101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3685
 
Introduced , by Rep. Aaron M. Ortiz
 
SYNOPSIS AS INTRODUCED:
 

 
105 ILCS 5/2-3.176 new

     Amends the School Code. Provides that the State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian. Provides that, subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Provides that any information collected, whether written or oral, must be kept confidential, with exceptions. Provides for legislative findings.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning education.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The School Code is amended  by adding Section 
52-3.176 as follows:
 
6    (105 ILCS 5/2-3.176 new)
7    Sec. 2-3.176. Federal Family Educational Rights and 
8Privacy Act of 1974; policies.
9    (a) The General Assembly finds and declares all of the 
10following:
11        (1) The privacy of Illinois citizens is of the utmost 
12    importance, and protecting their privacy is a top priority 
13    for the lawmakers of this State.
14        (2) It is imperative that personal information stay 
15    confidential unless otherwise chosen to be disclosed on an 
16    individual basis.
17        (3) The privacy of our children is critically 
18    important, especially the privacy of any student data and 
19    any information collected in educational settings, 
20    including day care, home-visiting programs, prevention 
21    initiatives, after-school programs, early intervention 
22    programs, preschool, and a student's kindergarten through 
23    grade 12 educational experience.
 
 
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1        (4) Schools and educational settings are safe 
2    environments, and an important component of maintaining 
3    security is ensuring family privacy and protecting student 
4    data.
5    (b) The State Board of Education, in cooperation with the 
6Department of Human Services, must develop, publish, and make 
7publicly available policies and procedures that comply with the 
8federal Family Educational Rights and Privacy Act of 1974, 
9including, but not limited to, policies that restrict access to 
10the personally identifiable information of a student or a 
11student's parent or guardian.
12    (c) Subject to the requirements of the  Illinois School 
13Student Records Act and the Student Online Personal Protection 
14Act, the State Board may, in cooperation with the Department of 
15Human Services, collect personally identifiable information of 
16a student or a student's parent or guardian only as required to 
17assess eligibility for or to administer public services or 
18programs. Any information collected under this subsection, 
19whether written or oral, must be kept confidential, except in 
20the case of either of the following:
21        (1) If the disclosure is to comply with a judicial 
22    order or lawfully issued subpoena or is in connection with 
23    a  health or safety emergency.
24        (2) If the student or the student's parent or guardian 
25    provides written consent for the  disclosure.