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| Public Act 095-0439 |
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AN ACT concerning children.
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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 Missing Children Records Act is amended by | ||||
changing Section 5 as follows:
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(325 ILCS 50/5) (from Ch. 23, par. 2285)
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Sec. 5. Duties of school or other entity
School duties. | ||||
(a) Upon notification by the Department of a
person's | ||||
disappearance, a school, preschool educational program, child | ||||
care facility, or day care home or group day care home in which | ||||
the person is currently or was
previously enrolled shall flag | ||||
the record of that person in such a manner
that whenever a copy | ||||
of or information regarding the record is requested,
the school | ||||
or other entity shall be alerted to the fact that the record is | ||||
that of a
missing person. The school or other entity shall | ||||
immediately report to the
Department any request concerning | ||||
flagged records or knowledge
as to the whereabouts of any | ||||
missing person. Upon notification by the
Department that the | ||||
missing person has been recovered, the school or other entity
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shall
remove the flag from the person's record.
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(b) (1) Upon enrollment of a child
student for the first | ||||
time in a particular
elementary or secondary school, public or | ||||
private preschool educational program, public or private child | ||||
care facility licensed under the Child Care Act of 1969, or day | ||
care home or group day care home licensed under the Child Care | ||
Act of 1969, that school or other entity shall notify in | ||
writing the
person enrolling the child
student that within 30 | ||
days he must provide either (i)
a certified copy of the child's
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student's birth certificate or (ii) other reliable
proof, as | ||
determined by the Department, of the child's
student's identity | ||
and age
and an affidavit explaining the inability to produce a | ||
copy of the birth
certificate. Other reliable proof of the | ||
child's
student's identity and age shall
include a passport, | ||
visa or other governmental documentation of the child's
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identity.
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(2) Upon the failure of a person enrolling a child
student
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to
comply with subsection (b) (1), the school or other entity
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shall immediately notify the
Department or local law | ||
enforcement agency of such failure, and shall
notify the person | ||
enrolling the child
student in writing that he has 10
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additional days to comply.
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(3) The school or other entity shall immediately report to | ||
the Department any affidavit
received pursuant to this | ||
subsection which appears inaccurate or suspicious
in form or | ||
content.
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(c) Within 14 days after enrolling a transfer student, the | ||
elementary or
secondary school shall request directly from the | ||
student's previous school
a certified copy of his record. The | ||
requesting school shall exercise due
diligence in obtaining the | ||
copy of the record requested. Any elementary
or secondary | ||
school requested to forward a copy of a transferring student's
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record to the new school shall comply within 10 days of receipt | ||
of the
request unless the record has been flagged pursuant to | ||
subsection (a), in
which case the copy shall not be forwarded | ||
and the requested school shall
notify the Department or local | ||
law enforcement authority of the request.
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(Source: P.A. 84-1430.)
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