Full Text of SB3092 98th General Assembly
SB3092ham001 98TH GENERAL ASSEMBLY | Rep. Scott Drury Filed: 5/27/2014
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| 1 | | AMENDMENT TO SENATE BILL 3092
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3092 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois School Student Records Act is | 5 | | amended by changing Sections 2 and 6 as follows:
| 6 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 7 | | Sec. 2.
As used in this Act,
| 8 | | (a) "Student" means any person enrolled or previously | 9 | | enrolled in a school.
| 10 | | (b) "School" means any public preschool, day care center,
| 11 | | 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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| 1 | | (c) "State Board" means the State Board of Education.
| 2 | | (d) "School Student Record" means any writing or
other | 3 | | recorded information concerning a student
and by which a | 4 | | student may be individually or personally identified,
| 5 | | maintained by a school or at its direction or by an employee of | 6 | | a
school, regardless of how or where the information is stored. | 7 | | The following shall not be deemed school student records under
| 8 | | this Act: writings or other recorded information maintained by | 9 | | an
employee of a school or other person at the direction of a | 10 | | school for his or
her exclusive use; provided that all such | 11 | | writings and other recorded
information are destroyed not later | 12 | | than the student's graduation or permanent
withdrawal from the | 13 | | school; and provided further that no such records or
recorded | 14 | | information may be released or disclosed to any person except a | 15 | | person
designated by the school as
a substitute unless they are | 16 | | first incorporated
in a school student record and made subject | 17 | | to all of the
provisions of this Act.
School student records | 18 | | shall not include information maintained by
law enforcement | 19 | | professionals working in the school.
| 20 | | (e) "Student Permanent Record" means the minimum personal
| 21 | | information necessary to a school in the education of the | 22 | | student
and contained in a school student record. Such | 23 | | information
may include the student's name, birth date, | 24 | | address, grades
and grade level, parents' names and addresses, | 25 | | attendance
records, and such other entries as the State Board | 26 | | may
require or authorize.
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| 1 | | (f) "Student Temporary Record" means all information | 2 | | contained in
a school student record but not contained in
the | 3 | | student permanent record. Such information may include
family | 4 | | background information, intelligence test scores, aptitude
| 5 | | test scores, psychological and personality test results, | 6 | | teacher
evaluations, and other information of clear relevance | 7 | | to the
education of the student, all subject to regulations of | 8 | | the State Board.
The information shall include information | 9 | | provided under Section 8.6 of the
Abused and Neglected Child | 10 | | Reporting Act.
In addition, the student temporary record shall | 11 | | include information regarding
serious disciplinary infractions | 12 | | that resulted in expulsion, suspension, or the
imposition of | 13 | | punishment or sanction. For purposes of this provision, serious
| 14 | | disciplinary infractions means: infractions involving drugs, | 15 | | weapons, or bodily
harm to another.
| 16 | | (g) "Parent" means a person who is the natural parent of | 17 | | the
student or other person who has the primary responsibility | 18 | | for the
care and upbringing of the student. All rights and | 19 | | privileges accorded
to a parent under this Act shall become | 20 | | exclusively those of the student
upon his 18th birthday, | 21 | | graduation from secondary school, marriage
or entry into | 22 | | military service, whichever occurs first. Such
rights and | 23 | | privileges may also be exercised by the student
at any time | 24 | | with respect to the student's permanent school record.
| 25 | | (h) "Eligible Student" means a student who has reached 18 | 26 | | years of age. |
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| 1 | | (Source: P.A. 92-295, eff. 1-1-02.)
| 2 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| 3 | | Sec. 6. (a) No school student records or information
| 4 | | contained therein may be released, transferred, disclosed or | 5 | | otherwise
disseminated, except as follows:
| 6 | | (1) To a parent or student or person specifically
| 7 | | designated as a representative by a parent, as provided in | 8 | | paragraph (a)
of Section 5 . ;
| 9 | | (2) To an employee or official of the school or
school | 10 | | district or State Board with current demonstrable | 11 | | educational
or administrative interest in the student, in | 12 | | furtherance of such interest . ;
| 13 | | (3) To the official records custodian of another school | 14 | | within
Illinois or an official with similar | 15 | | responsibilities of a school
outside Illinois, in which the | 16 | | student has enrolled, or intends to enroll,
upon the | 17 | | request of such official or student . ;
| 18 | | (4) Except as set forth in subparagraph (4.5) of this | 19 | | paragraph (a), to To any person or entity for the purpose | 20 | | of research,
statistical reporting, or planning, audit, or | 21 | | evaluation, provided that (i) such research, statistical | 22 | | reporting, or planning , audit, or evaluation is | 23 | | permissible under and undertaken in accordance with the | 24 | | federal Family Educational Rights and Privacy Act (20 | 25 | | U.S.C. 1232g) and (ii) the school board, school district, |
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| 1 | | school, or State Board requires the person or entity to do | 2 | | the following: | 3 | | (A) Not use, share, disclose, or compile the school | 4 | | student records or information contained therein for | 5 | | any purpose other than that for which the information | 6 | | is provided, which purpose shall be set forth in | 7 | | writing by the school board, school district, school, | 8 | | or State Board and signed by the person or entity. | 9 | | (B) Not use, share, disclose, or compile the school | 10 | | student records or information contained therein for | 11 | | any commercial purpose, including, but not limited to, | 12 | | advertising or profiling. | 13 | | (C) Not, in any way whatsoever, allow, facilitate, | 14 | | or aid in the marketing or advertising of a product or | 15 | | service to a student whose school student records or | 16 | | the information contained therein has been received by | 17 | | the person or entity. | 18 | | (D) Take all reasonable steps to protect the school | 19 | | student records and information contained therein in a | 20 | | manner that meets or exceeds reasonable and | 21 | | appropriate commercial best practices. Where the | 22 | | school student records or information contained | 23 | | therein is maintained in an electronic format, | 24 | | reasonable and appropriate commercial best practices | 25 | | include, at a minimum, all of the following: | 26 | | (i) Valid encryption processes for data at |
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| 1 | | rest in the person or entity's own data storage | 2 | | systems that are consistent with NIST Special | 3 | | Publication 800-111, Guide to Storage Encryption | 4 | | Technologies for End User Devices. | 5 | | (ii) Valid encryption processes for data in | 6 | | motion on public networks that comply, as | 7 | | appropriate, with NIST Special Publications | 8 | | 800-52, Guidelines for the Selection and Use of | 9 | | Transport Layer Security (TLS) Implementations; | 10 | | NIST Special Publication 800-77, Guide to IPsec | 11 | | VPNs; or NIST Special Publication 800-113, Guide | 12 | | to SSL VPNs, or others that are Federal Information | 13 | | Processing Standards (FIPS) Publication 140-2 | 14 | | validated. | 15 | | (E) Delete a school student record and information | 16 | | contained therein if any of the following occurs: | 17 | | (i) The school student record and information | 18 | | contained therein is no longer being used for the | 19 | | purpose directed by the school board, school | 20 | | district, school, or State Board. | 21 | | (ii) A parent or eligible student requests | 22 | | deletion, unless the school student record or | 23 | | information contained therein is being used or | 24 | | maintained at the direction of a school board, | 25 | | school district, or school, or the State Board and | 26 | | is under the direct control of such school board, |
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| 1 | | school district, school, or State Board. | 2 | | (iii) The school board, school district, | 3 | | school, or State Board requests deletion. | 4 | | (4.1) Nothing in paragraph (4) shall prohibit a person | 5 | | or entity from sharing, disclosing, or compiling school | 6 | | student records or the information contained therein if | 7 | | other provisions of federal or State law require such | 8 | | sharing, disclosure, or compilation, and the person or | 9 | | entity complies with the requirements of federal and State | 10 | | law in protecting that information. | 11 | | (4.2) If a school board, school district, or school, or | 12 | | the State Board is unable to gain compliance by a person or | 13 | | entity with the requirements of paragraph (4), but | 14 | | determines that releasing, transferring, disclosing, or | 15 | | otherwise disseminating school student records or | 16 | | information contained therein to such a person or entity is | 17 | | essential to an educational objective, the school board, | 18 | | school district, school, or State Board may release, | 19 | | transfer, disclose, or otherwise disseminate such school | 20 | | student records and the information contained therein | 21 | | provided that all of the following occurs: | 22 | | (A) The school board, school district, school, or | 23 | | State Board publicly notifies parents and eligible | 24 | | students at least 21 days in advance of the student's | 25 | | school student records or information contained | 26 | | therein being released, transferred, disclosed, or |
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| 1 | | otherwise disseminated of: (i) the planned release, | 2 | | transfer, disclosure, or dissemination; and (ii) the | 3 | | purpose of the planned release, transfer, disclosure, | 4 | | or dissemination. | 5 | | (B) The school board, school district, school, or | 6 | | State Board provides parents and eligible students | 7 | | with (i) the opportunity to opt out of having the | 8 | | relevant school student records or information | 9 | | contained therein released, transferred, disclosed, or | 10 | | otherwise disseminated; and (ii) instructions setting | 11 | | forth how to opt out. ;
| 12 | | (4.5) To researchers at an accredited post-secondary | 13 | | educational institution or an organization conducting | 14 | | research pursuant to a specific, written agreement with the | 15 | | school or school district or State Board and in accordance | 16 | | with the federal Family Educational Rights and Privacy Act, | 17 | | provided that such researchers and organizations comply | 18 | | with the following requirements: | 19 | | (A) The nature of the research shall be first | 20 | | publicly disclosed in advance of the research being | 21 | | conducted by providing general notice regarding | 22 | | planned studies or research to parents, guardians, or | 23 | | eligible students prior to the beginning of each school | 24 | | year and by posting an updated notice of additional | 25 | | research or studies on the Internet website of the | 26 | | school board, school district, school, or State Board |
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| 1 | | as additional research or studies are added. If the | 2 | | school board, school district, or school does not have | 3 | | an Internet website that can be updated with notice of | 4 | | additional research or studies, the school board, | 5 | | school district, or school shall send written | 6 | | notification to affected parents, guardians, or | 7 | | eligible students as additional research or studies | 8 | | are added. Any notice provided under this paragraph | 9 | | shall set forth, in general terms, the nature of the | 10 | | research, the persons to whom the research will apply, | 11 | | and the topics thereof. The notice requirements in this | 12 | | paragraph do not apply to eligible students or parents | 13 | | or guardians of students who have graduated or left the | 14 | | school, school district, or State as of the effective | 15 | | date of this amendatory Act of the 98th General | 16 | | Assembly. | 17 | | (B) The post-secondary educational institution or | 18 | | an organization conducting research and the school, | 19 | | school district, or State Board shall enter into a data | 20 | | use agreement which shall be signed by the party | 21 | | gaining access to the data and the school board, school | 22 | | district, or school and which complies with the federal | 23 | | Family Educational Rights and Privacy Act and its | 24 | | accompanying regulations and, at a minimum, sets forth | 25 | | the following: | 26 | | (i) a requirement that the post-secondary |
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| 1 | | educational institution or the organization | 2 | | conducting research shall abide by all | 3 | | requirements of this subdivision (B); | 4 | | (ii) the purpose, scope, subjects, and | 5 | | duration of the study or studies, the information | 6 | | to be disclosed, and the person or persons to whom | 7 | | the information shall be disclosed; the person or | 8 | | persons to whom the information shall be disclosed | 9 | | may be updated to include additional persons; | 10 | | (iii) a requirement that the persons described | 11 | | in item (ii) shall use school student records only | 12 | | to meet the purpose or purposes of the study as set | 13 | | forth pursuant to item (ii) and only after written | 14 | | or other recorded information concerning a student | 15 | | and by which a student may be individually | 16 | | identified has been removed from such records; | 17 | | (iv) a requirement that the post-secondary | 18 | | educational institution or the organization | 19 | | conducting research shall use written or other | 20 | | recorded information concerning a student and by | 21 | | which a student may be individually or personally | 22 | | identified only to link data files and, in such | 23 | | instances, the post-secondary educational | 24 | | institution or the organization conducting | 25 | | research shall designate in writing the person or | 26 | | persons to whom such information will be |
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| 1 | | disclosed; | 2 | | (v) a requirement that the post-secondary | 3 | | educational institution or the organization | 4 | | conducting research shall destroy all written or | 5 | | other recorded information that individually or | 6 | | personally identifies a student when the | 7 | | information is no longer needed, but in no event | 8 | | later than 36 months after the study has been | 9 | | completed; | 10 | | (vi) a requirement that the post-secondary | 11 | | educational institution or the organization | 12 | | conducting research shall certify in writing that | 13 | | it has the capacity to and shall restrict access to | 14 | | school student records and shall maintain the | 15 | | security of all written and electronic information | 16 | | received pursuant to this Section in compliance | 17 | | with rules that shall be adopted by the State | 18 | | Board, which shall be consistent with and | 19 | | regularly updated to comply with commonly accepted | 20 | | data-security practices, including, but not | 21 | | limited to, those set forth by the United States | 22 | | Department of Education Privacy Technical | 23 | | Assistance Center; | 24 | | (vii) a requirement that, in compliance with | 25 | | the rules adopted pursuant to item (vi), the | 26 | | post-secondary educational institution or the |
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| 1 | | organization conducting research shall develop, | 2 | | implement, maintain, and use appropriate | 3 | | administrative, technical, and physical security | 4 | | measures to preserve the confidentiality, | 5 | | integrity, and availability of all school student | 6 | | records. | 7 | | (C) The post-secondary educational institution or | 8 | | the organization conducting research shall use | 9 | | personally identifiable information from school | 10 | | student records only to meet the purpose or purposes of | 11 | | the study as stated in the written data use agreement | 12 | | described in subdivision (B) of this subparagraph | 13 | | (4.5). | 14 | | For purposes of this subparagraph (4.5), any | 15 | | information by which a student may be individually or | 16 | | personally identified shall be released, transferred, | 17 | | disclosed, or otherwise disseminated only as contemplated | 18 | | by the data use agreement between the parties containing | 19 | | the provisions set forth in subdivision (B) of this | 20 | | subparagraph (4.5). The school student records shall be | 21 | | redacted prior to analysis by the post-secondary | 22 | | educational institution or the organization conducting | 23 | | research. Any personally identifiable information used to | 24 | | link data sets shall be stored in a secure data file or | 25 | | location outside of the secure data storage where redacted | 26 | | information from the school student records is stored. The |
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| 1 | | post-secondary educational institution or the organization | 2 | | conducting research shall implement and adhere to policies | 3 | | and procedures that restrict access to information by which | 4 | | a student may be individually or personally identified. The | 5 | | post-secondary educational institution or the organization | 6 | | conducting research shall designate an individual to act as | 7 | | the custodian of the personally identifiable information | 8 | | who is responsible for restricting access to that | 9 | | information. | 10 | | Nothing in this subparagraph (4.5) shall prohibit the | 11 | | State Board or any school or school district from providing | 12 | | personally identifiable information about individual | 13 | | students to an accredited post-secondary educational | 14 | | institution or an organization conducting research | 15 | | pursuant to a specific, written agreement with the school | 16 | | or school district or State Board and in accordance with | 17 | | the federal Family Educational Rights and Privacy Act, | 18 | | where necessary for the State Board, school, or school | 19 | | district to comply with State or federal statutory | 20 | | mandates.
| 21 | | (5) Pursuant to a court order, provided that the
parent | 22 | | shall be given prompt written notice upon receipt
of such | 23 | | order of the terms of the order, the nature and
substance | 24 | | of the information proposed to be released
in compliance | 25 | | with such order and an opportunity to
inspect and copy the | 26 | | school student records and to
challenge their contents |
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| 1 | | pursuant to Section 7 . ;
| 2 | | (6) To any person as specifically required by State
or | 3 | | federal law . ;
| 4 | | (6.5) To juvenile authorities
when necessary for the | 5 | | discharge of their official duties
who request information | 6 | | prior to
adjudication of the student and who certify in | 7 | | writing that the information
will not be disclosed to any | 8 | | other party except as provided under law or order
of court. | 9 | | For purposes of this Section "juvenile authorities" means:
| 10 | | (i) a judge of
the circuit court and members of the staff | 11 | | of the court designated by the
judge; (ii) parties to the | 12 | | proceedings under the Juvenile Court Act of 1987 and
their | 13 | | attorneys; (iii) probation
officers and court appointed | 14 | | advocates for the juvenile authorized by the judge
hearing | 15 | | the case; (iv) any individual, public or private agency | 16 | | having custody
of the child pursuant to court order; (v) | 17 | | any individual, public or private
agency providing | 18 | | education, medical or mental health service to the child | 19 | | when
the requested information is needed to determine the | 20 | | appropriate service or
treatment for the minor; (vi) any | 21 | | potential placement provider when such
release
is | 22 | | authorized by the court for the limited purpose of | 23 | | determining the
appropriateness of the potential | 24 | | placement; (vii) law enforcement officers and
prosecutors;
| 25 | | (viii) adult and juvenile prisoner review boards; (ix) | 26 | | authorized military
personnel; (x)
individuals authorized |
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| 1 | | by court . ;
| 2 | | (7) Subject to regulations of the State Board,
in | 3 | | connection with an emergency, to appropriate persons
if the | 4 | | knowledge of such information is necessary to protect
the | 5 | | health or safety of the student or other
persons . ;
| 6 | | (8) To any person, with the prior specific dated
| 7 | | written consent of the parent designating the person
to | 8 | | whom the records may be released, provided that at
the time | 9 | | any such consent is requested or obtained,
the parent shall | 10 | | be advised in writing that he has the right
to inspect and | 11 | | copy such records in accordance with Section 5, to
| 12 | | challenge their contents in accordance with Section 7 and | 13 | | to limit any such
consent to
designated records or | 14 | | designated portions of the information contained
therein . | 15 | | ;
| 16 | | (9) To a governmental agency, or social service agency | 17 | | contracted by a
governmental agency, in furtherance of an | 18 | | investigation of a student's school
attendance pursuant to | 19 | | the compulsory student attendance laws of this State,
| 20 | | provided that the records are released to the employee or | 21 | | agent designated by
the agency . ;
| 22 | | (10) To those SHOCAP committee members who fall within | 23 | | the meaning of
"state and local officials and authorities", | 24 | | as those terms are used within the
meaning of the federal | 25 | | Family Educational Rights and Privacy Act, for
the
purposes | 26 | | of identifying serious habitual juvenile offenders and |
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| 1 | | matching those
offenders with community resources pursuant | 2 | | to Section 5-145 of the Juvenile
Court Act of 1987, but | 3 | | only to the extent that the release, transfer,
disclosure, | 4 | | or dissemination is consistent with the Family Educational | 5 | | Rights
and Privacy Act . ;
| 6 | | (11) To the Department of Healthcare and Family | 7 | | Services in furtherance of the
requirements of Section | 8 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | 9 | | Section 10 of the School Breakfast and Lunch
Program Act . ; | 10 | | or
| 11 | | (12) To the State Board or another State government | 12 | | agency or between or among State government agencies in | 13 | | order to evaluate or audit federal and State programs or | 14 | | perform research and planning, but only to the extent that | 15 | | the release, transfer, disclosure, or dissemination is | 16 | | consistent with the federal Family Educational Rights and | 17 | | Privacy Act (20 U.S.C. 1232g). | 18 | | (b) No information may be released pursuant to | 19 | | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | 20 | | unless the parent receives
prior written notice of the nature | 21 | | and substance of the information
proposed to be released, and | 22 | | an opportunity to inspect
and copy such records in accordance | 23 | | with Section 5 and to
challenge their contents in accordance | 24 | | with Section 7. Provided, however,
that such notice shall be | 25 | | sufficient if published in a local newspaper of
general | 26 | | circulation or other publication directed generally to the |
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| 1 | | parents
involved where the proposed release of information is | 2 | | pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | 3 | | and relates to more
than 25 students.
| 4 | | (c) A record of any release of information pursuant
to this | 5 | | Section must be made and kept as a part of the
school student | 6 | | record and subject to the access granted by Section 5.
Such | 7 | | record of release shall be maintained for the life of the
| 8 | | school student records and shall be available only to the | 9 | | parent
and the official records custodian.
Each record of | 10 | | release shall also include:
| 11 | | (1) The nature and substance of the information | 12 | | released;
| 13 | | (2) The name and signature of the official records
| 14 | | custodian releasing such information;
| 15 | | (3) The name of the person requesting such information,
| 16 | | the capacity in which such a request has been made, and the | 17 | | purpose of such
request;
| 18 | | (4) The date of the release; and
| 19 | | (5) A copy of any consent to such release.
| 20 | | (d) Except for the student and his parents, no person
to | 21 | | whom information is released pursuant to this Section
and no | 22 | | person specifically designated as a representative by a parent
| 23 | | may permit any other person to have access to such information | 24 | | without a prior
consent of the parent obtained in accordance | 25 | | with the requirements
of subparagraph (8) of paragraph (a) of | 26 | | this Section.
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| 1 | | (e) Nothing contained in this Act shall prohibit the
| 2 | | publication of student directories which list student names, | 3 | | addresses
and other identifying information and similar | 4 | | publications which
comply with regulations issued by the State | 5 | | Board.
| 6 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 7 | | 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10.)
| 8 | | Section 10. The Children's Privacy Protection and Parental | 9 | | Empowerment Act is amended by changing Section 10 as follows:
| 10 | | (325 ILCS 17/10)
| 11 | | Sec. 10. Prohibited act. | 12 | | (a) The sale or purchase of personal information concerning | 13 | | an individual known to
be a child
without parental consent is | 14 | | prohibited.
| 15 | | (b) This Section does not apply when the sale or purchase | 16 | | described in subsection (a) is made under a criminal or civil | 17 | | investigation that is otherwise lawful. | 18 | | (Source: P.A. 93-462, eff. 1-1-04.)
| 19 | | (325 ILCS 17/15 rep.) | 20 | | Section 15. The Children's Privacy Protection and Parental | 21 | | Empowerment Act is amended by repealing Section 15.".
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