Bill Amendment: IL HB3685 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-FAMILY RIGHTS & PRIVACY
Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3685 Detail]
Download: Illinois-2019-HB3685-House_Amendment_001.html
Bill Title: SCH CD-FAMILY RIGHTS & PRIVACY
Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3685 Detail]
Download: Illinois-2019-HB3685-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3685
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2 | AMENDMENT NO. ______. Amend House Bill 3685 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by adding Sections | ||||||
5 | 2-3.176 and 22-12.5 as follows:
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6 | (105 ILCS 5/2-3.176 new) | ||||||
7 | Sec. 2-3.176. Federal Family Educational Rights and | ||||||
8 | Privacy Act of 1974; policies. | ||||||
9 | (a) The General Assembly finds and declares all of the | ||||||
10 | following: | ||||||
11 | (1) The privacy of Illinois citizens is of the utmost | ||||||
12 | importance, and protecting their privacy is a top priority | ||||||
13 | for the lawmakers of this State. | ||||||
14 | (2) It is imperative that personal information stay | ||||||
15 | confidential unless otherwise chosen to be disclosed on an | ||||||
16 | individual basis. |
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1 | (3) The privacy of our children is critically | ||||||
2 | important, especially the privacy of any student data and | ||||||
3 | any information collected in educational settings, | ||||||
4 | including day care, home-visiting programs, prevention | ||||||
5 | initiatives, after-school programs, early intervention | ||||||
6 | programs, preschool, and a student's kindergarten through | ||||||
7 | grade 12 educational experience. | ||||||
8 | (4) Schools and educational settings are safe | ||||||
9 | environments, and an important component of maintaining | ||||||
10 | security is ensuring family privacy and protecting student | ||||||
11 | data. | ||||||
12 | (b) The State Board of Education, in cooperation with the | ||||||
13 | Department of Human Services, must develop, publish, and make | ||||||
14 | publicly available policies and procedures that comply with the | ||||||
15 | federal Family Educational Rights and Privacy Act of 1974, | ||||||
16 | including, but not limited to, policies that restrict access to | ||||||
17 | the personally identifiable information of a student or a | ||||||
18 | student's parent or guardian. | ||||||
19 | (c) Subject to the requirements of the Illinois School | ||||||
20 | Student Records Act and the Student Online Personal Protection | ||||||
21 | Act, the State Board may, in cooperation with the Department of | ||||||
22 | Human Services, collect personally identifiable information of | ||||||
23 | a student or a student's parent or guardian only as required to | ||||||
24 | assess eligibility for or to administer public services or | ||||||
25 | programs. Any information collected under this subsection, | ||||||
26 | whether written or oral, must be kept confidential, except in |
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1 | the case of either of the following: | ||||||
2 | (1) If the disclosure is to comply with a judicial | ||||||
3 | order or lawfully issued subpoena or is in connection with | ||||||
4 | a health or safety emergency. | ||||||
5 | (2) If the student or the student's parent or guardian | ||||||
6 | provides written consent for the disclosure.
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7 | (105 ILCS 5/22-12.5 new) | ||||||
8 | Sec. 22-12.5. Threats based on citizenship or immigration | ||||||
9 | status. Because threats made by a school employee to a student | ||||||
10 | based on his or her citizenship or immigration status | ||||||
11 | interferes with the student's attendance at school, a public or | ||||||
12 | nonpublic school employee may not make any threats or acts of | ||||||
13 | menace toward or intimidate any student entitled to attend a | ||||||
14 | public or nonpublic school in this State that are based on the | ||||||
15 | student's actual or perceived citizenship or immigration | ||||||
16 | status, including threats, acts of menace, or intimidation that | ||||||
17 | are based on information disclosed, orally or written, to any | ||||||
18 | public or nonpublic school employee throughout the course of | ||||||
19 | that employee performing educational services. A violation of | ||||||
20 | this Section is a Class A misdemeanor. ".
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