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92_SB0839ham003
LRB9202580DJgcam03
1 AMENDMENT TO SENATE BILL 839
2 AMENDMENT NO. . Amend Senate Bill 839 on page 1, by
3 replacing lines 4 through 6 with the following:
4 "Section 5. The Illinois School Student Records Act is
5 amended by changing Section 4 as follows:
6 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
7 Sec. 4. (a) Each school shall designate an official
8 records custodian who is responsible for the maintenance,
9 care and security of all school student records, whether or
10 not such records are in his personal custody or control.
11 (b) The official records custodian shall take all
12 reasonable measures to prevent unauthorized access to or
13 dissemination of school student records.
14 (c) Information contained in or added to a school
15 student record shall be limited to information which is of
16 clear relevance to the education of the student but shall
17 include information provided under Section 8.6 of the Abused
18 and Neglected Child Reporting Act.
19 (d) Information added to a student temporary record
20 after the effective date of this Act shall include the name,
21 signature and position of the person who has added such
22 information and the date of its entry into the record.
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1 (e) Each school shall maintain student permanent records
2 and the information contained therein for not less than 60
3 years after the student has transferred, graduated or
4 otherwise permanently withdrawn from the school.
5 (f) Each school shall maintain student temporary records
6 and the information contained in those records for not less
7 than 5 years after the student has transferred, graduated, or
8 otherwise withdrawn from the school. However, student
9 temporary records shall not be disclosed except as provided
10 in Section 5 or 6 or by court order. A school may maintain
11 indefinitely anonymous information from student temporary
12 records for authorized research, statistical reporting or
13 planning purposes, provided that no student or parent can be
14 individually identified from the information maintained.
15 (g) The principal of each school or the person with like
16 responsibilities or his or her designate shall periodically
17 review each student temporary record for verification of
18 entries and elimination or correction of all inaccurate,
19 misleading, unnecessary or irrelevant information. The State
20 Board shall issue regulations to govern the periodic review
21 of the student temporary records and length of time for
22 maintenance of entries to such records.
23 (h) Before any school student record is destroyed or
24 information deleted therefrom, the parent shall be given
25 reasonable prior notice at his or her last known address in
26 accordance with regulations adopted by the State Board and an
27 opportunity to copy the record and information proposed to be
28 destroyed or deleted.
29 (i) No school shall be required to separate permanent
30 and temporary school student records of a student not
31 enrolled in such school on or after the effective date of
32 this Act or to destroy any such records, or comply with the
33 provisions of paragraph (g) of this Section with respect to
34 such records, except (1) in accordance with the request of
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1 the parent that any or all of such actions be taken in
2 compliance with the provisions of this Act or (2) in
3 accordance with regulations adopted by the State Board.
4 (Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)
5 Section 10. The Abused and Neglected Child Reporting Act
6 is amended by changing Sections 7.8, 7.9, and 11.2 and adding
7 Sections 8.6 and 11.2a as follows:
8 (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
9 Sec. 7.8. Upon receiving an oral or written report of
10 suspected child abuse or neglect, the Department shall
11 immediately notify, either orally or electronically, the
12 Child Protective Service Unit of a previous report concerning
13 a subject of the present report or other pertinent
14 information. In addition, upon satisfactory identification
15 procedures, to be established by Department regulation, any
16 person authorized to have access to records under Section
17 11.1 relating to child abuse and neglect may request and
18 shall be immediately provided the information requested in
19 accordance with this Act. However, no information shall be
20 released unless it prominently states the report is
21 "indicated", and only information from "indicated" reports
22 shall be released, except that information concerning pending
23 reports may be released to any person authorized under
24 paragraphs (1), (2), (3), and (11), and (12) of Section 11.1.
25 In addition, State's Attorneys are authorized to receive
26 unfounded reports for prosecution purposes related to the
27 transmission of false reports of child abuse or neglect in
28 violation of subsection (a), paragraph (7) of Section 26-1 of
29 the Criminal Code of 1961 and guardians ad litem appointed
30 under Article II of the Juvenile Court Act of 1987 shall
31 receive the classified reports set forth in Section 7.14 of
32 this Act in conformance with paragraph (19) of Section 11.1
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1 and Section 7.14 of this Act. The names and other identifying
2 data and the dates and the circumstances of any persons
3 requesting or receiving information from the central register
4 shall be entered in the register record.
5 (Source: P.A. 86-904; 86-1293; 87-649.)
6 (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
7 Sec. 7.9. The Department shall prepare, print, and
8 distribute initial, preliminary, and final reporting forms to
9 each Child Protective Service Unit. Initial written reports
10 from the reporting source shall contain the following
11 information to the extent known at the time the report is
12 made: (1) the names and addresses of the child and his
13 parents or other persons responsible for his welfare; (1.5)
14 the name and address of the school that the child attends (or
15 the school that the child last attended, if the report is
16 written during the summer when school is not in session), and
17 the name of the school district in which the school is
18 located, if applicable; (2) the child's age, sex, and race;
19 (3) the nature and extent of the child's abuse or neglect,
20 including any evidence of prior injuries, abuse, or neglect
21 of the child or his siblings; (4) the names of the persons
22 apparently responsible for the abuse or neglect; (5) family
23 composition, including names, ages, sexes, and races of other
24 children in the home; (6) the name of the person making the
25 report, his occupation, and where he can be reached; (7) the
26 actions taken by the reporting source, including the taking
27 of photographs and x-rays, placing the child in temporary
28 protective custody, or notifying the medical examiner or
29 coroner; (8) and any other information the person making the
30 report believes might be helpful in the furtherance of the
31 purposes of this Act.
32 (Source: P.A. 84-611.)
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1 (325 ILCS 5/8.6 new)
2 Sec. 8.6. Reports to child's school. Within 10 days after
3 completing an investigation of alleged abuse or neglect under
4 this Act, the Child Protective Service Unit shall send a copy
5 of its final report on the investigation to the school that
6 the child who is the subject of the report attends (or the
7 school that the child last attended, if the report is sent
8 during the summer when school is not in session)."; and
9 on page 1, after line 23, by inserting the following:
10 "Section 99. Effective date. This Act takes effect upon
11 becoming law.".