Full Text of HB4558 98th General Assembly
HB4558ham001 98TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4558
| 2 | | AMENDMENT NO. ______. Amend House Bill 4558 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois School Student Records Act is | 5 | | amended by changing Sections 2 and 6 as follows:
| 6 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 7 | | Sec. 2.
As used in this Act,
| 8 | | (a) "Student" means any person enrolled or previously | 9 | | enrolled in a school.
| 10 | | (b) "School" means any public preschool, day care center,
| 11 | | kindergarten, nursery, elementary or secondary educational | 12 | | institution,
vocational school, special educational facility | 13 | | or any other elementary or
secondary educational agency or | 14 | | institution and any person, agency or
institution which | 15 | | maintains school student records from more than one school,
but | 16 | | does not include a private or non-public school.
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| 1 | | (c) "State Board" means the State Board of Education.
| 2 | | (d) "School Student Record" means any writing or
other | 3 | | recorded information concerning a student
and by which a | 4 | | student may be individually or personally identified,
| 5 | | maintained by a school or at its direction or by an employee of | 6 | | a
school, regardless of how or where the information is stored. | 7 | | The following shall not be deemed school student records under
| 8 | | this Act: writings or other recorded information maintained by | 9 | | an
employee of a school or other person at the direction of a | 10 | | school for his or
her exclusive use; provided that all such | 11 | | writings and other recorded
information are destroyed not later | 12 | | than the student's graduation or permanent
withdrawal from the | 13 | | school; and provided further that no such records or
recorded | 14 | | information may be released or disclosed to any person except a | 15 | | person
designated by the school as
a substitute unless they are | 16 | | first incorporated
in a school student record and made subject | 17 | | to all of the
provisions of this Act.
School student records | 18 | | shall not include information maintained by
law enforcement | 19 | | professionals working in the school.
| 20 | | (e) "Student Permanent Record" means the minimum personal
| 21 | | information necessary to a school in the education of the | 22 | | student
and contained in a school student record. Such | 23 | | information
may include the student's name, birth date, | 24 | | address, grades
and grade level, parents' names and addresses, | 25 | | attendance
records, and such other entries as the State Board | 26 | | may
require or authorize.
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| 1 | | (f) "Student Temporary Record" means all information | 2 | | contained in
a school student record but not contained in
the | 3 | | student permanent record. Such information may include
family | 4 | | background information, intelligence test scores, aptitude
| 5 | | test scores, psychological and personality test results, | 6 | | teacher
evaluations, and other information of clear relevance | 7 | | to the
education of the student, all subject to regulations of | 8 | | the State Board.
The information shall include information | 9 | | provided under Section 8.6 of the
Abused and Neglected Child | 10 | | Reporting Act.
In addition, the student temporary record shall | 11 | | include information regarding
serious disciplinary infractions | 12 | | that resulted in expulsion, suspension, or the
imposition of | 13 | | punishment or sanction. For purposes of this provision, serious
| 14 | | disciplinary infractions means: infractions involving drugs, | 15 | | weapons, or bodily
harm to another.
| 16 | | (g) "Parent" means a person who is the natural parent of | 17 | | the
student or other person who has the primary responsibility | 18 | | for the
care and upbringing of the student. All rights and | 19 | | privileges accorded
to a parent under this Act shall become | 20 | | exclusively those of the student
upon his 18th birthday, | 21 | | graduation from secondary school, marriage
or entry into | 22 | | military service, whichever occurs first. Such
rights and | 23 | | privileges may also be exercised by the student
at any time | 24 | | with respect to the student's permanent school record.
| 25 | | (h) "Eligible Student" means a student who has reached 18 | 26 | | years of age. |
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| 1 | | (Source: P.A. 92-295, eff. 1-1-02.)
| 2 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 3 | | Sec. 6. (a) No school student records or information
| 4 | | contained therein may be released, transferred, disclosed or | 5 | | otherwise
disseminated, except as follows:
| 6 | | (1) To a parent or student or person specifically
| 7 | | designated as a representative by a parent, as provided in | 8 | | paragraph (a)
of Section 5;
| 9 | | (2) To an employee or official of the school or
school | 10 | | district or State Board with current demonstrable | 11 | | educational
or administrative interest in the student, in | 12 | | furtherance of such interest;
| 13 | | (3) To the official records custodian of another school | 14 | | within
Illinois or an official with similar | 15 | | responsibilities of a school
outside Illinois, in which the | 16 | | student has enrolled, or intends to enroll,
upon the | 17 | | request of such official or student;
| 18 | | (4) Except as set forth in subparagraph (4.5) of this | 19 | | paragraph (a), to To any person or entity for the purpose | 20 | | of research,
statistical reporting, or planning, audit, or | 21 | | evaluation, provided that (i) such research, statistical | 22 | | reporting, or planning , audit, or evaluation is | 23 | | permissible under and undertaken in accordance with the | 24 | | federal Family Educational Rights and Privacy Act (20 | 25 | | U.S.C. 1232g) and (ii) the parent or eligible student |
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| 1 | | provides prior, specific, dated, written consent | 2 | | designating the person to whom the records may be released | 3 | | and, at the time any such consent is requested or obtained, | 4 | | the parent or eligible student is first advised in writing | 5 | | of the specific purpose of the release, transfer, | 6 | | disclosure, or dissemination and has the right to inspect | 7 | | and copy such records in accordance with Section 5 of this | 8 | | Act, to challenge their contents in accordance with Section | 9 | | 7 of this Act, and to limit any such consent to designated | 10 | | records or designated portions of the information | 11 | | contained in the records. For purposes of this subparagraph | 12 | | (4), a separate, prior, specific, dated, written consent | 13 | | shall be required from the parent or eligible student for | 14 | | each release, transfer, disclosure, or dissemination of | 15 | | school student records or information ;
| 16 | | (4.5) To researchers at an accredited post-secondary | 17 | | educational institution or an organization conducting | 18 | | research pursuant to a specific, written agreement with the | 19 | | school or school district or State Board and in accordance | 20 | | with the federal Family Educational Rights and Privacy Act | 21 | | shall comply with the following requirements: | 22 | | (A) the nature of the research is first publicly | 23 | | disclosed in advance of the research being conducted by | 24 | | providing general notice regarding planned studies or | 25 | | research to parents, guardians, or eligible students | 26 | | prior to the beginning of each school year and by |
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| 1 | | posting an updated notice of additional research or | 2 | | studies on the Internet website of the school board, | 3 | | school district, school, or State Board as additional | 4 | | research or studies are added. If the school board, | 5 | | school district, or school does not have an Internet | 6 | | website that can be updated with notice of additional | 7 | | research or studies, the school board, school | 8 | | district, or school shall send written notification to | 9 | | affected parents, guardians, or eligible students as | 10 | | additional research or studies are added. Any notice | 11 | | provided under this paragraph shall set forth, in | 12 | | general terms, the nature of the research, the persons | 13 | | to whom the research will apply, and the topics | 14 | | thereof. The notice requirements in this paragraph do | 15 | | not apply to eligible students or parents or guardians | 16 | | of students who have graduated or left the school, | 17 | | school district, or State as of the effective date of | 18 | | this amendatory Act of the 98th General Assembly. | 19 | | (B) The post-secondary educational institution or | 20 | | an organization conducting research and the school, | 21 | | school district, or State Board shall enter into a data | 22 | | use agreement which shall be signed by the party | 23 | | gaining access to the data and the school board, school | 24 | | district, or school and that complies with the federal | 25 | | Family Educational Rights and Privacy Act and its | 26 | | accompanying regulations and, at a minimum, sets forth |
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| 1 | | the following: | 2 | | (i) the post-secondary educational institution | 3 | | or the organization conducting research shall | 4 | | abide by all requirements of this subdivision (B); | 5 | | (ii) the purpose, scope, subjects, and | 6 | | duration of the study or studies, the information | 7 | | to be disclosed, and the person or persons to whom | 8 | | the information shall be disclosed; the person or | 9 | | persons to whom the information shall be disclosed | 10 | | may be updated to include additional persons; | 11 | | (iii) the persons disclosed in item (ii) shall | 12 | | use school student records only to meet the purpose | 13 | | or purposes of the study as set forth pursuant to | 14 | | item (ii) and only after written or other recorded | 15 | | information concerning a student and by which a | 16 | | student may be individually identified has been | 17 | | removed from such records; | 18 | | (iv) the post-secondary educational | 19 | | institution or the organization conducting | 20 | | research shall only use written or other recorded | 21 | | information concerning a student and by which a | 22 | | student may be individually or personally | 23 | | identified to link data files and, in such | 24 | | instances, the post-secondary educational | 25 | | institution or the organization conducting | 26 | | research shall designate in writing the person or |
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| 1 | | persons to whom such information will be | 2 | | disclosed; | 3 | | (v) the post-secondary educational institution | 4 | | or the organization conducting research shall | 5 | | destroy all written or other recorded information | 6 | | that individually or personally identifies a | 7 | | student when the information is no longer needed, | 8 | | but in no event later than 36 months after the | 9 | | study has been completed; | 10 | | (vi) the post-secondary educational | 11 | | institution or the organization conducting | 12 | | research shall certify in writing that it has the | 13 | | capacity to and shall restrict access to school | 14 | | student records and shall maintain the security of | 15 | | all written and electronic information received | 16 | | pursuant to this Section in compliance with rules | 17 | | that shall be adopted by the State Board, which | 18 | | shall be consistent with and regularly updated to | 19 | | comply with commonly accepted data-security | 20 | | practices, including, but not limited to, those | 21 | | set forth by the United States Department of | 22 | | Education Privacy Technical Assistance Center; | 23 | | (vii) in compliance with the rules adopted | 24 | | pursuant to item (vi), the post-secondary | 25 | | educational institution or the organization | 26 | | conducting research shall develop, implement, |
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| 1 | | maintain, and use appropriate administrative, | 2 | | technical, and physical security measures to | 3 | | preserve the confidentiality, integrity, and | 4 | | availability of all school student records. | 5 | | (C) The post-secondary educational institution or | 6 | | the organization conducting research only uses | 7 | | personally identifiable information from school | 8 | | student records to meet the purpose or purposes of the | 9 | | study as stated in the written data use agreement | 10 | | described in subdivision (B) of this subparagraph | 11 | | (4.5). | 12 | | For purposes of this subparagraph (4.5), any | 13 | | information by which a student may be individually or | 14 | | personally identified shall only be released, transferred, | 15 | | disclosed, or otherwise disseminated as contemplated by | 16 | | the data use agreement between the parties set forth in | 17 | | subdivision (B) of this subparagraph (4.5). The school | 18 | | student records shall be redacted prior to analysis by the | 19 | | post-secondary educational institution or the organization | 20 | | conducting research. Any personally identifiable | 21 | | information used to link data sets shall be stored in a | 22 | | secure data file or location outside of the secure data | 23 | | storage where redacted information from the school student | 24 | | records is stored. The post-secondary educational | 25 | | institution or the organization conducting research shall | 26 | | implement and adhere to policies and procedures that |
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| 1 | | restrict access to information by which a student may be | 2 | | individually or personally identified. The post-secondary | 3 | | educational institution or the organization conducting | 4 | | research shall designate an individual to act as the | 5 | | custodian of the personally identifiable information who | 6 | | is responsible for restricting access to that information. | 7 | | Nothing in this subparagraph (4.5) shall prohibit the | 8 | | State Board or any school or school district from providing | 9 | | personally identifiable information about individual | 10 | | students to an accredited post-secondary educational | 11 | | institution or an organization conducting research | 12 | | pursuant to a specific, written agreement with the school | 13 | | or school district or State Board and in accordance with | 14 | | the federal Family Educational Rights and Privacy Act, | 15 | | where necessary for the State Board, school, or school | 16 | | district to comply with State or federal statutory | 17 | | mandates.
| 18 | | (5) Pursuant to a court order, provided that the
parent | 19 | | shall be given prompt written notice upon receipt
of such | 20 | | order of the terms of the order, the nature and
substance | 21 | | of the information proposed to be released
in compliance | 22 | | with such order and an opportunity to
inspect and copy the | 23 | | school student records and to
challenge their contents | 24 | | pursuant to Section 7;
| 25 | | (6) To any person as specifically required by State
or | 26 | | federal law;
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| 1 | | (6.5) To juvenile authorities
when necessary for the | 2 | | discharge of their official duties
who request information | 3 | | prior to
adjudication of the student and who certify in | 4 | | writing that the information
will not be disclosed to any | 5 | | other party except as provided under law or order
of court. | 6 | | For purposes of this Section "juvenile authorities" means:
| 7 | | (i) a judge of
the circuit court and members of the staff | 8 | | of the court designated by the
judge; (ii) parties to the | 9 | | proceedings under the Juvenile Court Act of 1987 and
their | 10 | | attorneys; (iii) probation
officers and court appointed | 11 | | advocates for the juvenile authorized by the judge
hearing | 12 | | the case; (iv) any individual, public or private agency | 13 | | having custody
of the child pursuant to court order; (v) | 14 | | any individual, public or private
agency providing | 15 | | education, medical or mental health service to the child | 16 | | when
the requested information is needed to determine the | 17 | | appropriate service or
treatment for the minor; (vi) any | 18 | | potential placement provider when such
release
is | 19 | | authorized by the court for the limited purpose of | 20 | | determining the
appropriateness of the potential | 21 | | placement; (vii) law enforcement officers and
prosecutors;
| 22 | | (viii) adult and juvenile prisoner review boards; (ix) | 23 | | authorized military
personnel; (x)
individuals authorized | 24 | | by court;
| 25 | | (7) Subject to regulations of the State Board,
in | 26 | | connection with an emergency, to appropriate persons
if the |
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| 1 | | knowledge of such information is necessary to protect
the | 2 | | health or safety of the student or other
persons;
| 3 | | (8) To any person, with the prior specific dated
| 4 | | written consent of the parent designating the person
to | 5 | | whom the records may be released, provided that at
the time | 6 | | any such consent is requested or obtained,
the parent shall | 7 | | be advised in writing that he has the right
to inspect and | 8 | | copy such records in accordance with Section 5, to
| 9 | | challenge their contents in accordance with Section 7 and | 10 | | to limit any such
consent to
designated records or | 11 | | designated portions of the information contained
therein;
| 12 | | (9) To a governmental agency, or social service agency | 13 | | contracted by a
governmental agency, in furtherance of an | 14 | | investigation of a student's school
attendance pursuant to | 15 | | the compulsory student attendance laws of this State,
| 16 | | provided that the records are released to the employee or | 17 | | agent designated by
the agency;
| 18 | | (10) To those SHOCAP committee members who fall within | 19 | | the meaning of
"state and local officials and authorities", | 20 | | as those terms are used within the
meaning of the federal | 21 | | Family Educational Rights and Privacy Act, for
the
purposes | 22 | | of identifying serious habitual juvenile offenders and | 23 | | matching those
offenders with community resources pursuant | 24 | | to Section 5-145 of the Juvenile
Court Act of 1987, but | 25 | | only to the extent that the release, transfer,
disclosure, | 26 | | or dissemination is consistent with the Family Educational |
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| 1 | | Rights
and Privacy Act;
| 2 | | (11) To the Department of Healthcare and Family | 3 | | Services in furtherance of the
requirements of Section | 4 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 5 | | Section 10 of the School Breakfast and Lunch
Program Act; | 6 | | or
| 7 | | (12) To the State Board or another State government | 8 | | agency or between or among State government agencies in | 9 | | order to evaluate or audit federal and State programs or | 10 | | perform research and planning, but only to the extent that | 11 | | the release, transfer, disclosure, or dissemination is | 12 | | consistent with the federal Family Educational Rights and | 13 | | Privacy Act (20 U.S.C. 1232g). | 14 | | (b) No information may be released pursuant to | 15 | | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 16 | | unless the parent receives
prior written notice of the nature | 17 | | and substance of the information
proposed to be released, and | 18 | | an opportunity to inspect
and copy such records in accordance | 19 | | with Section 5 and to
challenge their contents in accordance | 20 | | with Section 7. Provided, however,
that such notice shall be | 21 | | sufficient if published in a local newspaper of
general | 22 | | circulation or other publication directed generally to the | 23 | | parents
involved where the proposed release of information is | 24 | | pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | 25 | | and relates to more
than 25 students.
| 26 | | (c) A record of any release of information pursuant
to this |
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| 1 | | Section must be made and kept as a part of the
school student | 2 | | record and subject to the access granted by Section 5.
Such | 3 | | record of release shall be maintained for the life of the
| 4 | | school student records and shall be available only to the | 5 | | parent
and the official records custodian.
Each record of | 6 | | release shall also include:
| 7 | | (1) The nature and substance of the information | 8 | | released;
| 9 | | (2) The name and signature of the official records
| 10 | | custodian releasing such information;
| 11 | | (3) The name of the person requesting such information,
| 12 | | the capacity in which such a request has been made, and the | 13 | | purpose of such
request;
| 14 | | (4) The date of the release; and
| 15 | | (5) A copy of any consent to such release.
| 16 | | (d) Except for the student and his parents, no person
to | 17 | | whom information is released pursuant to this Section
and no | 18 | | person specifically designated as a representative by a parent
| 19 | | may permit any other person to have access to such information | 20 | | without a prior
consent of the parent obtained in accordance | 21 | | with the requirements
of subparagraph (8) of paragraph (a) of | 22 | | this Section.
| 23 | | (e) Nothing contained in this Act shall prohibit the
| 24 | | publication of student directories which list student names, | 25 | | addresses
and other identifying information and similar | 26 | | publications which
comply with regulations issued by the State |
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| 1 | | Board.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 3 | | 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10.)".
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