State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB3055 Enrolled                                LRB9206349DJpr

 1        AN ACT in relation to children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  School Student Records Act is
 5    amended by changing Section 2 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
11    center,  kindergarten,  nursery,  elementary   or   secondary
12    educational    institution,    vocational   school,   special
13    educational facility or any  other  elementary  or  secondary
14    educational  agency  or institution and any person, agency or
15    institution which maintains school student records from  more
16    than one school, but does not include a private or non-public
17    school.
18        (c)  "State Board" means the State Board of Education.
19        (d)  "School  Student  Record" means any writing or other
20    recorded information concerning a  student  and  by  which  a
21    student  may  be  individually  identified,  maintained  by a
22    school or at its direction or by an  employee  of  a  school,
23    regardless  of  how  or  where the information is stored. The
24    following shall not be deemed school  student  records  under
25    this  Act:  writings or other recorded information maintained
26    by an employee of a school or other person at  the  direction
27    of  a  school for his or her exclusive use; provided that all
28    such writings and other recorded  information  are  destroyed
29    not   later   than  the  student's  graduation  or  permanent
30    withdrawal from the school; and provided further that no such
31    records or recorded information may be released or  disclosed
HB3055 Enrolled            -2-                 LRB9206349DJpr
 1    to  any  person except a person designated by the school as a
 2    substitute unless they are first  incorporated  in  a  school
 3    student  record  and made subject to all of the provisions of
 4    this  Act.  School  student   records   shall   not   include
 5    information   maintained  by  law  enforcement  professionals
 6    working in the school.
 7        (e)  "Student  Permanent  Record"   means   the   minimum
 8    personal  information  necessary to a school in the education
 9    of the student and contained  in  a  school  student  record.
10    Such  information may include the student's name, birth date,
11    address,  grades  and  grade  level,   parents'   names   and
12    addresses,  attendance records, and such other entries as the
13    State Board may require or authorize.
14        (f)  "Student Temporary  Record"  means  all  information
15    contained in a school student record but not contained in the
16    student  permanent  record.   Such  information  may  include
17    family  background  information,  intelligence  test  scores,
18    aptitude  test  scores,  psychological  and  personality test
19    results, teacher evaluations, and other information of  clear
20    relevance  to  the  education  of the student, all subject to
21    regulations of the State Board. The information shall include
22    information provided under Section  8.6  of  the  Abused  and
23    Neglected  Child  Reporting  Act.  In  addition,  the student
24    temporary record shall include information regarding  serious
25    disciplinary   infractions   that   resulted   in  expulsion,
26    suspension, or the imposition of punishment or sanction.  For
27    purposes of this provision, serious disciplinary  infractions
28    means:  infractions  involving drugs, weapons, or bodily harm
29    to another.
30        (g)  "Parent" means a person who is the natural parent of
31    the  student  or   other   person   who   has   the   primary
32    responsibility  for  the  care and upbringing of the student.
33    All rights and privileges accorded to a parent under this Act
34    shall become exclusively those of the student upon  his  18th
HB3055 Enrolled            -3-                 LRB9206349DJpr
 1    birthday, graduation from secondary school, marriage or entry
 2    into  military  service, whichever occurs first.  Such rights
 3    and privileges may also be exercised by the  student  at  any
 4    time with respect to the student's permanent school record.
 5    (Source: P.A. 90-590, eff. 1-1-00.)

 6        Section 10.  The Abused and Neglected Child Reporting Act
 7    is  amended by changing Section 7.9 and adding Section 8.6 as
 8    follows:

 9        (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
10        Sec. 7.9.   The  Department  shall  prepare,  print,  and
11    distribute initial, preliminary, and final reporting forms to
12    each  Child Protective Service Unit.  Initial written reports
13    from  the  reporting  source  shall  contain  the   following
14    information  to  the  extent  known at the time the report is
15    made:  (1) the names and  addresses  of  the  child  and  his
16    parents  or  other persons responsible for his welfare; (1.5)
17    the name and address of the school that the child attends (or
18    the school that the child last attended,  if  the  report  is
19    written during the summer when school is not in session), and
20    the  name  of  the  school  district  in  which the school is
21    located, if applicable; (2) the child's age, sex,  and  race;
22    (3)  the  nature  and extent of the child's abuse or neglect,
23    including any evidence of prior injuries, abuse,  or  neglect
24    of  the  child  or his siblings; (4) the names of the persons
25    apparently responsible for the abuse or neglect;  (5)  family
26    composition, including names, ages, sexes, and races of other
27    children  in  the home; (6) the name of the person making the
28    report, his occupation, and where he can be reached; (7)  the
29    actions  taken  by the reporting source, including the taking
30    of photographs and x-rays, placing  the  child  in  temporary
31    protective  custody,  or  notifying  the  medical examiner or
32    coroner; (8) and any other information the person making  the
HB3055 Enrolled            -4-                 LRB9206349DJpr
 1    report  believes  might  be helpful in the furtherance of the
 2    purposes of this Act.
 3    (Source: P.A. 84-611.)

 4        (325 ILCS 5/8.6 new)
 5        Sec. 8.6.  Reports to a child's school.  Within  10  days
 6    after  completing  an  investigation  of  alleged physical or
 7    sexual abuse under this Act, if the report is indicated,  the
 8    Child  Protective Service Unit shall send a copy of its final
 9    finding report to the  school  that  the  child  who  is  the
10    indicated  victim of the report attends. If the final finding
11    report is sent during the summer when the school  is  not  in
12    session, the report shall be sent to the last school that the
13    child  attended.  The  final  finding report shall be sent as
14    "confidential", and  the  school  shall  be  responsible  for
15    ensuring  that  the report remains confidential in accordance
16    with  the  Illinois  School  Student  Records  Act.   If   an
17    indicated  finding  is overturned in an appeal or hearing, or
18    if the Department has made a determination that the child  is
19    no  longer at risk of physical or sexual harm, the Department
20    shall request that the final finding report  be  purged  from
21    the  student's  record,  and the school shall purge the final
22    finding report from  the  student's  record  and  return  the
23    report  to the Department. If an indicated report is expunged
24    from the central register, and that report has been sent to a
25    child's school, the Department shall request that  the  final
26    finding  report  be purged from the student's record, and the
27    school  shall  purge  the  final  finding  report  from   the
28    student's record and return the report to the Department.

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