|
|
|
|
HB0326 Engrossed |
|
LRB096 04263 NHT 14309 b |
|
|
| 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 Section 5 as follows:
|
| 6 |
| (105 ILCS 10/5) (from Ch. 122, par. 50-5)
|
| 7 |
| Sec. 5.
(a) A parent or any person specifically designated |
| 8 |
| as
a representative by a parent shall have the right to inspect |
| 9 |
| and
copy all school student permanent and temporary records of |
| 10 |
| that
parent's child. A student shall have the right to inspect |
| 11 |
| and copy
his or her school student permanent record. No person |
| 12 |
| who is prohibited
by an order of protection from inspecting or |
| 13 |
| obtaining school records of a
student pursuant to the Illinois |
| 14 |
| Domestic Violence Act of 1986, as now or
hereafter amended, |
| 15 |
| shall have any right of access to, or inspection of, the
school |
| 16 |
| records of that student. If a school's principal or person with
|
| 17 |
| like responsibilities or his designee has knowledge of such |
| 18 |
| order of
protection, the school shall prohibit access or |
| 19 |
| inspection of the student's
school records by such person.
|
| 20 |
| (b) Whenever access to any person is granted pursuant
to |
| 21 |
| paragraph (a) of this Section, at the option of either the |
| 22 |
| parent or the school
a qualified professional, who may be a |
| 23 |
| psychologist, counsellor or
other advisor, and who may be an |
|
|
|
HB0326 Engrossed |
- 2 - |
LRB096 04263 NHT 14309 b |
|
|
| 1 |
| employee of the school or employed
by the parent, may be |
| 2 |
| present to interpret the information contained
in the student |
| 3 |
| temporary record. If the school requires that a
professional be |
| 4 |
| present, the school shall secure and bear any cost of the
|
| 5 |
| presence of the professional. If the parent so requests, the |
| 6 |
| school
shall secure and bear any cost of the presence of a |
| 7 |
| professional
employed by the school.
|
| 8 |
| (c) A parent's or student's request to inspect and copy |
| 9 |
| records,
or to allow a specifically designated representative |
| 10 |
| to inspect and
copy records, must be granted within a |
| 11 |
| reasonable time, and in no case later
than 15 school days after |
| 12 |
| the date of receipt of such request by the
official records |
| 13 |
| custodian.
|
| 14 |
| (d) The school may charge its reasonable costs for the
|
| 15 |
| copying of school student records, not to exceed the amounts |
| 16 |
| fixed
in schedules adopted by the State Board, to any person |
| 17 |
| permitted
to copy such records, except that no parent or |
| 18 |
| student shall be
denied a copy of school student records as |
| 19 |
| permitted under this
Section 5 for inability to bear the cost |
| 20 |
| of such copying.
|
| 21 |
| (e) Nothing contained in this Section 5 shall make
|
| 22 |
| available to a parent or student confidential letters and
|
| 23 |
| statements of recommendation furnished in connection with
|
| 24 |
| applications for employment to a post-secondary educational
|
| 25 |
| institution or the receipt of an honor or honorary recognition,
|
| 26 |
| provided such letters and statements are not used for purposes
|
|
|
|
HB0326 Engrossed |
- 3 - |
LRB096 04263 NHT 14309 b |
|
|
| 1 |
| other than those for which they were specifically intended, and
|
| 2 |
| (1) were placed in a school student record
prior to |
| 3 |
| January 1, 1975; or
|
| 4 |
| (2) the student has waived access thereto after
being |
| 5 |
| advised of his right to obtain upon request the names
of |
| 6 |
| all such persons making such confidential recommendations.
|
| 7 |
| (f) Nothing contained in this Act shall be construed to
|
| 8 |
| impair or limit the confidentiality of:
|
| 9 |
| (1) Communications otherwise protected by law
as |
| 10 |
| privileged or confidential, including but not limited to,
|
| 11 |
| information communicated in confidence to a physician, |
| 12 |
| psychologist, or other
psychotherapist, school social |
| 13 |
| worker, school counselor, school psychologist, or school |
| 14 |
| social work, school counselor, or school psychologist |
| 15 |
| intern working under the direct supervision of a school |
| 16 |
| social worker, school counselor, or school psychologist; |
| 17 |
| or
|
| 18 |
| (2) Information which is communicated by a student
or |
| 19 |
| parent in confidence to school personnel; or
|
| 20 |
| (3) Information which is communicated by a student, |
| 21 |
| parent, or guardian to
a law enforcement professional |
| 22 |
| working in the school, except as provided by
court order.
|
| 23 |
| (g) No school employee shall be subjected to adverse |
| 24 |
| employment action, the threat of adverse employment action, or |
| 25 |
| any manner of discrimination
because the employee is acting or |
| 26 |
| has acted to protect communications as privileged or |