Full Text of HB5188 95th General Assembly
HB5188eng 95TH GENERAL ASSEMBLY
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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 | 5 |
| amended by changing Section 2 as follows:
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| (105 ILCS 10/2) (from Ch. 122, par. 50-2)
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| Sec. 2. As used in this Act : ,
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| (a) "Student" means any person enrolled or previously | 9 |
| enrolled in a school.
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| (b) "School" means any public preschool, day care center,
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| kindergarten, nursery, elementary or secondary educational | 12 |
| institution,
vocational school, special educational facility | 13 |
| or any other elementary or
secondary educational agency or | 14 |
| institution and any person, agency or
institution which | 15 |
| maintains school student records from more than one school,
but | 16 |
| does not include a private or non-public school.
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| (c) "State Board" means the State Board of Education.
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| (d) "School Student Record" means any writing or
other | 19 |
| recorded information concerning a student
and by which a | 20 |
| student may be individually identified,
maintained by a school | 21 |
| or at its direction or by an employee of a
school, regardless | 22 |
| of how or where the information is stored.
The following shall | 23 |
| not be deemed school student records under
this Act: writings |
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| or other recorded information maintained by an
employee of a | 2 |
| school or other person at the direction of a school for his or
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| her exclusive use; provided that all such writings and other | 4 |
| recorded
information are destroyed not later than the student's | 5 |
| graduation or permanent
withdrawal from the school; and | 6 |
| provided further that no such records or
recorded information | 7 |
| may be released or disclosed to any person except a person
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| designated by the school as
a substitute unless they are first | 9 |
| incorporated
in a school student record and made subject to all | 10 |
| of the
provisions of this Act.
School student records shall not | 11 |
| include information maintained by
law enforcement | 12 |
| professionals working in the school.
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| (e) "Student Permanent Record" means the minimum personal
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| information necessary to a school in the education of the | 15 |
| student
and contained in a school student record. Such | 16 |
| information
may include the student's name, birth date, | 17 |
| address, grades
and grade level, parents' names and addresses, | 18 |
| attendance
records, and such other entries as the State Board | 19 |
| may
require or authorize.
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| (f) "Student Temporary Record" means all information | 21 |
| contained in
a school student record but not contained in
the | 22 |
| student permanent record. Such information may include
family | 23 |
| background information, intelligence test scores, aptitude
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| test scores, psychological and personality test results, | 25 |
| teacher
evaluations, and other information of clear relevance | 26 |
| to the
education of the student, all subject to regulations of |
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| the State Board.
The information shall include information | 2 |
| provided under Section 8.6 of the
Abused and Neglected Child | 3 |
| Reporting Act.
In addition, the student temporary record shall | 4 |
| include information regarding
serious disciplinary infractions | 5 |
| that resulted in expulsion, suspension, or the
imposition of | 6 |
| punishment or sanction. For purposes of this provision, serious
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| disciplinary infractions means: infractions involving drugs, | 8 |
| weapons, or bodily
harm to another.
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| (g) "Parent" means a person who is the natural parent of | 10 |
| the
student or other person who has the primary responsibility | 11 |
| for the
care and upbringing of the student. All rights and | 12 |
| privileges accorded
to a parent under this Act shall become | 13 |
| exclusively those of the student
upon his 18th birthday, | 14 |
| graduation from secondary school, marriage
or entry into | 15 |
| military service, whichever occurs first. Such
rights and | 16 |
| privileges may also be exercised by the student
at any time | 17 |
| with respect to the student's permanent school record.
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| (h) For purposes of subsection (f) of Section 5 of this | 19 |
| Act, "psychotherapist" means a person who is a school social | 20 |
| worker, school psychologist, or school counselor, as those | 21 |
| terms are defined in the School Code, or an intern working | 22 |
| under the direct supervision of a school social worker, school | 23 |
| psychologist, or school counselor. | 24 |
| (Source: P.A. 92-295, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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