State of Illinois
91st General Assembly
Legislation

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91_HB1816

 
                                               LRB9104519NTsb

 1        AN  ACT  to amend the Illinois School Student Records Act
 2    by changing Section 6.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois School Student Records Act is
 6    amended by changing Section 6 as follows:

 7        (105 ILCS 10/6) (from Ch. 122, par. 50-6)
 8        (Text of Section before amendment by P.A. 90-590)
 9        Sec. 6.  (a) No school  student  records  or  information
10    contained  therein may be released, transferred, disclosed or
11    otherwise disseminated, except as follows:
12             (1)  To a parent or student or  person  specifically
13        designated  as  a representative by a parent, as provided
14        in paragraph (a) of Section 5;
15             (2)  To an employee or official  of  the  school  or
16        school  district or State Board with current demonstrable
17        educational or administrative interest in the student, in
18        furtherance of such interest;
19             (3)  To the official records  custodian  of  another
20        school  within  Illinois  or  an  official  with  similar
21        responsibilities  of  a school outside Illinois, in which
22        the student has enrolled, or intends to enroll, upon  the
23        request of such official or student;
24             (4)  To  any  person  for  the  purpose of research,
25        statistical  reporting  or  planning,  provided  that  no
26        student or parent can be identified from the  information
27        released  and  the  person  to  whom  the  information is
28        released signs an affidavit agreeing to comply  with  all
29        applicable   statutes  and  rules  pertaining  to  school
30        student records;
31             (5)  Pursuant to a court order,  provided  that  the
 
                            -2-                LRB9104519NTsb
 1        parent  shall be given prompt written notice upon receipt
 2        of such order of the terms of the order, the  nature  and
 3        substance  of  the information proposed to be released in
 4        compliance with such order and an opportunity to  inspect
 5        and  copy  the  school  student  records and to challenge
 6        their contents pursuant to Section 7;
 7             (6)  To any person as specifically required by State
 8        or federal law;
 9             (7)  Subject to regulations of the State  Board,  in
10        connection  with  an emergency, to appropriate persons if
11        the knowledge of such information is necessary to protect
12        the health or safety of the student or other persons;
13             (8)  To any person, with the  prior  specific  dated
14        written  consent  of the parent designating the person to
15        whom the records may be released, provided  that  at  the
16        time  any  such  consent  is  requested  or obtained, the
17        parent shall be advised in writing that he has the  right
18        to  inspect  and  copy  such  records  in accordance with
19        Section 5, to challenge their contents in accordance with
20        Section 7 and to limit any  such  consent  to  designated
21        records   or   designated  portions  of  the  information
22        contained therein; or
23             (9)  To a governmental  agency,  or  social  service
24        agency   contracted   by   a   governmental   agency,  in
25        furtherance of an investigation  of  a  student's  school
26        attendance  pursuant to the compulsory student attendance
27        laws  of  this  State,  provided  that  the  records  are
28        released to the  employee  or  agent  designated  by  the
29        agency; or.
30             (10)  To  a  SHOCAP committee or a representative of
31        that committee, for the purpose  of  identifying  serious
32        habitual juvenile offenders and matching serious habitual
33        juvenile  offenders with community resources, pursuant to
34        Section 5-145 of the Juvenile Court Act of 1987.
 
                            -3-                LRB9104519NTsb
 1        (b)  No  information  may   be   released   pursuant   to
 2    subparagraphs   (3) or (6) of paragraph (a) of this Section 6
 3    unless the parent receives prior written notice of the nature
 4    and substance of the information proposed to be released, and
 5    an opportunity to inspect and copy such records in accordance
 6    with Section 5 and to challenge their contents in  accordance
 7    with Section 7.  Provided, however, that such notice shall be
 8    sufficient  if  published  in  a  local  newspaper of general
 9    circulation or other publication directed  generally  to  the
10    parents involved where the proposed release of information is
11    pursuant to subparagraph 6 of paragraph (a) in this Section 6
12    and relates to more than 25 students.
13        (c)  A  record  of any release of information pursuant to
14    this Section must be made and kept as a part  of  the  school
15    student  record  and subject to the access granted by Section
16    5. Such record of release shall be maintained for the life of
17    the school student records and shall be available only to the
18    parent and the official records  custodian.  Each  record  of
19    release shall also include:
20             (1)  The  nature  and  substance  of the information
21        released;
22             (2)  The name and signature of the official  records
23        custodian releasing such information;
24             (3)  The   name   of   the  person  requesting  such
25        information, the capacity in which  such  a  request  has
26        been made, and the purpose of such request;
27             (4)  The date of the release; and
28             (5)  A copy of any consent to such release.
29        (d)  Except for the student and his parents, no person to
30    whom  information is released pursuant to this Section and no
31    person specifically  designated  as  a  representative  by  a
32    parent  may  permit  any  other person to have access to such
33    information without a prior consent of the parent obtained in
34    accordance with  the  requirements  of  subparagraph  (8)  of
 
                            -4-                LRB9104519NTsb
 1    paragraph (a) of this Section.
 2        (e)  Nothing  contained  in  this  Act shall prohibit the
 3    publication of student directories which list student  names,
 4    addresses  and  other  identifying  information  and  similar
 5    publications  which  comply  with  regulations  issued by the
 6    State Board.
 7    (Source: P.A. 90-566, eff. 1-2-98.)

 8        (Text of Section after amendment by P.A. 90-590)
 9        Sec. 6.  (a)  No school student  records  or  information
10    contained  therein may be released, transferred, disclosed or
11    otherwise disseminated, except as follows:
12             (1)  To a parent or student or  person  specifically
13        designated  as  a representative by a parent, as provided
14        in paragraph (a) of Section 5;
15             (2)  To an employee or official  of  the  school  or
16        school  district or State Board with current demonstrable
17        educational or administrative interest in the student, in
18        furtherance of such interest;
19             (3)  To the official records  custodian  of  another
20        school  within  Illinois  or  an  official  with  similar
21        responsibilities  of  a school outside Illinois, in which
22        the student has enrolled, or intends to enroll, upon  the
23        request of such official or student;
24             (4)  To  any  person  for  the  purpose of research,
25        statistical  reporting  or  planning,  provided  that  no
26        student or parent can be identified from the  information
27        released  and  the  person  to  whom  the  information is
28        released signs an affidavit agreeing to comply  with  all
29        applicable   statutes  and  rules  pertaining  to  school
30        student records;
31             (5)  Pursuant to a court order,  provided  that  the
32        parent  shall be given prompt written notice upon receipt
33        of such order of the terms of the order, the  nature  and
34        substance  of  the information proposed to be released in
 
                            -5-                LRB9104519NTsb
 1        compliance with such order and an opportunity to  inspect
 2        and  copy  the  school  student  records and to challenge
 3        their contents pursuant to Section 7;
 4             (6)  To any person as specifically required by State
 5        or federal law;
 6             (6.5)  To juvenile authorities  when  necessary  for
 7        the  discharge  of  their  official  duties  who  request
 8        information  prior to adjudication of the student and who
 9        certify in writing  that  the  information  will  not  be
10        disclosed to any other party except as provided under law
11        or   order  of  court.   For  purposes  of  this  Section
12        "juvenile authorities" means: (i) a judge of the  circuit
13        court and members of the staff of the court designated by
14        the  judge;  (ii)  parties  to  the proceedings under the
15        Juvenile Court Act of 1987  and  their  attorneys;  (iii)
16        probation  officers and court appointed advocates for the
17        juvenile authorized by the judge hearing the case;   (iv)
18        any  individual,  public or private agency having custody
19        of the child pursuant to court order; (v) any individual,
20        public or private agency providing education, medical  or
21        mental  health  service  to  the child when the requested
22        information  is  needed  to  determine  the   appropriate
23        service  or  treatment  for the minor; (vi) any potential
24        placement provider when such release is authorized by the
25        court  for  the  limited  purpose  of   determining   the
26        appropriateness  of  the  potential  placement; (vii) law
27        enforcement officers and prosecutors;  (viii)  adult  and
28        juvenile prisoner review boards; (ix) authorized military
29        personnel; (x) individuals authorized by court;
30             (7)  Subject  to  regulations of the State Board, in
31        connection with an emergency, to appropriate  persons  if
32        the knowledge of such information is necessary to protect
33        the health or safety of the student or other persons;
34             (8)  To  any  person,  with the prior specific dated
 
                            -6-                LRB9104519NTsb
 1        written consent of the parent designating the  person  to
 2        whom  the  records  may be released, provided that at the
 3        time any such  consent  is  requested  or  obtained,  the
 4        parent  shall be advised in writing that he has the right
 5        to inspect and  copy  such  records  in  accordance  with
 6        Section 5, to challenge their contents in accordance with
 7        Section  7  and  to  limit any such consent to designated
 8        records  or  designated  portions  of   the   information
 9        contained therein; or
10             (9)  To  a  governmental  agency,  or social service
11        agency  contracted   by   a   governmental   agency,   in
12        furtherance  of  an  investigation  of a student's school
13        attendance pursuant to the compulsory student  attendance
14        laws  of  this  State,  provided  that  the  records  are
15        released  to  the  employee  or  agent  designated by the
16        agency; or.
17             (10)  To a SHOCAP committee or a  representative  of
18        that  committee,  for  the purpose of identifying serious
19        habitual juvenile offenders and matching serious habitual
20        juvenile offenders with community resources, pursuant  to
21        Section 5-145 of the Juvenile Court Act of 1987.
22        (b)  No   information   may   be   released  pursuant  to
23    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
24    unless the parent receives prior written notice of the nature
25    and substance of the information proposed to be released, and
26    an opportunity to inspect and copy such records in accordance
27    with  Section 5 and to challenge their contents in accordance
28    with Section 7.  Provided, however, that such notice shall be
29    sufficient if published  in  a  local  newspaper  of  general
30    circulation  or  other  publication directed generally to the
31    parents involved where the proposed release of information is
32    pursuant to subparagraph 6 of paragraph (a) in this Section 6
33    and relates to more than 25 students.
34        (c)  A record of any release of information  pursuant  to
 
                            -7-                LRB9104519NTsb
 1    this  Section  must  be made and kept as a part of the school
 2    student record and subject to the access granted  by  Section
 3    5. Such record of release shall be maintained for the life of
 4    the 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
12        information,  the  capacity  in  which such a request has
13        been made, and the 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
19    parent may permit any other person to  have  access  to  such
20    information without a prior consent of the parent obtained in
21    accordance  with  the  requirements  of  subparagraph  (8) of
22    paragraph (a) of 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
27    State Board.
28    (Source:  P.A.  90-566,  eff.  1-2-98;  90-590,  eff. 1-1-00;
29    revised 9-16-98.)

30        Section 95.  No acceleration or delay.   Where  this  Act
31    makes changes in a statute that is represented in this Act by
32    text  that  is not yet or no longer in effect (for example, a
33    Section represented by multiple versions), the  use  of  that
 
                            -8-                LRB9104519NTsb
 1    text  does  not  accelerate or delay the taking effect of (i)
 2    the changes made by this Act or (ii) provisions derived  from
 3    any other Public Act.

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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