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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Missing Children Records Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (325 ILCS 50/5) (from Ch. 23, par. 2285)
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7 | Sec. 5. Duties of school or other entity. | ||||||
8 | (a) Upon notification by the Department of a
person's | ||||||
9 | disappearance, a school, preschool educational program, child | ||||||
10 | care facility, or day care home or group day care home in which | ||||||
11 | the person is currently or was
previously enrolled shall flag | ||||||
12 | the record of that person in such a manner
that whenever a copy | ||||||
13 | of or information regarding the record is requested,
the school | ||||||
14 | or other entity shall be alerted to the fact that the record is | ||||||
15 | that of a
missing person. The school or other entity shall | ||||||
16 | immediately report to the
Department any request concerning | ||||||
17 | flagged records or knowledge
as to the whereabouts of any | ||||||
18 | missing person. Upon notification by the
Department that the | ||||||
19 | missing person has been recovered, the school or other entity
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20 | shall
remove the flag from the person's record.
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21 | (b) (1) For every child enrolled Upon enrollment of a child | ||||||
22 | for the first time in a particular
elementary or secondary | ||||||
23 | school, public or private preschool educational program, |
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1 | public or private child care facility licensed under the Child | ||||||
2 | Care Act of 1969, or day care home or group day care home | ||||||
3 | licensed under the Child Care Act of 1969, that school or other | ||||||
4 | entity shall notify in writing the
person enrolling the child | ||||||
5 | that within 30 days he must provide either (i)
a certified copy | ||||||
6 | of the child's birth certificate or (ii) other reliable
proof, | ||||||
7 | as determined by the Department, of the child's identity and | ||||||
8 | age
and an affidavit explaining the inability to produce a copy | ||||||
9 | of the birth
certificate. Other reliable proof of the child's | ||||||
10 | identity and age shall
include a passport, visa or other | ||||||
11 | governmental documentation of the child's
identity. When the | ||||||
12 | person enrolling the child provides the school or other entity | ||||||
13 | with a certified copy of the child's birth certificate, the | ||||||
14 | school or other entity shall promptly make a copy of the | ||||||
15 | certified copy for its records and return the original | ||||||
16 | certified copy to the person enrolling the child. Once a school | ||||||
17 | or other entity has been provided with a certified copy of a | ||||||
18 | child's birth certificate as required under item (i) of this | ||||||
19 | subdivision (b)(1), the school or other entity need not request | ||||||
20 | another such certified copy with respect to that child for any | ||||||
21 | other year in which the child is enrolled in that school or | ||||||
22 | other entity.
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23 | (2) Upon the failure of a person enrolling a child
to
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24 | comply with subsection (b) (1), the school or other entity
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25 | shall immediately notify the
Department or local law | ||||||
26 | enforcement agency of such failure, and shall
notify the person |
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1 | enrolling the child in writing that he has 10
additional days | ||||||
2 | to comply.
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3 | (3) The school or other entity shall immediately report to | ||||||
4 | the Department any affidavit
received pursuant to this | ||||||
5 | subsection which appears inaccurate or suspicious
in form or | ||||||
6 | content.
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7 | (c) Within 14 days after enrolling a transfer student, the | ||||||
8 | elementary or
secondary school shall request directly from the | ||||||
9 | student's previous school
a certified copy of his record. The | ||||||
10 | requesting school shall exercise due
diligence in obtaining the | ||||||
11 | copy of the record requested. Any elementary
or secondary | ||||||
12 | school requested to forward a copy of a transferring student's
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13 | record to the new school shall comply within 10 days of receipt | ||||||
14 | of the
request unless the record has been flagged pursuant to | ||||||
15 | subsection (a), in
which case the copy shall not be forwarded | ||||||
16 | and the requested school shall
notify the Department or local | ||||||
17 | law enforcement authority of the request.
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18 | (d) Notwithstanding any other rulemaking authority that | ||||||
19 | may exist, neither the Governor nor any agency or agency head | ||||||
20 | under the jurisdiction of the Governor has any authority to | ||||||
21 | make or promulgate rules to implement or enforce the provisions | ||||||
22 | of this amendatory Act of the 95th General Assembly. If, | ||||||
23 | however, the Governor believes that rules are necessary to | ||||||
24 | implement or enforce the provisions of this amendatory Act of | ||||||
25 | the 95th General Assembly, the Governor may suggest rules to | ||||||
26 | the General Assembly by filing them with the Clerk of the House |
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1 | and Secretary of the Senate and by requesting that the General | ||||||
2 | Assembly authorize such rulemaking by law, enact those | ||||||
3 | suggested rules into law, or take any other appropriate action | ||||||
4 | in the General Assembly's discretion. Nothing contained in this | ||||||
5 | amendatory Act of the 95th General Assembly shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this amendatory Act of | ||||||
9 | the 95th General Assembly, "rules" is given the meaning | ||||||
10 | contained in Section 1-70 of the Illinois Administrative | ||||||
11 | Procedure Act, and "agency" and "agency head" are given the | ||||||
12 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
13 | Administrative Procedure Act to the extent that such | ||||||
14 | definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor. | ||||||
16 | (Source: P.A. 95-439, eff. 1-1-08.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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