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| Public Act 100-0532 | ||||
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AN ACT concerning education.
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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 Illinois School Student Records Act is | ||||
amended by changing Section 5 as follows:
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(105 ILCS 10/5) (from Ch. 122, par. 50-5)
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Sec. 5.
(a) A parent or any person specifically designated | ||||
as
a representative by a parent shall have the right to inspect | ||||
and
copy all school student permanent and temporary records of | ||||
that
parent's child. A student shall have the right to inspect | ||||
and copy
his or her school student permanent record. No person | ||||
who is prohibited
by an order of protection from inspecting or | ||||
obtaining school records of a
student pursuant to the Illinois | ||||
Domestic Violence Act of 1986, as now or
hereafter amended, | ||||
shall have any right of access to, or inspection of, the
school | ||||
records of that student. If a school's principal or person with
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like responsibilities or his designee has knowledge of such | ||||
order of
protection, the school shall prohibit access or | ||||
inspection of the student's
school records by such person.
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(b) Whenever access to any person is granted pursuant
to | ||||
paragraph (a) of this Section, at the option of either the | ||||
parent or the school
a qualified professional, who may be a | ||||
psychologist, counsellor or
other advisor, and who may be an | ||||
employee of the school or employed
by the parent, may be | ||
present to interpret the information contained
in the student | ||
temporary record. If the school requires that a
professional be | ||
present, the school shall secure and bear any cost of the
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presence of the professional. If the parent so requests, the | ||
school
shall secure and bear any cost of the presence of a | ||
professional
employed by the school.
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(c) A parent's or student's request to inspect and copy | ||
records,
or to allow a specifically designated representative | ||
to inspect and
copy records, must be granted within a | ||
reasonable time, and in no case later
than 10 business 15 | ||
school days after the date of receipt of such request by the
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official records custodian.
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(c-5) The time for response under this Section may be | ||
extended by the school district by not more than 5 business | ||
days from the original due date for any of the following | ||
reasons: | ||
(1) the requested records are stored in whole or in
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part at other locations than the office having charge of | ||
the requested records; | ||
(2) the request requires the collection of a
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substantial number of specified records; | ||
(3) the request is couched in categorical terms and
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requires an extensive search for the records responsive to | ||
it; | ||
(4) the requested records have not been located in
the | ||
course of routine search and additional efforts are being | ||
made to locate them; | ||
(5) the request for records cannot be complied with
by | ||
the school district within the time limits prescribed by | ||
subsection (c) of this Section without unduly burdening or | ||
interfering with the operations of the school district; or | ||
(6) there is a need for consultation, which shall
be | ||
conducted with all practicable speed, with another public | ||
body or school district or among 2 or more components of a | ||
public body or school district having a substantial | ||
interest in the determination or in the subject matter of | ||
the request. | ||
The person making a request and the school district may | ||
agree in writing to extend the time for compliance for a period | ||
to be determined by the parties. If the requester and the | ||
school district agree to extend the period for compliance, a | ||
failure by the school district to comply with any previous | ||
deadlines shall not be treated as a denial of the request for | ||
the records. | ||
(d) The school may charge its reasonable costs for the
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copying of school student records, not to exceed the amounts | ||
fixed
in schedules adopted by the State Board, to any person | ||
permitted
to copy such records, except that no parent or | ||
student shall be
denied a copy of school student records as | ||
permitted under this
Section 5 for inability to bear the cost | ||
of such copying.
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(e) Nothing contained in this Section 5 shall make
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available to a parent or student confidential letters and
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statements of recommendation furnished in connection with
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applications for employment to a post-secondary educational
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institution or the receipt of an honor or honorary recognition,
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provided such letters and statements are not used for purposes
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other than those for which they were specifically intended, and
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(1) were placed in a school student record
prior to | ||
January 1, 1975; or
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(2) the student has waived access thereto after
being | ||
advised of his right to obtain upon request the names
of | ||
all such persons making such confidential recommendations.
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(f) Nothing contained in this Act shall be construed to
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impair or limit the confidentiality of:
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(1) Communications otherwise protected by law
as | ||
privileged or confidential, including but not limited to,
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information communicated in confidence to a physician, | ||
psychologist or other
psychotherapist, school social | ||
worker, school counselor, school psychologist, or school | ||
social worker, school counselor, or school psychologist | ||
intern who works under the direct supervision of a school | ||
social worker, school counselor, or school psychologist; | ||
or
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(2) Information which is communicated by a student
or | ||
parent in confidence to school personnel; or
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(3) Information which is communicated by a student, | ||
parent, or guardian to
a law enforcement professional | ||
working in the school, except as provided by
court order.
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(g) No school employee shall be subjected to adverse | ||
employment action, the threat of adverse employment action, or | ||
any manner of discrimination
because the employee is acting or | ||
has acted to protect communications as privileged or | ||
confidential pursuant to applicable provisions of State or | ||
federal law or rule or regulation. | ||
(Source: P.A. 96-628, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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