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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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