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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3019
Introduced 2/6/2004, by Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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105 ILCS 10/6 |
from Ch. 122, par. 50-6 |
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Amends the Illinois School Student Records Act. Makes a technical change in a Section concerning the nondisclosure of records.
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A BILL FOR
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SB3019 |
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LRB093 19881 NHT 45624 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois School Student Records Act is |
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| amended by changing Section 6 as follows:
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| (105 ILCS 10/6) (from Ch. 122, par. 50-6)
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| Sec. 6. (a) No school student records or information
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| contained therein may be released, transferred, disclosed or |
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| otherwise
disseminated, except as follows:
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| (1) To a parent or student or person specifically
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| designated as a representative by a parent, as provided in |
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| paragraph (a)
of Section 5 of this Act ;
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| (2) To an employee or official of the school or
school |
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| district or State Board with current demonstrable |
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| educational
or administrative interest in the student, in |
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| furtherance of such interest;
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| (3) To the official records custodian of another school |
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| within
Illinois or an official with similar |
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| responsibilities of a school
outside Illinois, in which the |
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| student has enrolled, or intends to enroll,
upon the |
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| request of such official or student;
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| (4) To any person for the purpose of research,
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| statistical reporting or planning, provided that no |
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| student or parent can be
identified from the information |
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| released and the person to whom the
information is released |
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| signs an affidavit agreeing to comply with all
applicable |
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| statutes and rules pertaining to school student records;
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| (5) Pursuant to a court order, provided that the
parent |
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| shall be given prompt written notice upon receipt
of such |
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| order of the terms of the order, the nature and
substance |
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| of the information proposed to be released
in compliance |
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| with such order and an opportunity to
inspect and copy the |
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SB3019 |
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LRB093 19881 NHT 45624 b |
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| school student records and to
challenge their contents |
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| pursuant to Section 7;
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| (6) To any person as specifically required by State
or |
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| federal law;
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| (6.5) To juvenile authorities
when necessary for the |
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| discharge of their official duties
who request information |
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| prior to
adjudication of the student and who certify in |
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| writing that the information
will not be disclosed to any |
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| other party except as provided under law or order
of court. |
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| For purposes of this Section "juvenile authorities" means:
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| (i) a judge of
the circuit court and members of the staff |
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| of the court designated by the
judge; (ii) parties to the |
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| proceedings under the Juvenile Court Act of 1987 and
their |
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| attorneys; (iii) probation
officers and court appointed |
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| advocates for the juvenile authorized by the judge
hearing |
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| the case; (iv) any individual, public or private agency |
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| having custody
of the child pursuant to court order; (v) |
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| any individual, public or private
agency providing |
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| education, medical or mental health service to the child |
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| when
the requested information is needed to determine the |
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| appropriate service or
treatment for the minor; (vi) any |
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| potential placement provider when such
release
is |
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| authorized by the court for the limited purpose of |
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| determining the
appropriateness of the potential |
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| placement; (vii) law enforcement officers and
prosecutors;
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| (viii) adult and juvenile prisoner review boards; (ix) |
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| authorized military
personnel; (x)
individuals authorized |
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| by court;
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| (7) Subject to regulations of the State Board,
in |
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| connection with an emergency, to appropriate persons
if the |
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| knowledge of such information is necessary to protect
the |
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| health or safety of the student or other
persons;
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| (8) To any person, with the prior specific dated
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| written consent of the parent designating the person
to |
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| whom the records may be released, provided that at
the time |
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| any such consent is requested or obtained,
the parent shall |
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SB3019 |
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LRB093 19881 NHT 45624 b |
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| be advised in writing that he has the right
to inspect and |
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| copy such records in accordance with Section 5, to
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| challenge their contents in accordance with Section 7 and |
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| to limit any such
consent to
designated records or |
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| designated portions of the information contained
therein;
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| (9) To a governmental agency, or social service agency |
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| contracted by a
governmental agency, in furtherance of an |
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| investigation of a student's school
attendance pursuant to |
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| the compulsory student attendance laws of this State,
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| provided that the records are released to the employee or |
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| agent designated by
the agency;
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| (10) To those SHOCAP committee members who fall within |
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| the meaning of
"state and local officials and authorities", |
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| as those terms are used within the
meaning of the federal |
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| Family Educational Rights and Privacy Act, for
the
purposes |
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| of identifying serious habitual juvenile offenders and |
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| matching those
offenders with community resources pursuant |
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| to Section 5-145 of the Juvenile
Court Act of 1987, but |
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| only to the extent that the release, transfer,
disclosure, |
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| or dissemination is consistent with the Family Educational |
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| Rights
and Privacy Act; or
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| (11) To the Department of Public Aid in furtherance of |
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| the
requirements of Section 2-3.131, 3-14.29, 10-28, or |
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| 34-18.26 of
the School Code or Section 10 of the School |
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| Breakfast and Lunch
Program Act.
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| (b) No information may be released pursuant to |
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| subparagraphs (3) or
(6) of paragraph (a) of this Section 6 |
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| unless the parent receives
prior written notice of the nature |
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| and substance of the information
proposed to be released, and |
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| an opportunity to inspect
and copy such records in accordance |
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| with Section 5 and to
challenge their contents in accordance |
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| with Section 7. Provided, however,
that such notice shall be |
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| sufficient if published in a local newspaper of
general |
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| circulation or other publication directed generally to the |
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| parents
involved where the proposed release of information is |
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| pursuant to
subparagraph 6 of paragraph (a) in this Section 6 |
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| and relates to more
than 25 students.
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| (c) A record of any release of information pursuant
to this |
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| Section must be made and kept as a part of the
school student |
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| record and subject to the access granted by Section 5.
Such |
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| record of release shall be maintained for the life of the
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| school student records and shall be available only to the |
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| parent
and the official records custodian.
Each record of |
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| release shall also include:
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| (1) The nature and substance of the information |
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| released;
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| (2) The name and signature of the official records
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| custodian releasing such information;
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| (3) The name of the person requesting such information,
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| the capacity in which such a request has been made, and the |
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| purpose of such
request;
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| (4) The date of the release; and
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| (5) A copy of any consent to such release.
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| (d) Except for the student and his parents, no person
to |
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| whom information is released pursuant to this Section
and no |
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| person specifically designated as a representative by a parent
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| may permit any other person to have access to such information |
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| without a prior
consent of the parent obtained in accordance |
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| with the requirements
of subparagraph (8) of paragraph (a) of |
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| this Section.
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| (e) Nothing contained in this Act shall prohibit the
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| publication of student directories which list student names, |
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| addresses
and other identifying information and similar |
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| publications which
comply with regulations issued by the State |
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| Board.
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| (Source: P.A. 93-404, eff. 8-1-03.)
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