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(105 ILCS 10/5)
(from Ch. 122, par. 50-5)
(a) A parent or any person specifically designated as
a representative by a parent shall have the right to inspect and
copy all school student permanent and temporary records of that
parent's child. A student shall have the right to inspect and copy
his or her school student permanent record. No person who is prohibited
by an order of protection from inspecting or obtaining school records of a
student pursuant to the Illinois Domestic Violence Act of 1986, as now or
hereafter amended, shall have any right of access to, or inspection of, the
school records of that student. If a school's principal or person with
like responsibilities or his designee has knowledge of such order of
protection, the school shall prohibit access or inspection of the student's
school records by such person.
(b) Whenever access to any person is granted pursuant
to paragraph (a) of this Section, at the option of either the parent or the school
a qualified professional, who may be a psychologist, counsellor or
other advisor, and who may be an employee of the school or employed
by the parent, may be present to interpret the information contained
in the student temporary record. If the school requires that a
professional be present, the school shall secure and bear any cost of the
presence of the professional. If the parent so requests, the school
shall secure and bear any cost of the presence of a professional
employed by the school.
(c) A parent's or student's request to inspect and copy records,
or to allow a specifically designated representative to inspect and
copy records, must be granted within a reasonable time, and in no case later
than 10 business days after the date of receipt of such request by the
official records custodian.
(c-5) The time for response under this Section may be extended by the school district by not more than 5 business days from the original due date for any of the following reasons:
(1) the requested records are stored in whole or in
part at other locations than the office having charge of the requested records;
(2) the request requires the collection of a
substantial number of specified records;
(3) the request is couched in categorical terms and
requires an extensive search for the records responsive to it;
(4) the requested records have not been located in
the course of routine search and additional efforts are being made to locate them;
(5) the request for records cannot be complied with
by the school district within the time limits prescribed by subsection (c) of this Section without unduly burdening or interfering with the operations of the school district; or
(6) there is a need for consultation, which shall be
conducted with all practicable speed, with another public body or school district or among 2 or more components of a public body or school district having a substantial interest in the determination or in the subject matter of the request.
The person making a request and the school district may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the school district agree to extend the period for compliance, a failure by the school district to comply with any previous deadlines shall not be treated as a denial of the request for the records.
(d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts fixed
in schedules adopted by the State Board, to any person permitted
to copy such records, except that no parent or student shall be
denied a copy of school student records as permitted under this
Section 5 for inability to bear the cost of such copying.
(e) Nothing contained in this Section 5 shall make
available to a parent or student confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary recognition,
provided such letters and statements are not used for purposes
other than those for which they were specifically intended, and
(1) were placed in a school student record prior to
(2) the student has waived access thereto after being
advised of his right to obtain upon request the names of all such persons making such confidential recommendations.
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
(1) Communications otherwise protected by law as
privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist, school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist; or
(2) Information which is communicated by a student or
parent in confidence to school personnel; or
(3) Information which is communicated by a student,
parent, or guardian to a law enforcement professional working in the school, except as provided by court order.
(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination
because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.
(Source: P.A. 100-532, eff. 9-22-17.)