103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5497

 

Introduced 2/9/2024, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 10/6  from Ch. 122, par. 50-6

    Amends the Illinois School Student Records Act. In provisions concerning exceptions allowing the release of student records, provides that school student records or information contained may be released, transferred, disclosed or otherwise disseminated to law enforcement officers for purposes of review, recording, or contemporaneous access to security or surveillance video, audio, or footage, to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal Family Educational Rights and Privacy Act. Effective immediately.


LRB103 37569 RJT 67695 b

 

 

A BILL FOR

 

HB5497LRB103 37569 RJT 67695 b

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 Illinois School Student Records Act is
5amended by changing Section 6 as follows:
 
6    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
7    Sec. 6. (a) No school student records or information
8contained therein may be released, transferred, disclosed or
9otherwise disseminated, except as follows:
10        (1) to a parent or student or person specifically
11    designated as a representative by a parent, as provided in
12    paragraph (a) of Section 5;
13        (2) to an employee or official of the school or school
14    district or State Board with current demonstrable
15    educational or administrative interest in the student, in
16    furtherance of such interest;
17        (3) to the official records custodian of another
18    school within Illinois or an official with similar
19    responsibilities of a school outside Illinois, in which
20    the student has enrolled, or intends to enroll, upon the
21    request of such official or student;
22        (4) to any person for the purpose of research,
23    statistical reporting, or planning, provided that such

 

 

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1    research, statistical reporting, or planning is
2    permissible under and undertaken in accordance with the
3    federal Family Educational Rights and Privacy Act (20
4    U.S.C. 1232g);
5        (5) pursuant to a court order, provided that the
6    parent shall be given prompt written notice upon receipt
7    of such order of the terms of the order, the nature and
8    substance of the information proposed to be released in
9    compliance with such order and an opportunity to inspect
10    and copy the school student records and to challenge their
11    contents pursuant to Section 7;
12        (6) to any person as specifically required by State or
13    federal law;
14        (6.5) to juvenile authorities when necessary for the
15    discharge of their official duties who request information
16    prior to adjudication of the student and who certify in
17    writing that the information will not be disclosed to any
18    other party except as provided under law or order of
19    court. For purposes of this Section "juvenile authorities"
20    means: (i) a judge of the circuit court and members of the
21    staff of the court designated by the judge; (ii) parties
22    to the proceedings under the Juvenile Court Act of 1987
23    and their attorneys; (iii) probation officers and court
24    appointed advocates for the juvenile authorized by the
25    judge hearing the case; (iv) any individual, public or
26    private agency having custody of the child pursuant to

 

 

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1    court order; (v) any individual, public or private agency
2    providing education, medical or mental health service to
3    the child when the requested information is needed to
4    determine the appropriate service or treatment for the
5    minor; (vi) any potential placement provider when such
6    release is authorized by the court for the limited purpose
7    of determining the appropriateness of the potential
8    placement; (vii) law enforcement officers and prosecutors;
9    (viii) adult and juvenile prisoner review boards; (ix)
10    authorized military personnel; (x) individuals authorized
11    by court;
12        (7) subject to regulations of the State Board, in
13    connection with an emergency, to appropriate persons if
14    the knowledge of such information is necessary to protect
15    the health or safety of the student or other persons;
16        (7.5) to law enforcement officers for purposes of
17    review, recording, or contemporaneous access to security
18    or surveillance video, audio, or footage, to the extent
19    that the release, transfer, disclosure, or dissemination
20    is consistent with the federal Family Educational Rights
21    and Privacy Act (20 U.S.C. 1232g);
22        (8) to any person, with the prior specific dated
23    written consent of the parent designating the person to
24    whom the records may be released, provided that at the
25    time any such consent is requested or obtained, the parent
26    shall be advised in writing that he has the right to

 

 

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1    inspect and copy such records in accordance with Section
2    5, to challenge their contents in accordance with Section
3    7 and to limit any such consent to designated records or
4    designated portions of the information contained therein;
5        (9) to a governmental agency, or social service agency
6    contracted by a governmental agency, in furtherance of an
7    investigation of a student's school attendance pursuant to
8    the compulsory student attendance laws of this State,
9    provided that the records are released to the employee or
10    agent designated by the agency;
11        (10) to those SHOCAP committee members who fall within
12    the meaning of "state and local officials and
13    authorities", as those terms are used within the meaning
14    of the federal Family Educational Rights and Privacy Act,
15    for the purposes of identifying serious habitual juvenile
16    offenders and matching those offenders with community
17    resources pursuant to Section 5-145 of the Juvenile Court
18    Act of 1987, but only to the extent that the release,
19    transfer, disclosure, or dissemination is consistent with
20    the Family Educational Rights and Privacy Act;
21        (11) to the Department of Healthcare and Family
22    Services in furtherance of the requirements of Section
23    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
24    Section 10 of the School Breakfast and Lunch Program Act;
25        (12) to the State Board or another State government
26    agency or between or among State government agencies in

 

 

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1    order to evaluate or audit federal and State programs or
2    perform research and planning, but only to the extent that
3    the release, transfer, disclosure, or dissemination is
4    consistent with the federal Family Educational Rights and
5    Privacy Act (20 U.S.C. 1232g);
6        (12.5) if the student is in the legal custody of the
7    Department of Children and Family Services, to the
8    Department's Office of Education and Transition Services;
9    or
10        (13) under an intergovernmental agreement if an
11    elementary school district and a high school district have
12    attendance boundaries that overlap and are parties to an
13    intergovernmental agreement that allows the sharing of
14    student records and information between the districts.
15    However, the sharing of student information is allowed
16    under an intergovernmental agreement only if the
17    intergovernmental agreement meets all of the following
18    requirements:
19            (A) The sharing of student information must be
20        voluntary and at the discretion of each school
21        district that is a party to the agreement.
22            (B) The sharing of student information applies
23        only to students who have been enrolled in both
24        districts or would be enrolled in both districts based
25        on district attendance boundaries, and the student's
26        parent or guardian has expressed in writing that the

 

 

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1        student intends to enroll or has enrolled in the high
2        school district.
3            (C) The sharing of student information does not
4        exceed the scope of information that is shared among
5        schools in a unit school district. However, the terms
6        of an intergovernmental agreement may place further
7        limitations on the information that is allowed to be
8        shared.
9    (b) No information may be released pursuant to
10subparagraph (3) or (6) of paragraph (a) of this Section 6
11unless the parent receives prior written notice of the nature
12and substance of the information proposed to be released, and
13an opportunity to inspect and copy such records in accordance
14with Section 5 and to challenge their contents in accordance
15with Section 7. Provided, however, that such notice shall be
16sufficient if published in a local newspaper of general
17circulation or other publication directed generally to the
18parents involved where the proposed release of information is
19pursuant to subparagraph (6) of paragraph (a) of this Section
206 and relates to more than 25 students.
21    (c) A record of any release of information pursuant to
22this Section must be made and kept as a part of the school
23student record and subject to the access granted by Section 5.
24Such record of release shall be maintained for the life of the
25school student records and shall be available only to the
26parent and the official records custodian. Each record of

 

 

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1release shall also include:
2        (1) the nature and substance of the information
3    released;
4        (2) the name and signature of the official records
5    custodian releasing such information;
6        (3) the name of the person requesting such
7    information, the capacity in which such a request has been
8    made, and the purpose of such request;
9        (4) the date of the release; and
10        (5) a copy of any consent to such release.
11    (d) Except for the student and his or her parents or, if
12applicable, the Department's Office of Education and
13Transition Services, no person to whom information is released
14pursuant to this Section and no person specifically designated
15as a representative by a parent may permit any other person to
16have access to such information without a prior consent of the
17parent obtained in accordance with the requirements of
18subparagraph (8) of paragraph (a) of this Section.
19    (e) Nothing contained in this Act shall prohibit the
20publication of student directories which list student names,
21addresses and other identifying information and similar
22publications which comply with regulations issued by the State
23Board.
24(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21;
25102-813, eff. 5-13-22.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.