103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3166

 

Introduced 2/6/2024, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 10/2  from Ch. 122, par. 50-2
105 ILCS 10/5  from Ch. 122, par. 50-5

    Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include reports of psychological evaluations, including information on intelligence and personality, academic information obtained through test administration, observation, or interviews, elementary and secondary achievement-level test results, special education records, and records associated with a plan developed under Section 504 of the federal Rehabilitation Act of 1973. With respect to the term "Student Permanent Record", removes intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of a student from the information allowed to be included. Provides that if consent is provided by a student or the student's parent or guardian, then a copy of the student's school student records shall be provided at no cost to the Guardianship and Advocacy Commission, an independent service coordination agency, or Equip for Equality to establish access to adult disability services and related benefits.


LRB103 37559 RJT 67685 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3166LRB103 37559 RJT 67685 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 Sections 2 and 5 as follows:
 
6    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
7    (Text of Section before amendment by P.A. 102-466)
8    Sec. 2. As used in this Act:
9    (a) "Student" means any person enrolled or previously
10enrolled in a school.
11    (b) "School" means any public preschool, day care center,
12kindergarten, nursery, elementary or secondary educational
13institution, vocational school, special educational facility
14or any other elementary or secondary educational agency or
15institution and any person, agency or institution which
16maintains school student records from more than one school,
17but 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
20recorded information concerning a student and by which a
21student may be individually identified, maintained by a school
22or at its direction or by an employee of a school, regardless
23of how or where the information is stored. The following shall

 

 

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1not be deemed school student records under this Act: writings
2or other recorded information maintained by an employee of a
3school or other person at the direction of a school for his or
4her exclusive use; provided that all such writings and other
5recorded information are destroyed not later than the
6student's graduation or permanent withdrawal from the school;
7and provided further that no such records or recorded
8information may be released or disclosed to any person except
9a person designated by the school as a substitute unless they
10are first incorporated in a school student record and made
11subject to all of the provisions of this Act. School student
12records shall not include information maintained by law
13enforcement professionals working in the school.
14    (e) "Student Permanent Record" means the minimum personal
15information necessary to a school in the education of the
16student and contained in a school student record. Such
17information may include the student's name, birth date,
18address, grades, and grade level, parents' names and
19addresses, attendance records, reports of psychological
20evaluations, including information on intelligence and
21personality, academic information obtained through test
22administration, observation, or interviews, elementary and
23secondary achievement-level test results, special education
24records, records associated with a plan developed under
25Section 504 of the federal Rehabilitation Act of 1973, and
26such other entries as the State Board may require or

 

 

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1authorize.
2    (f) "Student Temporary Record" means all information
3contained in a school student record but not contained in the
4student permanent record. Such information may include family
5background information, intelligence test scores, aptitude
6test scores, psychological and personality test results,
7teacher evaluations, and other information of clear relevance
8to the education of the student, all subject to regulations of
9the State Board. The information shall include information
10provided under Section 8.6 of the Abused and Neglected Child
11Reporting Act and information contained in service logs
12maintained by a local education agency under subsection (d) of
13Section 14-8.02f of the School Code. In addition, the student
14temporary record shall include information regarding serious
15disciplinary infractions that resulted in expulsion,
16suspension, or the imposition of punishment or sanction. For
17purposes of this provision, serious disciplinary infractions
18means: infractions involving drugs, weapons, or bodily harm to
19another.
20    (g) "Parent" means a person who is the natural parent of
21the student or other person who has the primary responsibility
22for the care and upbringing of the student. All rights and
23privileges accorded to a parent under this Act shall become
24exclusively those of the student upon his 18th birthday,
25graduation from secondary school, marriage or entry into
26military service, whichever occurs first. Such rights and

 

 

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1privileges may also be exercised by the student at any time
2with respect to the student's permanent school record.
3    (h) "Department" means the Department of Children and
4Family Services.
5(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
6102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
7    (Text of Section after amendment by P.A. 102-466)
8    Sec. 2. As used in this Act:
9    (a) "Student" means any person enrolled or previously
10enrolled in a school.
11    (b) "School" means any public preschool, day care center,
12kindergarten, nursery, elementary or secondary educational
13institution, vocational school, special educational facility
14or any other elementary or secondary educational agency or
15institution and any person, agency or institution which
16maintains school student records from more than one school,
17but 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
20recorded information concerning a student and by which a
21student may be individually identified, maintained by a school
22or at its direction or by an employee of a school, regardless
23of how or where the information is stored. The following shall
24not be deemed school student records under this Act: writings
25or other recorded information maintained by an employee of a

 

 

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1school or other person at the direction of a school for his or
2her exclusive use; provided that all such writings and other
3recorded information are destroyed not later than the
4student's graduation or permanent withdrawal from the school;
5and provided further that no such records or recorded
6information may be released or disclosed to any person except
7a person designated by the school as a substitute unless they
8are first incorporated in a school student record and made
9subject to all of the provisions of this Act. School student
10records shall not include information maintained by law
11enforcement professionals working in the school.
12    (e) "Student Permanent Record" means the minimum personal
13information necessary to a school in the education of the
14student and contained in a school student record. Such
15information may include the student's name, birth date,
16address, grades, and grade level, parents' names and
17addresses, attendance records, reports of psychological
18evaluations, including information on intelligence and
19personality, academic information obtained through test
20administration, observation, or interviews, elementary and
21secondary achievement-level test results, special education
22records, records associated with a plan developed under
23Section 504 of the federal Rehabilitation Act of 1973, and
24such other entries as the State Board may require or
25authorize.
26    (f) "Student Temporary Record" means all information

 

 

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1contained in a school student record but not contained in the
2student permanent record. Such information may include family
3background information, intelligence test scores, aptitude
4test scores, psychological and personality test results,
5teacher evaluations, and other information of clear relevance
6to the education of the student, all subject to regulations of
7the State Board. The information shall include all of the
8following:
9        (1) Information provided under Section 8.6 of the
10    Abused and Neglected Child Reporting Act and information
11    contained in service logs maintained by a local education
12    agency under subsection (d) of Section 14-8.02f of the
13    School Code.
14        (2) Information regarding serious disciplinary
15    infractions that resulted in expulsion, suspension, or the
16    imposition of punishment or sanction. For purposes of this
17    provision, serious disciplinary infractions means:
18    infractions involving drugs, weapons, or bodily harm to
19    another.
20        (3) Information concerning a student's status and
21    related experiences as a parent, expectant parent, or
22    victim of domestic or sexual violence, as defined in
23    Article 26A of the School Code, including a statement of
24    the student or any other documentation, record, or
25    corroborating evidence and the fact that the student has
26    requested or obtained assistance, support, or services

 

 

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1    related to that status. Enforcement of this paragraph (3)
2    shall follow the procedures provided in Section 26A-40 of
3    the School Code.
4    (g) "Parent" means a person who is the natural parent of
5the student or other person who has the primary responsibility
6for the care and upbringing of the student. All rights and
7privileges accorded to a parent under this Act shall become
8exclusively those of the student upon his 18th birthday,
9graduation from secondary school, marriage or entry into
10military service, whichever occurs first. Such rights and
11privileges may also be exercised by the student at any time
12with respect to the student's permanent school record.
13    (h) "Department" means the Department of Children and
14Family Services.
15(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
16102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
175-13-22.)
 
18    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
19    Sec. 5. (a) A parent or any person specifically designated
20as a representative by a parent and, if the child is in the
21legal custody of the Department of Children and Family
22Services, the Department's Office of Education and Transition
23Services shall have the right to inspect and copy all school
24student permanent and temporary records of that child. A
25student shall have the right to inspect and copy his or her

 

 

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1school student permanent record. No person who is prohibited
2by an order of protection from inspecting or obtaining school
3records of a student pursuant to the Illinois Domestic
4Violence Act of 1986, as now or hereafter amended, shall have
5any right of access to, or inspection of, the school records of
6that student. If a school's principal or person with like
7responsibilities or his designee has knowledge of such order
8of protection, the school shall prohibit access or inspection
9of the student's school records by such person.
10    (b) Whenever access to any person is granted pursuant to
11paragraph (a) of this Section, at the option of that person or
12the school, a qualified professional, who may be a
13psychologist, counsellor or other advisor, and who may be an
14employee of the school or employed by the parent or the
15Department, may be present to interpret the information
16contained in the student temporary record. If the school
17requires that a professional be present, the school shall
18secure and bear any cost of the presence of the professional.
19If the parent or the Department so requests, the school shall
20secure and bear any cost of the presence of a professional
21employed by the school.
22    (c) A parent's or student's or, if applicable, the
23Department's Office of Education and Transition Services'
24request to inspect and copy records, or to allow a
25specifically designated representative to inspect and copy
26records, must be granted within a reasonable time, and in no

 

 

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1case later than 10 business days after the date of receipt of
2such request by the official records custodian.
3    (c-5) The time for response under this Section may be
4extended by the school district by not more than 5 business
5days from the original due date for any of the following
6reasons:
7        (1) the requested records are stored in whole or in
8    part at other locations than the office having charge of
9    the requested records;
10        (2) the request requires the collection of a
11    substantial number of specified records;
12        (3) the request is couched in categorical terms and
13    requires an extensive search for the records responsive to
14    it;
15        (4) the requested records have not been located in the
16    course of routine search and additional efforts are being
17    made to locate them;
18        (5) the request for records cannot be complied with by
19    the school district within the time limits prescribed by
20    subsection (c) of this Section without unduly burdening or
21    interfering with the operations of the school district; or
22        (6) there is a need for consultation, which shall be
23    conducted with all practicable speed, with another public
24    body or school district or among 2 or more components of a
25    public body or school district having a substantial
26    interest in the determination or in the subject matter of

 

 

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1    the request.
2    The person making a request and the school district may
3agree in writing to extend the time for compliance for a period
4to be determined by the parties. If the requester and the
5school district agree to extend the period for compliance, a
6failure by the school district to comply with any previous
7deadlines shall not be treated as a denial of the request for
8the records.
9    (d) The school may charge its reasonable costs for the
10copying of school student records, not to exceed the amounts
11fixed in schedules adopted by the State Board, to any person
12permitted to copy such records, except that no parent or
13student shall be denied a copy of school student records as
14permitted under this Section 5 for inability to bear the cost
15of such copying. If consent is provided by a student or the
16student's parent or guardian, then a copy of the student's
17school student records shall be provided at no cost to the
18Guardianship and Advocacy Commission, an independent service
19coordination agency, or Equip for Equality to establish access
20to adult disability services and related benefits.
21    (e) Nothing contained in this Section 5 shall make
22available to a parent or student or, if applicable, the
23Department's Office of Education and Transition Services
24confidential letters and statements of recommendation
25furnished in connection with applications for employment to a
26post-secondary educational institution or the receipt of an

 

 

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1honor or honorary recognition, provided such letters and
2statements are not used for purposes other than those for
3which they were specifically intended, and
4        (1) were placed in a school student record prior to
5    January 1, 1975; or
6        (2) the student has waived access thereto after being
7    advised of his right to obtain upon request the names of
8    all such persons making such confidential recommendations.
9    (f) Nothing contained in this Act shall be construed to
10impair or limit the confidentiality of:
11        (1) Communications otherwise protected by law as
12    privileged or confidential, including but not limited to,
13    information communicated in confidence to a physician,
14    psychologist or other psychotherapist, school social
15    worker, school counselor, school psychologist, or school
16    social worker, school counselor, or school psychologist
17    intern who works under the direct supervision of a school
18    social worker, school counselor, or school psychologist;
19    or
20        (2) Information which is communicated by a student or
21    parent in confidence to school personnel; or
22        (3) Information which is communicated by a student,
23    parent, or guardian to a law enforcement professional
24    working in the school, except as provided by court order.
25    (g) No school employee shall be subjected to adverse
26employment action, the threat of adverse employment action, or

 

 

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1any manner of discrimination because the employee is acting or
2has acted to protect communications as privileged or
3confidential pursuant to applicable provisions of State or
4federal law or rule or regulation.
5(Source: P.A. 102-199, eff. 7-1-22.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.