|
|||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
1 | AN ACT concerning education.
| ||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | Section 5. The Illinois School Student Records Act is | ||||||||||||||||||||||||||||||
5 | amended by changing Sections 2 and 5 and by adding Section 5.5 | ||||||||||||||||||||||||||||||
6 | as follows:
| ||||||||||||||||||||||||||||||
7 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||||||||||||||||||||||||||
8 | Sec. 2. As used in this Act,
| ||||||||||||||||||||||||||||||
9 | (a) "Student" means any person enrolled or previously | ||||||||||||||||||||||||||||||
10 | enrolled in a school.
| ||||||||||||||||||||||||||||||
11 | (b) "School" means any public preschool, day care center,
| ||||||||||||||||||||||||||||||
12 | kindergarten, nursery, elementary or secondary educational | ||||||||||||||||||||||||||||||
13 | institution,
vocational school, special educational facility | ||||||||||||||||||||||||||||||
14 | or any other elementary or
secondary educational agency or | ||||||||||||||||||||||||||||||
15 | institution and any person, agency or
institution which | ||||||||||||||||||||||||||||||
16 | maintains school student records from more than one school,
but | ||||||||||||||||||||||||||||||
17 | does not include a private or non-public school.
| ||||||||||||||||||||||||||||||
18 | (c) "State Board" means the State Board of Education.
| ||||||||||||||||||||||||||||||
19 | (d) "School Student Record" means any writing or
other | ||||||||||||||||||||||||||||||
20 | recorded information concerning a student
and by which a | ||||||||||||||||||||||||||||||
21 | student may be individually identified,
maintained by a school | ||||||||||||||||||||||||||||||
22 | or at its direction or by an employee of a
school, regardless | ||||||||||||||||||||||||||||||
23 | of how or where the information is stored.
The following shall |
| |||||||
| |||||||
1 | not be deemed school student records under
this Act: writings | ||||||
2 | or other recorded information maintained by an
employee of a | ||||||
3 | school or other person at the direction of a school for his or
| ||||||
4 | her exclusive use; provided that all such writings and other | ||||||
5 | recorded
information are destroyed not later than the student's | ||||||
6 | graduation or permanent
withdrawal from the school; and | ||||||
7 | provided further that no such records or
recorded information | ||||||
8 | may be released or disclosed to any person except a person
| ||||||
9 | designated by the school as
a substitute unless they are first | ||||||
10 | incorporated
in a school student record and made subject to all | ||||||
11 | of the
provisions of this Act.
Except as otherwise provided in | ||||||
12 | this Act, school
School student records shall not include a | ||||||
13 | confidential communication or information maintained by
law | ||||||
14 | enforcement professionals working in the school.
| ||||||
15 | (e) "Student Permanent Record" means the minimum personal
| ||||||
16 | information necessary to a school in the education of the | ||||||
17 | student
and contained in a school student record. Such | ||||||
18 | information
may include the student's name, birth date, | ||||||
19 | address, grades
and grade level, parents' names and addresses, | ||||||
20 | attendance
records, and such other entries as the State Board | ||||||
21 | may
require or authorize.
| ||||||
22 | (f) "Student Temporary Record" means all information | ||||||
23 | contained in
a school student record but not contained in
the | ||||||
24 | student permanent record. Such information may include
family | ||||||
25 | background information, intelligence test scores, aptitude
| ||||||
26 | test scores, psychological and personality test results, |
| |||||||
| |||||||
1 | teacher
evaluations, and other information of clear relevance | ||||||
2 | to the
education of the student, all subject to regulations of | ||||||
3 | the State Board.
The information shall include information | ||||||
4 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
5 | Reporting Act.
In addition, the student temporary record shall | ||||||
6 | include information regarding
serious disciplinary infractions | ||||||
7 | that resulted in expulsion, suspension, or the
imposition of | ||||||
8 | punishment or sanction. For purposes of this provision, serious
| ||||||
9 | disciplinary infractions means: infractions involving drugs, | ||||||
10 | weapons, or bodily
harm to another.
| ||||||
11 | (g) "Parent" means a person who is the natural parent of | ||||||
12 | the
student or other person who has the primary responsibility | ||||||
13 | for the
care and upbringing of the student. All rights and | ||||||
14 | privileges accorded
to a parent under this Act shall become | ||||||
15 | exclusively those of the student
upon his 18th birthday, | ||||||
16 | graduation from secondary school, marriage
or entry into | ||||||
17 | military service, whichever occurs first. Such
rights and | ||||||
18 | privileges may also be exercised by the student
at any time | ||||||
19 | with respect to the student's permanent school record.
| ||||||
20 | (h) "Confidential Communication" means the following: | ||||||
21 | (1) a communication otherwise protected by law as | ||||||
22 | privileged or confidential, including, but not limited to, | ||||||
23 | information communicated in confidence to a physician, | ||||||
24 | psychologist, or other psychotherapist; | ||||||
25 | (2) information communicated by a student or by a | ||||||
26 | parent or guardian of a student in confidence to a school |
| |||||||
| |||||||
1 | social worker, a school counselor, a school psychologist, | ||||||
2 | or an intern working under the direct supervision of a | ||||||
3 | school social worker, school counselor, or school | ||||||
4 | psychologist or to other school personnel; | ||||||
5 | (3) information communicated by a student or by a | ||||||
6 | parent or guardian of a student to a law enforcement | ||||||
7 | professional working in the school, except as provided by | ||||||
8 | court order; or | ||||||
9 | (4) information communicated to a school social | ||||||
10 | worker, school psychologist, or school counselor or to an | ||||||
11 | intern under the direct supervision of a school social | ||||||
12 | worker, school psychologist, or school counselor that is so | ||||||
13 | personal or sensitive in nature that it is presumed to have | ||||||
14 | been given in confidence because its disclosure may clearly | ||||||
15 | put the student at imminent risk of serious physical or | ||||||
16 | emotional harm.
| ||||||
17 | (Source: P.A. 92-295, eff. 1-1-02.)
| ||||||
18 | (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| ||||||
19 | Sec. 5. (a) A parent or any person specifically designated | ||||||
20 | as
a representative by a parent shall have the right to inspect | ||||||
21 | and
copy all school student permanent and temporary records of | ||||||
22 | that
parent's child. A student shall have the right to inspect | ||||||
23 | and copy
his or her school student permanent record. No person | ||||||
24 | who is prohibited
by an order of protection from inspecting or | ||||||
25 | obtaining school records of a
student pursuant to the Illinois |
| |||||||
| |||||||
1 | Domestic Violence Act of 1986, as now or
hereafter amended, | ||||||
2 | shall have any right of access to, or inspection of, the
school | ||||||
3 | records of that student. If a school's principal or person with
| ||||||
4 | like responsibilities or his designee has knowledge of such | ||||||
5 | order of
protection, the school shall prohibit access or | ||||||
6 | inspection of the student's
school records by such person.
| ||||||
7 | (b) Whenever access to any person is granted pursuant
to | ||||||
8 | paragraph (a) of this Section, at the option of either the | ||||||
9 | parent or the school
a qualified professional, who may be a | ||||||
10 | psychologist, counsellor or
other advisor, and who may be an | ||||||
11 | employee of the school or employed
by the parent, may be | ||||||
12 | present to interpret the information contained
in the student | ||||||
13 | temporary record. If the school requires that a
professional be | ||||||
14 | present, the school shall secure and bear any cost of the
| ||||||
15 | presence of the professional. If the parent so requests, the | ||||||
16 | school
shall secure and bear any cost of the presence of a | ||||||
17 | professional
employed by the school.
| ||||||
18 | (c) A parent's or student's request to inspect and copy | ||||||
19 | records,
or to allow a specifically designated representative | ||||||
20 | to inspect and
copy records, must be granted within a | ||||||
21 | reasonable time, and in no case later
than 15 school days after | ||||||
22 | the date of receipt of such request by the
official records | ||||||
23 | custodian.
| ||||||
24 | (d) The school may charge its reasonable costs for the
| ||||||
25 | copying of school student records, not to exceed the amounts | ||||||
26 | fixed
in schedules adopted by the State Board, to any person |
| |||||||
| |||||||
1 | permitted
to copy such records, except that no parent or | ||||||
2 | student shall be
denied a copy of school student records as | ||||||
3 | permitted under this
Section 5 for inability to bear the cost | ||||||
4 | of such copying.
| ||||||
5 | (e) Nothing contained in this Section 5 shall make
| ||||||
6 | available to a parent or student confidential letters and
| ||||||
7 | statements of recommendation furnished in connection with
| ||||||
8 | applications for employment to a post-secondary educational
| ||||||
9 | institution or the receipt of an honor or honorary recognition,
| ||||||
10 | provided such letters and statements are not used for purposes
| ||||||
11 | other than those for which they were specifically intended, and
| ||||||
12 | (1) were placed in a school student record
prior to | ||||||
13 | January 1, 1975; or
| ||||||
14 | (2) the student has waived access thereto after
being | ||||||
15 | advised of his right to obtain upon request the names
of | ||||||
16 | all such persons making such confidential recommendations.
| ||||||
17 | (f) (Blank).
Nothing contained in this Act shall be | ||||||
18 | construed to
impair or limit the confidentiality of:
| ||||||
19 | (1) Communications otherwise protected by law
as | ||||||
20 | privileged or confidential, including but not limited to,
| ||||||
21 | information communicated in confidence to a physician, | ||||||
22 | psychologist or other
psychotherapist; or
| ||||||
23 | (2) Information which is communicated by a student
or | ||||||
24 | parent in confidence to school personnel; or
| ||||||
25 | (3) Information which is communicated by a student, | ||||||
26 | parent, or guardian to
a law enforcement professional |
| |||||||
| |||||||
1 | working in the school, except as provided by
court order.
| ||||||
2 | (Source: P.A. 90-590, eff. 1-1-00.)
| ||||||
3 | (105 ILCS 10/5.5 new) | ||||||
4 | Sec. 5.5. Confidentiality. | ||||||
5 | (a) A confidential communication made by a student 12 years | ||||||
6 | of age or older or by a parent or a guardian of a student who is | ||||||
7 | 12 years of age or older must not be disclosed without the | ||||||
8 | voluntary written consent of the person who originally | ||||||
9 | disclosed the information. A confidential communication made | ||||||
10 | by a student under the age of 12 years may be disclosed to the | ||||||
11 | parent or guardian of the student. The consent shall state the | ||||||
12 | scope of the permissible disclosure and must be signed by the | ||||||
13 | person granting the consent, dated, and witnessed. A | ||||||
14 | confidential communication must not become part of the school | ||||||
15 | student record without the express written consent of the | ||||||
16 | person who originally disclosed the information or, in the case | ||||||
17 | of a student under the age of 12 years, by express written | ||||||
18 | consent of the parent or guardian of the student. | ||||||
19 | (b) A confidential communication may be disclosed without
| ||||||
20 | voluntary written consent, notwithstanding subsection (a) of | ||||||
21 | this Section, only as follows: | ||||||
22 | (1) In discussion with a therapist, a health care | ||||||
23 | provider, or school service personnel for the sole purpose | ||||||
24 | of and to the extent necessary for referring the student | ||||||
25 | for treatment or services. |
| |||||||
| |||||||
1 | (2) In accordance with the provisions of the Abused and | ||||||
2 | Neglected Child Reporting Act. | ||||||
3 | (3) When disclosure is necessary to avert a clear | ||||||
4 | imminent risk of serious physical or mental injury, | ||||||
5 | disease, or death upon the person who originally disclosed | ||||||
6 | the information, upon other persons in the school community | ||||||
7 | (including administrators, teachers, other school | ||||||
8 | personnel, parents, and students), or upon other persons, | ||||||
9 | information may be disclosed to law enforcement officials, | ||||||
10 | the school administration, an individual who is in imminent | ||||||
11 | danger, or, if the individual who is in imminent danger is | ||||||
12 | a minor, to the parent or guardian of that individual. | ||||||
13 | (4) When directed by a court order to testify in a | ||||||
14 | court of law or administrative hearing about a confidential | ||||||
15 | communication. | ||||||
16 | (c) Any person participating in good faith in the making of | ||||||
17 | a report under the Abused and Neglected Child Reporting Act or | ||||||
18 | in the disclosure of information contained in a confidential | ||||||
19 | communication under this Act shall have immunity from | ||||||
20 | liability, civil, criminal, or otherwise, that might result by | ||||||
21 | reason of such action, except in cases of willful or wanton | ||||||
22 | misconduct. For the purpose of any proceeding, civil or | ||||||
23 | criminal, arising out of a disclosure of information, the good | ||||||
24 | faith of a person making such a disclosure shall be presumed.
| ||||||
25 | Section 90. The State Mandates Act is amended by adding |
| |||||||
| |||||||
1 | Section 8.32 as follows: | ||||||
2 | (30 ILCS 805/8.32 new)
| ||||||
3 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
4 | of this Act, no reimbursement by the State is required for the | ||||||
5 | implementation of any mandate created by this amendatory Act of | ||||||
6 | the 95th General Assembly.
|