Public Act 102-0557
 
SB2434 EnrolledLRB102 12553 CMG 17891 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 6 as follows:
 



    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)



    Sec. 6. (a)  No school student records or information

contained therein may be released, transferred, disclosed or 
otherwise
disseminated, except as follows:

        (1) to a parent or student or person specifically

    designated as a representative by a parent, as provided in 
    paragraph (a)
of Section 5;

        (2) to an employee or official of the school or
school 
    district or State Board with current demonstrable 
    educational
or administrative interest in the student, in 
    furtherance of such interest;

        (3) to the official records custodian of another 
    school within
Illinois or an official with similar 
    responsibilities of a school
outside Illinois, in which 
    the student has enrolled, or intends to enroll,
upon the 
    request of such official or student;

        (4) to any person for the purpose of research,

    statistical reporting, or planning, provided that such 
    research, statistical reporting, or planning is 
    permissible under and undertaken in accordance with the 
    federal Family Educational Rights and Privacy Act (20 
    U.S.C. 1232g);

        (5) pursuant to a court order, provided that the

    parent shall be given prompt written notice upon receipt

    of such order of the terms of the order, the nature and

    substance of the information proposed to be released
in 
    compliance with such order and an opportunity to
inspect 
    and copy the school student records and to
challenge their 
    contents pursuant to Section 7;

        (6) to any person as specifically required by State
or 
    federal law;

        (6.5) to juvenile authorities
when necessary for the 
    discharge of their official duties
who request information 
    prior to
adjudication of the student and who certify in 
    writing that the information
will not be disclosed to any 
    other party except as provided under law or order
of 
    court.  For purposes of this Section "juvenile authorities" 
    means:
(i) a judge of
the circuit court and members of the 
    staff of the court designated by the
judge; (ii) parties 
    to the proceedings under the Juvenile Court Act of 1987 
    and
their attorneys; (iii) probation
officers and court 
    appointed advocates for the juvenile authorized by the 
    judge
hearing the case;  (iv) any individual, public or 
    private agency having custody
of the child pursuant to 
    court order; (v) any individual, public or private
agency 
    providing education, medical or mental health service to 
    the child when
the requested information is needed to 
    determine the appropriate service or
treatment for the 
    minor; (vi) any potential placement provider when such

    release
is authorized by the court for the limited purpose 
    of determining the
appropriateness of the potential 
    placement; (vii) law enforcement officers and
prosecutors;

    (viii) adult and juvenile prisoner review boards; (ix) 
    authorized military
personnel; (x)
individuals authorized 
    by court;

        (7) subject to regulations of the State Board,
in 
    connection with an emergency, to appropriate persons
if 
    the knowledge of such information is necessary to protect

    the health or safety of the student or other
persons;

        (8) to any person, with the prior specific dated

    written consent of the parent designating the person
to 
    whom the records may be released, provided that at
the 
    time any such consent is requested or obtained,
the parent 
    shall be advised in writing that he has the right
to 
    inspect and copy such records in accordance with Section 
    5, to
challenge their contents in accordance with Section 
    7 and to limit any such
consent to
designated records or 
    designated portions of the information contained
therein;

        (9) to a governmental agency, or social service agency 
    contracted by a
governmental agency, in furtherance of an 
    investigation of a student's school
attendance pursuant to 
    the compulsory student attendance laws of this State,

    provided that the records are released to the employee or 
    agent designated by
the agency;

        (10) to those SHOCAP committee members who fall within 
    the meaning of
"state and local officials and 
    authorities", as those terms are used within the
meaning 
    of the federal Family Educational Rights and Privacy Act, 
    for
the
purposes of identifying serious habitual juvenile 
    offenders and matching those
offenders with community 
    resources pursuant to Section 5-145 of the Juvenile
Court 
    Act of 1987, but only to the extent that the release, 
    transfer,
disclosure, or dissemination is consistent with 
    the Family Educational Rights
and Privacy Act;

        (11) to the Department of Healthcare and Family 
    Services in furtherance of the
requirements of Section 
    2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or 
    Section 10 of the School Breakfast and Lunch
Program Act; 
    or

        (12) to the State Board or another State government 
    agency or between or among State government agencies in 
    order to evaluate or audit federal and State programs or 
    perform research and planning, but only to the extent that 
    the release, transfer, disclosure, or dissemination is 
    consistent with the federal Family Educational Rights and 
    Privacy Act (20 U.S.C. 1232g). 
        (13) Under an intergovernmental agreement if an 
    elementary school district and a high school district have 
    attendance boundaries that overlap and are parties to an 
    intergovernmental agreement that allows the sharing of 
    student records and information between the districts. 
    However, the sharing of student information is allowed 
    under an  intergovernmental agreement only if the 
    intergovernmental agreement meets all of the following 
    requirements:
            (A) The sharing of student information must be 
        voluntary and at the discretion of each school 
        district that is a party to the agreement.
            (B) The sharing of student information applies 
        only to students who have been enrolled in both 
        districts or would be enrolled in both districts based 
        on district attendance boundaries, and the student's 
        parent or guardian has expressed in writing that the 
        student intends to enroll or has enrolled in the high 
        school district.
            (C) The sharing of student information does not 
        exceed the scope of information that is shared among 
        schools in a unit school district. However, the terms 
        of an intergovernmental agreement may place further 
        limitations on the information that is allowed to be 
        shared.
    (b) No information may be released pursuant to 
subparagraph  (3) or
(6) of paragraph (a) of this Section 6 
unless the parent receives
prior written notice of the nature 
and substance of the information
proposed to be released, and 
an opportunity to inspect
and copy such records in accordance 
with Section 5 and to
challenge their contents in accordance 
with Section 7.  Provided, however,
that such notice shall be 
sufficient if published in a local newspaper of
general 
circulation or other publication directed generally to the 
parents
involved where the proposed release of information is 
pursuant to
subparagraph (6) of paragraph (a) of this Section 
6 and relates to more
than 25 students.

    (c) A record of any release of information pursuant
to 
this Section must be made and kept as a part of the
school 
student record and subject to the access granted by Section 5.

Such record of release shall be maintained for the life of the

school student records and shall be available only to the 
parent
and the official records custodian.
Each record of 
release shall also include:

        (1) the nature and substance of the information 
    released;

        (2) the name and signature of the official records

    custodian releasing such information;

        (3) the name of the person requesting such 
    information,
the capacity in which such a request has been 
    made, and the purpose of such
request;

        (4) the date of the release; and

        (5) a copy of any consent to such release.

    (d) Except for the student and his parents, no person
to 
whom information is released pursuant to this Section
and no 
person specifically designated as a representative by a parent

may permit any other person to have access to such information 
without a prior
consent of the parent obtained in accordance 
with the requirements
of subparagraph (8) of paragraph (a) of 
this Section.

    (e) Nothing contained in this Act shall prohibit the

publication of student directories which list student names, 
addresses
and other identifying information and similar 
publications which
comply with regulations issued by the State 
Board.

(Source: P.A. 99-78, eff. 7-20-15.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.