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| 1 | AN ACT concerning children.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Missing Children Records Act is amended by | ||||||
| 5 | changing Section 5 as follows:
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| 6 | (325 ILCS 50/5) (from Ch. 23, par. 2285)
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| 7 | Sec. 5. Duties of school or other entity
School duties. | ||||||
| 8 | (a) Upon notification by the Department of a
person's | ||||||
| 9 | disappearance, a school, preschool educational program, child | ||||||
| 10 | care facility, or day care home or group day care home in which | ||||||
| 11 | the person is currently or was
previously enrolled shall flag | ||||||
| 12 | the record of that person in such a manner
that whenever a copy | ||||||
| 13 | of or information regarding the record is requested,
the school | ||||||
| 14 | or other entity shall be alerted to the fact that the record is | ||||||
| 15 | that of a
missing person. The school or other entity shall | ||||||
| 16 | immediately report to the
Department any request concerning | ||||||
| 17 | flagged records or knowledge
as to the whereabouts of any | ||||||
| 18 | missing person. Upon notification by the
Department that the | ||||||
| 19 | missing person has been recovered, the school or other entity
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| 20 | shall
remove the flag from the person's record.
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| 21 | (b) (1) Upon enrollment of a child
student for the first | ||||||
| 22 | time in a particular
elementary or secondary school, public or | ||||||
| 23 | private preschool educational program, public or private child | ||||||
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| 1 | care facility licensed under the Child Care Act of 1969, or day | ||||||
| 2 | care home or group day care home licensed under the Child Care | ||||||
| 3 | Act of 1969, that school or other entity shall notify in | ||||||
| 4 | writing the
person enrolling the child
student that within 30 | ||||||
| 5 | days he must provide either (i)
a certified copy of the child's
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| 6 | student's birth certificate or (ii) other reliable
proof, as | ||||||
| 7 | determined by the Department, of the child's
student's identity | ||||||
| 8 | and age
and an affidavit explaining the inability to produce a | ||||||
| 9 | copy of the birth
certificate. Other reliable proof of the | ||||||
| 10 | child's
student's identity and age shall
include a passport, | ||||||
| 11 | visa or other governmental documentation of the child's
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| 12 | identity.
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| 13 | (2) Upon the failure of a person enrolling a child
student
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| 14 | to
comply with subsection (b) (1), the school or other entity
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| 15 | shall immediately notify the
Department or local law | ||||||
| 16 | enforcement agency of such failure, and shall
notify the person | ||||||
| 17 | enrolling the child
student in writing that he has 10
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| 18 | additional days to comply.
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| 19 | (3) The school or other entity shall immediately report to | ||||||
| 20 | the Department any affidavit
received pursuant to this | ||||||
| 21 | subsection which appears inaccurate or suspicious
in form or | ||||||
| 22 | content.
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| 23 | (c) Within 14 days after enrolling a transfer student, the | ||||||
| 24 | elementary or
secondary school shall request directly from the | ||||||
| 25 | student's previous school
a certified copy of his record. The | ||||||
| 26 | requesting school shall exercise due
diligence in obtaining the | ||||||
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| 1 | copy of the record requested. Any elementary
or secondary | ||||||
| 2 | school requested to forward a copy of a transferring student's
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| 3 | record to the new school shall comply within 10 days of receipt | ||||||
| 4 | of the
request unless the record has been flagged pursuant to | ||||||
| 5 | subsection (a), in
which case the copy shall not be forwarded | ||||||
| 6 | and the requested school shall
notify the Department or local | ||||||
| 7 | law enforcement authority of the request.
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| 8 | (Source: P.A. 84-1430.)
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