Public Act 102-0791
 
HB4994 EnrolledLRB102 25441 CMG 34727 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Freedom of Information Act is amended  by 
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.

    (1) When a request is made to inspect or copy a public 
record that contains information that is exempt from 
disclosure under this Section, but also contains information 
that is not exempt from disclosure, the public body may elect 
to redact the information that is exempt. The public body 
shall make the remaining information available for inspection 
and copying. Subject to this requirement, the following shall 
be exempt from inspection and copying:


        (a) Information specifically prohibited from 
    disclosure by federal or
State law or rules and 
    regulations implementing federal or State law.


        (b) Private information, unless disclosure is required 
    by another provision of this Act, a State or federal law, 
    or a court order. 
        (b-5) Files, documents, and other data or databases 
    maintained by one or more law enforcement agencies and 
    specifically designed to provide information to one or 
    more law enforcement agencies regarding the physical or 
    mental status of one or more individual subjects. 
        (c) Personal information contained within public 
    records, the disclosure of which would constitute a 
    clearly
unwarranted invasion of personal privacy, unless 
    the disclosure is
consented to in writing by the 
    individual subjects of the information.  "Unwarranted 
    invasion of personal privacy" means the disclosure of 
    information that is highly personal or objectionable to a 
    reasonable person and in which the subject's right to 
    privacy outweighs any legitimate public interest in 
    obtaining the information. The
disclosure of information 
    that bears on the public duties of public
employees and 
    officials shall not be considered an invasion of personal

    privacy.








        (d) Records in the possession of any public body 
    created in the course of administrative enforcement

    proceedings, and any law enforcement or correctional 
    agency for
law enforcement purposes,
but only to the 
    extent that disclosure would:


            (i) interfere with pending or actually and 
        reasonably contemplated
law enforcement proceedings 
        conducted by any law enforcement or correctional

        agency that is the recipient of the request;


            (ii) interfere with active administrative 
        enforcement proceedings
conducted by the public body 
        that is the recipient of the request;


            (iii) create a substantial likelihood that a 
        person will be deprived of a fair trial or an impartial 
        hearing;


            (iv) unavoidably disclose the identity of a 
        confidential source, confidential information 
        furnished only by the confidential source, or persons 
        who file complaints with or provide information to 
        administrative, investigative, law enforcement, or 
        penal agencies; except that the identities of 
        witnesses to traffic accidents, traffic accident 
        reports, and rescue reports shall be provided by 
        agencies of local government, except when disclosure 
        would interfere with an active criminal investigation 
        conducted by the agency that is the recipient of the 
        request;


            (v) disclose unique or specialized investigative 
        techniques other than
those generally used and known 
        or disclose internal documents of
correctional 
        agencies related to detection, observation or 
        investigation of
incidents of crime or misconduct, and 
        disclosure would result in demonstrable harm to the 
        agency or public body that is the recipient of the 
        request;



            (vi) endanger the life or physical safety of law 
        enforcement personnel
or any other person; or


            (vii) obstruct an ongoing criminal investigation 
        by the agency that is the recipient of the request.









        (d-5) A law enforcement record created for law 
    enforcement purposes  and contained in a shared electronic 
    record management system if the law enforcement agency 
    that is the recipient of the request did not create the 
    record, did not participate in or have a role in any of the 
    events which are the subject of the record, and only has 
    access to the record through the shared electronic record 
    management system. 
        (d-6) Records contained in the Officer Professional 
    Conduct Database under Section 9.2 of the Illinois Police 
    Training Act, except to the extent authorized under that 
    Section.  This includes the documents supplied to the 
    Illinois Law Enforcement Training Standards Board from the 
    Illinois State Police and Illinois State Police Merit 
    Board. 
        (e) Records that relate to or affect the security of 
    correctional
institutions and detention facilities.


        (e-5) Records requested by persons committed to the 
    Department of Corrections, Department of Human Services 
    Division of Mental Health, or a county jail if those 
    materials are available in the library of the correctional 
    institution or facility or jail where the inmate is 
    confined. 
        (e-6) Records requested by persons committed to the 
    Department of Corrections, Department of Human Services 
    Division of Mental Health, or a county jail if those 
    materials include records from staff members' personnel 
    files, staff rosters, or other staffing assignment 
    information. 
        (e-7) Records requested by persons committed to the 
    Department of Corrections or Department of Human Services 
    Division of Mental Health if those materials are available 
    through an administrative request to the Department of 
    Corrections or Department of Human Services Division of 
    Mental Health. 
        (e-8)    Records requested by a person committed to the 
    Department of Corrections, Department of Human Services 
    Division of Mental Health, or a county jail, the 
    disclosure of which would result in the risk of harm to any 
    person or the risk of an escape from a jail or correctional 
    institution or facility.
        (e-9)    Records requested by a person in a county jail 
    or committed to the Department of Corrections or 
    Department of Human Services Division of Mental Health, 
    containing personal information pertaining to the person's 
    victim or the victim's family, including, but not limited 
    to, a victim's home address, home telephone number, work 
    or school address, work telephone number, social security 
    number, or any other identifying information, except as 
    may be relevant to a requester's current or potential case 
    or claim. 
        (e-10)    Law enforcement records of other persons 
    requested by a person committed to the Department of 
    Corrections, Department of Human Services Division of 
    Mental Health, or a county jail, including, but not 
    limited to, arrest and booking records, mug shots, and 
    crime scene photographs, except as these records may be 
    relevant to the requester's current or potential case or 
    claim. 
        (f) Preliminary drafts, notes, recommendations, 
    memoranda, and other
records in which opinions are 
    expressed, or policies or actions are
formulated, except 
    that a specific record or relevant portion of a
record 
    shall not be exempt when the record is publicly cited
and 
    identified by the head of the public body. The exemption 
    provided in
this paragraph (f) extends to all those 
    records of officers and agencies
of the General Assembly 
    that pertain to the preparation of legislative
documents.


        (g) Trade secrets and commercial or financial 
    information obtained from
a person or business where the 
    trade secrets or commercial or financial information are 
    furnished under a claim that they are
proprietary, 
    privileged, or confidential, and that disclosure of the 
    trade
secrets or commercial or financial information would 
    cause competitive harm to the person or business, and only 
    insofar as the claim directly applies to the records 
    requested.
        The information included under this exemption includes 
    all trade secrets and commercial or financial information 
    obtained by a public body, including a public pension 
    fund, from a private equity fund or a privately held 
    company within the investment portfolio of a private 
    equity fund as a result of either investing or evaluating 
    a potential investment of public funds in a private equity 
    fund. The exemption contained in this item does not apply 
    to the aggregate financial performance information of a 
    private equity fund, nor to the identity of the fund's 
    managers or general partners. The exemption contained in 
    this item does not apply to the identity of a privately 
    held company within the investment portfolio of a private 
    equity fund, unless the disclosure of the identity of a 
    privately held company may cause competitive harm.
        Nothing contained in this
paragraph (g) shall be 
    construed to prevent a person or business from
consenting 
    to disclosure.


        (h) Proposals and bids for any contract, grant, or 
    agreement, including
information which if it were 
    disclosed would frustrate procurement or give
an advantage 
    to any person proposing to enter into a contractor 
    agreement
with the body, until an award or final selection 
    is made.  Information
prepared by or for the body in 
    preparation of a bid solicitation shall be
exempt until an 
    award or final selection is made.


        (i) Valuable formulae,
computer geographic systems,

    designs, drawings and research data obtained or
produced 
    by any public body when disclosure could reasonably be 
    expected to
produce private gain or public loss.
The 
    exemption for "computer geographic systems" provided in 
    this paragraph
(i) does not extend to requests made by 
    news media as defined in Section 2 of
this Act when the 
    requested information is not otherwise exempt and the only

    purpose of the request is to access and disseminate 
    information regarding the
health, safety, welfare, or 
    legal rights of the general public.


        (j) The following information pertaining to 
    educational matters:
            (i) test questions, scoring keys, and other 
        examination data used to
administer an academic 
        examination;


            (ii) information received by a primary or 
        secondary school, college, or university under its 
        procedures for the evaluation of faculty members by 
        their academic peers; 
            (iii) information concerning a school or 
        university's adjudication of student disciplinary 
        cases, but only to the extent that disclosure would 
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used 
        by faculty members. 
        (k) Architects' plans, engineers' technical 
    submissions, and
other
construction related technical 
    documents for
projects not constructed or developed in 
    whole or in part with public funds
and the same for 
    projects constructed or developed with public funds, 
    including, but not limited to, power generating and 
    distribution stations and other transmission and 
    distribution facilities, water treatment facilities, 
    airport facilities, sport stadiums, convention centers, 
    and all government owned, operated, or occupied buildings, 
    but
only to the extent
that disclosure would compromise 
    security.



        (l) Minutes of meetings of public bodies closed to the

    public as provided in the Open Meetings Act until the 
    public body
makes the minutes available to the public 
    under Section 2.06 of the Open
Meetings Act.


        (m) Communications between a public body and an 
    attorney or auditor
representing the public body that 
    would not be subject to discovery in
litigation, and 
    materials prepared or compiled by or for a public body in

    anticipation of a criminal, civil, or administrative 
    proceeding upon the
request of an attorney advising the 
    public body, and materials prepared or
compiled with 
    respect to internal audits of public bodies.


        (n) Records relating to a public body's adjudication 
    of employee grievances or disciplinary cases; however, 
    this exemption shall not extend to the final outcome of 
    cases in which discipline is imposed.


        (o) Administrative or technical information associated 
    with automated
data processing operations, including, but 
    not limited to, software,
operating protocols, computer 
    program abstracts, file layouts, source
listings, object 
    modules, load modules, user guides, documentation

    pertaining to all logical and physical design of 
    computerized systems,
employee manuals, and any other 
    information that, if disclosed, would
jeopardize the 
    security of the system or its data or the security of

    materials exempt under this Section.


        (p) Records relating to collective negotiating matters

    between public bodies and their employees or 
    representatives, except that
any final contract or 
    agreement shall be subject to inspection and copying.


        (q) Test questions, scoring keys, and other 
    examination data used to determine the qualifications of 
    an applicant for a license or employment.


        (r) The records, documents, and information relating 
    to real estate
purchase negotiations until those 
    negotiations have been completed or
otherwise terminated. 
    With regard to a parcel involved in a pending or
actually 
    and reasonably contemplated eminent domain proceeding 
    under the Eminent Domain Act, records, documents, and

    information relating to that parcel shall be exempt except 
    as may be
allowed under discovery rules adopted by the 
    Illinois Supreme Court.  The
records, documents, and 
    information relating to a real estate sale shall be
exempt 
    until a sale is consummated.


        (s) Any and all proprietary information and records 
    related to the
operation of an intergovernmental risk 
    management association or
self-insurance pool or jointly 
    self-administered health and accident
cooperative or pool.

    Insurance or self insurance (including any 
    intergovernmental risk management association or self 
    insurance pool) claims, loss or risk management 
    information, records, data, advice or communications. 




        (t) Information contained in or related to 
    examination, operating, or
condition reports prepared by, 
    on behalf of, or for the use of a public
body responsible 
    for the regulation or supervision of financial

    institutions, insurance companies, or pharmacy benefit 
    managers, unless disclosure is otherwise
required by State 
    law.












        (u) Information that would disclose
or might lead to 
    the disclosure of
secret or confidential information, 
    codes, algorithms, programs, or private
keys intended to 
    be used to create electronic signatures under the Uniform 
    Electronic Transactions Act.




        (v) Vulnerability assessments, security measures, and 
    response policies
or plans that are designed to identify, 
    prevent, or respond to potential
attacks upon a 
    community's population or systems, facilities, or 
    installations,
the destruction or contamination of which 
    would constitute a clear and present
danger to the health 
    or safety of the community, but only to the extent that

    disclosure could reasonably be expected to jeopardize the 
    effectiveness of the
measures or the safety of the 
    personnel who implement them or the public.
Information 
    exempt under this item may include such things as details

    pertaining to the mobilization or deployment of personnel 
    or equipment, to the
operation of communication systems or 
    protocols, or to tactical operations.


        (w) (Blank). 
        (x) Maps and other records regarding the location or 
    security of generation, transmission, distribution, 
    storage, gathering,
treatment, or switching facilities 
    owned by a utility, by a power generator, or by the 
    Illinois Power Agency.




        (y) Information contained in or related to proposals, 
    bids, or negotiations  related to electric power 
    procurement under Section 1-75 of the Illinois Power 
    Agency Act and Section 16-111.5 of the Public Utilities 
    Act that is determined to be confidential and proprietary 
    by the Illinois Power Agency or by the Illinois Commerce 
    Commission.

        (z) Information about students exempted from 
    disclosure under Sections 10-20.38 or 34-18.29 of the 
    School Code, and information about undergraduate students 
    enrolled at an institution of higher education exempted 
    from disclosure under Section 25 of the Illinois Credit 
    Card Marketing Act of 2009. 
        (aa) Information the disclosure of which is
exempted 
    under the Viatical Settlements Act of 2009.

        (bb) Records and information provided to a mortality 
    review team and records maintained by a mortality review 
    team appointed under the Department of Juvenile Justice 
    Mortality Review Team Act. 
        (cc) Information regarding interments, entombments, or 
    inurnments of human remains that are submitted to the 
    Cemetery Oversight Database under the Cemetery Care Act or 
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be 
    disclosed under Section 11-9 of the Illinois Public Aid 
    Code or (ii) that pertain to appeals under Section 11-8 of 
    the Illinois Public Aid Code. 
        (ee) The names, addresses, or other personal 
    information of persons who are minors and are also 
    participants and registrants in programs of park 
    districts, forest preserve districts, conservation 
    districts, recreation agencies, and special recreation 
    associations.
        (ff) The names, addresses, or other personal 
    information of participants and registrants in programs of 
    park districts, forest preserve districts, conservation 
    districts, recreation agencies, and special recreation 
    associations where such programs are targeted primarily to 
    minors.
        (gg)  Confidential information described in Section 
    1-100 of the Illinois Independent Tax Tribunal Act of 
    2012. 
        (hh)  The report submitted to the State Board of 
    Education by the School Security and Standards Task Force 
    under item (8) of subsection (d) of Section 2-3.160 of the 
    School Code and any information contained in that report. 
        (ii) Records requested by persons committed to or 
    detained by the Department of Human Services under the 
    Sexually Violent Persons Commitment Act or committed to 
    the Department of Corrections under the Sexually Dangerous 
    Persons Act if those materials: (i) are available in the 
    library of the facility where the individual is confined; 
    (ii) include records from staff members' personnel files, 
    staff rosters, or other staffing assignment information; 
    or (iii) are available through an administrative request 
    to the Department of Human Services or the Department of 
    Corrections.
        (jj) Confidential information described in Section 
    5-535 of the Civil Administrative Code of Illinois. 
        (kk) The public body's credit card numbers, debit card 
    numbers, bank account numbers, Federal Employer 
    Identification Number, security code numbers, passwords, 
    and similar account information, the disclosure of which 
    could result in identity theft or impression or defrauding 
    of a governmental entity or a person. 
        (ll)   Records concerning the work of the threat 
    assessment team of a school district, including, but not 
    limited to, any threat assessment procedure under the 
    School Safety Drill Act and any information contained in 
    the procedure.
    (1.5) Any information exempt from disclosure under the 
Judicial Privacy Act shall be redacted from public records 
prior to disclosure under this Act. 
    (2) A public record that is not in the possession of a 
public body but is in the possession of a party with whom the 
agency has contracted to perform a governmental function on 
behalf of the public body, and that directly relates to the 
governmental function and is not otherwise exempt under this 
Act, shall be considered a public record of the public body, 
for purposes of this Act. 
    (3) This Section does not authorize withholding of 
information or limit the
availability of records to the 
public, except as stated in this Section or
otherwise provided 
in this Act.


(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; revised 
2-3-22.)
 
    Section 10. The School Safety Drill Act is amended  by 
changing Section 45 as follows:
 
    (105 ILCS 128/45)
    Sec. 45. Threat assessment procedure.
    (a) Each school district must implement a threat 
assessment procedure that may be part of a school board policy 
on targeted school violence prevention. The procedure must 
include the creation of a threat assessment team. The team 
must include all of the following members:
        (1)   An administrator employed by the school district 
    or a special education cooperative that serves the school 
    district and is available to serve.
        (2)   A teacher employed by the school district or a 
    special education cooperative that serves the school 
    district and is available to serve.
        (3)   A school counselor employed by the school district 
    or a special education cooperative that serves the school 
    district and is available to serve.
        (4) A school psychologist employed by the school 
    district or a special education cooperative that serves 
    the school district and is available to serve.
        (5) A school social worker employed by the school 
    district or a special education cooperative that serves 
    the school district and is available to serve.
        (6)   At least one law enforcement official.
    If a school district is unable to establish a threat 
assessment team with school district staff and resources, it 
may utilize a regional behavioral threat assessment and 
intervention team that includes mental health professionals 
and representatives from the State, county, and local law 
enforcement agencies. 
    (b) A school district shall establish the threat 
assessment team under this Section no later than 180 days 
after the effective date of this amendatory Act of the 101st 
General Assembly and must implement an initial threat 
assessment procedure no later than 120 days after the 
effective date of this amendatory Act of the 101st General 
Assembly. Each year prior to the start of the school year, the 
school board shall file the threat assessment procedure and a 
list identifying the members of the school district's threat 
assessment team or regional behavior threat assessment and 
intervention team with (i) a local law enforcement agency and 
(ii) the regional office of education or, with respect to a 
school district organized under Article 34 of the School Code, 
the State Board of Education. 
    (c) Any sharing of student information under this Section 
must comply with the federal Family Educational Rights and 
Privacy Act of 1974 and the Illinois School Student Records 
Act.

(Source: P.A. 101-455, eff. 8-23-19.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  5/13/2022