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91_HB1816eng HB1816 Engrossed 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 HB1816 Engrossed -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;or23 (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. HB1816 Engrossed -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 HB1816 Engrossed -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 HB1816 Engrossed -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 HB1816 Engrossed -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;or10 (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 HB1816 Engrossed -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 HB1816 Engrossed -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.