the Homeschool Act, meets the requirements of the Homeschool Act.

Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator.

(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23; 103-721, eff. 1-1-25.)

(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)

Sec. 26-3a. Report of pupils no longer enrolled in school.

The clerk or secretary of the school board of all school districts shall furnish quarterly on the first school day of October, January, April and July to the regional superintendent and to the Secretary of State a list of pupils, excluding transferees, who have been expelled or have withdrawn or who have left school and have been removed from the regular attendance rolls during the period of time school was in regular session from the time of the previous quarterly report. Such list shall include the names and addresses of pupils formerly in attendance, the names and addresses of persons having custody or control of such pupils, the reason, if known, such pupils are no longer in attendance and the date of removal from the attendance rolls. The list shall also include the names of: pupils whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by the criteria established by the school district; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant, as defined in Section 26-2a; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. The regional superintendent shall inform the county or district truant officer who shall investigate to see that such pupils are in compliance with the requirements of this Article.

Each local school district shall establish, in writing, a set of criteria for use by the local superintendent of schools in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including but not limited to economic or medical necessity or family hardship.

If a pupil re-enrolls in school after his or her name was removed from the attendance rolls or resumes regular attendance after being certified a chronic or habitual truant, the pupil must obtain and forward to the Secretary of State, on a form designated by the Secretary of State, verification of his or her re-enrollment. The verification may be in the form of a signature or seal or in any other form determined by the school board.

The State Board of Education shall, if possible, make available to any person, upon request, a comparison of drop out rates before and after the effective date of this amendatory Act of the 94th General Assembly.

(Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.)

(105 ILCS 5/26-7) (from Ch. 122, par. 26-7)

Sec. 26-7. Notice to custodian-Notice of non-compliance. If any person fails to send any child under his custody or control to some lawful school, the truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall, as soon as practicable after he is notified thereof, give notice in person or by mail to such person that such child shall be present at the proper public school on the day following the receipt of such notice. The notice shall state the date that attendance at school must begin and that such attendance must be continuous and consecutive in the district during the remainder of the school year. The truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall at the same time that such notice is given notify the teacher or superintendent of the proper public school thereof and the teacher or superintendent shall notify the truant officer or regional superintendent of schools of any non-compliance therewith.

Beginning August 1, 2026, "lawful school", as used in this Section, means a registered school under Section 2-3.25o of this Code and includes a homeschool program if the State Board of Education has been notified under the Homeschool Act.

(Source: P.A. 93-858, eff. 1-1-05.)

(105 ILCS 5/26-16)

Sec. 26-16. Graduation incentives program.

(a) The General Assembly finds that it is critical to provide options for children to succeed in school. The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs.

(b) Any student who is below the age of 20 years is eligible to enroll in a graduation incentives program if he or she:

(1) is considered a dropout pursuant to Section 26-2a of this Code;

(2) has been suspended or expelled pursuant to Section 10-22.6 or 34-19 of this Code;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent; or

(5) is enrolled in a bilingual education or LEP program; or .

(6) was formerly enrolled in a homeschool program with less academic rigor than such graduate incentives program.

(c) The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section:

(1) Any public elementary or secondary education graduation incentives program established by a school district or by a regional office of education.

(2) Any alternative learning opportunities program established pursuant to Article 13B of this Code.

(3) Vocational or job training courses approved by the State Superintendent of Education that are available through the Illinois public community college system. Students may apply for reimbursement of 50% of tuition costs for one course per semester or a maximum of 3 courses per school year. Subject to available funds, students may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a vocational or job training program. The qualifications for reimbursement shall be established by the State Superintendent of Education by rule.

(4) Job and career programs approved by the State Superintendent of Education that are available through Illinois-accredited private business and vocational schools. Subject to available funds, pupils may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a job or career program. The State Superintendent of Education shall establish, by rule, the qualifications for reimbursement, criteria for determining reimbursement amounts, and limits on reimbursement.

(5) Adult education courses that offer preparation for high school equivalency testing.

(d) Graduation incentives programs established by school districts are entitled to claim general State aid and evidence-based funding, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid and evidence-based funding at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.

(Source: P.A. 100-465, eff. 8-31-17.)

Section 920. The Illinois School Student Records Act is amended by changing Sections 2, 3, and 6 and by adding Section 8.5 as follows:

(105 ILCS 10/2) (from Ch. 122, par. 50-2)

(Text of Section before amendment by P.A. 102-466)

Sec. 2. As used in this Act:

(a) "Student" means any person enrolled or previously enrolled in a school.

(b) "School" means any public preschool, day care center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from more than one school, but does not include a private or non-public school.

(c) "State Board" means the State Board of Education.

(d) "School Student Record" means any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. The following shall not be deemed school student records under this Act: writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use; provided that all such writings and other recorded information are destroyed not later than the student's graduation or permanent withdrawal from the school; and provided further that no such records or recorded information may be released or disclosed to any person except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act. School student records shall not include information maintained by law enforcement professionals working in the school.

(e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such information may include the student's name, birth date, address, grades and grade level, parents' names and addresses, attendance records, and such other entries as the State Board may require or authorize. "Student Permanent Record" does not include a Homeschool Declaration Form or any record that a homeschool administrator submits to a school district for proof of a homeschooled student's immunization and health examination as required by Section 27-8.1 of the School Code.

(f) "Student Temporary Record" means all information contained in a school student record but not contained in the student permanent record. Such information may include family background information, intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of the student, all subject to regulations of the State Board. The information shall include information provided under Section 8.6 of the Abused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code. In addition, the student temporary record shall include information regarding serious disciplinary infractions that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another. "Student Temporary Record" does not include a Homeschool Declaration Form or any record that a homeschool administrator submits to a school district for proof of a homeschooled student's immunization and health examination as required by Section 27-8.1 of the School Code.

(g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsibility for the care and upbringing of the student. All rights and privileges accorded to a parent under this Act shall become exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any time with respect to the student's permanent school record.

(h) "Department" means the Department of Children and Family Services.

(i) "Homeschool administrator" and "Homeschool Declaration Form" have the meanings given to those terms in the Homeschool Act.

(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

(Text of Section after amendment by P.A. 102-466)

Sec. 2. As used in this Act:

(a) "Student" means any person enrolled or previously enrolled in a school.

(b) "School" means any public preschool, day care center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from more than one school, but does not include a private or non-public school.

(c) "State Board" means the State Board of Education.

(d) "School Student Record" means any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. The following shall not be deemed school student records under this Act: writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use; provided that all such writings and other recorded information are destroyed not later than the student's graduation or permanent withdrawal from the school; and provided further that no such records or recorded information may be released or disclosed to any person except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act. School student records shall not include information maintained by law enforcement professionals working in the school.

(e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such information may include the student's name, birth date, address, grades and grade level, parents' names and addresses, attendance records, and such other entries as the State Board may require or authorize. "Student Permanent Record" does not include a Homeschool Declaration Form or any record that a homeschool administrator submits to a school district for proof of a homeschooled student's immunization and health examination as required by Section 27-8.1 of the School Code.

(f) "Student Temporary Record" means all information contained in a school student record but not contained in the student permanent record. Such information may include family background information, intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of the student, all subject to regulations of the State Board. The information shall include all of the following:

(1) Information provided under Section 8.6 of the Abused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code.

(2) Information regarding serious disciplinary infractions that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another.

(3) Information concerning a student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A of the School Code, including a statement of the student or any other documentation, record, or corroborating evidence and the fact that the student has requested or obtained assistance, support, or services related to that status. Enforcement of this paragraph (3) shall follow the procedures provided in Section 26A-40 of the School Code. "Student Temporary Record" does not include a Homeschool Declaration Form or any record that a homeschool administrator submits to a school district for proof of a homeschooled student's immunization and health examination as required by Section 27-8.1 of the School Code.

(g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsibility for the care and upbringing of the student. All rights and privileges accorded to a parent under this Act shall become exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any time with respect to the student's permanent school record.

(h) "Department" means the Department of Children and Family Services.

(i) "Homeschool administrator" and "Homeschool Declaration Form" have the meanings given to those terms in the Homeschool Act.

(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

(105 ILCS 10/3) (from Ch. 122, par. 50-3)

Sec. 3. (a) The State Board shall issue regulations to govern the contents of school student records, to implement and assure compliance with the provisions of this Act and to prescribe appropriate procedures and forms for all administrative proceedings, notices and consents required or permitted under this Act. All such regulations and any rules and regulations adopted by any school relating to the maintenance of, access to, dissemination of or challenge to school student records shall be available to the general public. Any information exempt from this Act under subsection (d) of Section 20 of the Homeschool Act is prohibited from being included in school student records.

(b) The State Board, each local school board or other governing body and each school shall take reasonable measures to assure that all persons accorded rights or obligations under this Act are informed of such rights and obligations.

(c) The principal of each school or the person with like responsibilities or his or her designate shall take all action necessary to assure that school personnel are informed of the provisions of this Act.

(Source: P.A. 79-1108.)

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

Sec. 6. (a) No school student records or information contained therein may be released, transferred, disclosed or otherwise disseminated, except as follows:

(1) to a parent or student or person specifically designated as a representative by a parent, as provided in paragraph (a) of Section 5;

(2) to an employee or official of the school or school district or State Board with current demonstrable educational or administrative interest in the student, in furtherance of such interest;

(3) to the official records custodian of another school within Illinois or an official with similar responsibilities of a school outside Illinois, in which the student has enrolled, or intends to enroll, upon the request of such official or student;

(4) to any person for the purpose of research, statistical reporting, or planning, provided that such research, statistical reporting, or planning is permissible under and undertaken in accordance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);

(5) pursuant to a court order, provided that the parent shall be given prompt written notice upon receipt of such order of the terms of the order, the nature and substance of the information proposed to be released in compliance with such order and an opportunity to inspect and copy the school student records and to challenge their contents pursuant to Section 7;

(6) to any person as specifically required by State or federal law;

(6.5) to juvenile authorities when necessary for the discharge of their official duties who request information prior to adjudication of the student and who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court. For purposes of this Section "juvenile authorities" means: (i) a judge of the circuit court and members of the staff of the court designated by the judge; (ii) parties to the proceedings under the Juvenile Court Act of 1987 and their attorneys; (iii) probation officers and court appointed advocates for the juvenile authorized by the judge hearing the case; (iv) any individual, public or private agency having custody of the child pursuant to court order; (v) any individual, public or private agency providing education, medical or mental health service to the child when the requested information is needed to determine the appropriate service or treatment for the minor; (vi) any potential placement provider when such release is authorized by the court for the limited purpose of determining the appropriateness of the potential placement; (vii) law enforcement officers and prosecutors; (viii) adult and juvenile prisoner review boards; (ix) authorized military personnel; (x) individuals authorized by court;

(7) subject to regulations of the State Board, in connection with an emergency, to appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons;

(8) to any person, with the prior specific dated written consent of the parent designating the person to whom the records may be released, provided that at the time any such consent is requested or obtained, the parent shall be advised in writing that he has the right to inspect and copy such records in accordance with Section 5, to challenge their contents in accordance with Section 7 and to limit any such consent to designated records or designated portions of the information contained therein;

(9) to a governmental agency, or social service agency contracted by a governmental agency, in furtherance of an investigation of a student's school attendance pursuant to the compulsory student attendance laws of this State, provided that the records are released to the employee or agent designated by the agency;

(10) to those SHOCAP committee members who fall within the meaning of "state and local officials and authorities", as those terms are used within the meaning of the federal Family Educational Rights and Privacy Act, for the purposes of identifying serious habitual juvenile offenders and matching those offenders with community resources pursuant to Section 5-145 of the Juvenile Court Act of 1987, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the Family Educational Rights and Privacy Act;

(11) to the Department of Healthcare and Family Services in furtherance of the requirements of Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or Section 10 of the School Breakfast and Lunch Program Act;

(12) to the State Board or another State government agency or between or among State government agencies in order to evaluate or audit federal and State programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);

(12.5) if the student is in the legal custody of the Department of Children and Family Services, to the Department's Office of Education and Transition Services; or

(13) under an intergovernmental agreement if an elementary school district and a 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. However, the sharing of student information is allowed under an intergovernmental agreement only if the intergovernmental agreement meets all of the following requirements:

(A) The sharing of student information must be voluntary and at the discretion of each school district that is a party to the agreement.

(B) The sharing of student information applies only to students who have been enrolled in both districts or would be enrolled in both districts based on district attendance boundaries, and the student's parent or guardian has expressed in writing that the student intends to enroll or has enrolled in the high school district.

(C) The sharing of student information does not exceed the scope of information that is shared among schools in a unit school district. However, the terms of an intergovernmental agreement may place further limitations on the information that is allowed to be shared; or .

(14) to the State Board of Education or a school or school district's regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools only for the purposes of transmitting a Homeschool Declaration Form to one of these entities in accordance with the Homeschool Act.

(b) No information may be released pursuant to subparagraph (3) or (6) of paragraph (a) of this Section 6 unless the parent receives prior written notice of the nature and substance of the information proposed to be released, and an opportunity to inspect and copy such records in accordance with Section 5 and to challenge their contents in accordance with Section 7. Provided, however, that such notice shall be sufficient if published in a local newspaper of general circulation or other publication directed generally to the parents involved where the proposed release of information is pursuant to subparagraph (6) of paragraph (a) of this Section 6 and relates to more than 25 students.

A Homeschool Declaration Form being transmitted in accordance with the provisions of the Homeschool Act to the State Board of Education or the school or school district's regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools is not subject to the requirements of paragraph (a) of this Section.

(c) A record of any release of information pursuant to this Section must be made and kept as a part of the school student record and subject to the access granted by Section 5. Such record of release shall be maintained for the life of the school student records and shall be available only to the parent and the official records custodian. Each record of release shall also include:

(1) the nature and substance of the information released;

(2) the name and signature of the official records custodian releasing such information;

(3) the name of the person requesting such information, the capacity in which such a request has been made, and the purpose of such request;

(4) the date of the release; and

(5) a copy of any consent to such release.

(d) Except for the student and his or her parents or, if applicable, the Department's Office of Education and Transition Services, no person to whom information is released pursuant to this Section and no person specifically designated as a representative by a parent may permit any other person to have access to such information without a prior consent of the parent obtained in accordance with the requirements of subparagraph (8) of paragraph (a) of this Section.

(e) Nothing contained in this Act shall prohibit the publication of student directories which list student names, addresses and other identifying information and similar publications which comply with regulations issued by the State Board.

(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; 102-813, eff. 5-13-22.)

(105 ILCS 10/8.5 new)

Sec. 8.5. Maintenance of homeschool records.

(a) Any regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools that receives a Homeschool Declaration Form shall maintain a copy of the Homeschool Declaration Form for not less than 5 years after receiving the Homeschool Declaration Form.

(b) A public school or school district is not required to maintain a Homeschool Declaration Form or a copy of a Homeschool Declaration Form. A public school or school district that transmits a Homeschool Declaration Form to the school district's regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools may maintain a copy of the Homeschool Declaration Form in the public school's or school district's own records for any homeschool student residing in the school's or school district's boundaries. If a public school or school district decides to maintain a copy of a Homeschool Declaration Form, the public school or school district must abide by all storage requirements and confidentiality requirements under which a regional office of education or intermediate service center or, in the case of a school district organized under Article 34 of the School Code, the general superintendent of schools is subject to under this Section and Section 6 of this Act.

(c) Any public school or school district that receives proof of a homeschooled student's immunization and health examination as required by Section 27-8.1 of the School Code shall maintain a copy of those records for not less than 5 years after receipt.

Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".