Public Act 101-0161
 
SB0117 EnrolledLRB101 05516 AXK 50531 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois School Student Records Act is
amended by changing Section 4 as follows:
 
    (105 ILCS 10/4)  (from Ch. 122, par. 50-4)
    Sec. 4. (a) Each school shall designate an official records
custodian who is responsible for the maintenance, care and
security of all school student records, whether or not such
records are in his personal custody or control.
    (b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
    (c) Information contained in or added to a school student
record shall be limited to information which is of clear
relevance to the education of the student.
    (d) Information added to a student temporary record after
the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
    (e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or otherwise
permanently withdrawn from the school.
    (f) Each school shall maintain student temporary records
and the information contained in those records for not less
than 5 years after the student has transferred, graduated, or
otherwise withdrawn from the school. However, student
temporary records shall not be disclosed except as provided in
Section 5 or 6 or by court order. A school may maintain
indefinitely anonymous information from student temporary
records for authorized research, statistical reporting or
planning purposes, provided that no student or parent can be
individually identified from the information maintained.
    (g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review of
the student temporary records and length of time for
maintenance of entries to such records.
    (h) Before any school student record is destroyed or
information deleted therefrom, the parent or the student, if
the rights and privileges accorded to the parent under this Act
have been transferred to the student, shall be given reasonable
prior notice at his or her last known address in accordance
with rules regulations adopted by the State Board and an
opportunity to copy the record and information proposed to be
destroyed or deleted. A school may provide reasonable prior
notice under this subsection to a parent or student through (i)
notice in the school's parent or student handbook, (ii)
publication in a newspaper published in the school district or,
if no newspaper is published in the school district, in a
newspaper of general circulation within the school district,
(iii) U.S. mail delivered to the last known address of the
parent or student, or (iv) other means provided the notice is
confirmed to have been received.
    (i) No school shall be required to separate permanent and
temporary school student records of a student not enrolled in
such school on or after the effective date of this Act or to
destroy any such records, or comply with the provisions of
paragraph (g) of this Section with respect to such records,
except (1) in accordance with the request of the parent that
any or all of such actions be taken in compliance with the
provisions of this Act or (2) in accordance with regulations
adopted by the State Board.
(Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)

Effective Date: 1/1/2020