Bill Text: IL HB2840 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that each school board must (rather than may) appoint at least one employee to act as a liaison to facilitate enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services. Provides that, for any student who is in the legal custody of the Department of Children and Family Services, a school board must inform the student's caseworker of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the caseworker to attend the conference or meeting. Makes related changes. Amends the Illinois School Student Records Act. Provides that if a student is in the legal custody of the Department of Children and Family Services, his or her caseworker must be informed before a school student record is destroyed or any information in that record is deleted and shall have the right to inspect and copy all school student permanent and temporary records. Makes related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB2840 Detail]

Download: Illinois-2019-HB2840-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2840 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.59
105 ILCS 5/10-20.69 new
105 ILCS 5/10-21.8 from Ch. 122, par. 10-21.8
105 ILCS 5/13B-60.10
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
105 ILCS 5/34-18.52
105 ILCS 5/34-18.61 new
105 ILCS 10/2 from Ch. 122, par. 50-2
105 ILCS 10/4 from Ch. 122, par. 50-4
105 ILCS 10/5 from Ch. 122, par. 50-5
105 ILCS 10/6 from Ch. 122, par. 50-6
Amends the School Code. Provides that each school board must (rather than may) appoint at least one employee to act as a liaison to facilitate enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services. Provides that, for any student who is in the legal custody of the Department of Children and Family Services, a school board must inform the student's caseworker of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the caseworker to attend the conference or meeting. Makes related changes. Amends the Illinois School Student Records Act. Provides that if a student is in the legal custody of the Department of Children and Family Services, his or her caseworker must be informed before a school student record is destroyed or any information in that record is deleted and shall have the right to inspect and copy all school student permanent and temporary records. Makes related changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB2840 LRB101 08616 AXK 53695 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-20.59, 10-21.8, 13B-60.10, 14-8.02, and 34-18.52 and by
adding Sections 10-20.69 and 34-18.61 as follows:
(105 ILCS 5/10-20.59)
Sec. 10-20.59. DCFS liaison.
(a) Each school board must may appoint at least one
employee to act as a liaison to facilitate the enrollment and
transfer of records of students in the legal custody of the
Department of Children and Family Services when enrolling in or
changing schools. The school board may appoint any employee of
the school district who is licensed under Article 21B of this
Code to act as a liaison; however, employees who meet any of
the following criteria must be prioritized for appointment:
(1) Employees who have worked with mobile student
populations or students in foster care.
(2) Employees who are familiar with enrollment, record
transfers, existing community services, and student
support services.
(3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience

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with student counseling.
(5) Employees who are knowledgeable on child welfare
policies.
(6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build
capacity and infrastructure within their school district to
support students in the legal custody of the Department of
Children and Family Services. Liaison responsibilities may
include the following:
(1) streamlining the enrollment processes for students
in foster care;
(2) implementing student data tracking and monitoring
mechanisms;
(3) ensuring that students in the legal custody of the
Department of Children and Family Services receive all
school nutrition and meal programs available;
(4) coordinating student withdrawal from a school,
record transfers, and credit recovery;
(5) becoming experts on the foster care system and
State laws and policies in place that support children
under the legal custody of the Department of Children and
Family Services;
(6) coordinating with child welfare partners;
(7) providing foster care-related information and
training to the school district;
(8) working with the Department of Children and Family

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Services to help students maintain their school placement,
if appropriate;
(9) reviewing student schedules to ensure that
students are on track to graduate;
(10) encouraging a successful transition into
adulthood and post-secondary opportunities;
(11) encouraging involvement in extracurricular
activities; and
(12) knowing what support is available within the
school district and community for students in the legal
custody of the Department of Children and Family Services.
(c) (Blank). A school district is encouraged to designate a
liaison by the beginning of the 2017-2018 school year.
(d) Individuals licensed under Article 21B of this Code
acting as a liaison under this Section shall perform the duties
of a liaison in addition to existing contractual obligations.
(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
(105 ILCS 5/10-20.69 new)
Sec. 10-20.69. Parent-teacher conference and other
meetings; caseworker. For any student who is in the legal
custody of the Department of Children and Family Services, a
school board must inform the student's caseworker of a
parent-teacher conference or any other meeting concerning the
student that would otherwise involve a parent and must, at the
option of the caseworker, allow the caseworker to attend the

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conference or meeting.
(105 ILCS 5/10-21.8) (from Ch. 122, par. 10-21.8)
Sec. 10-21.8. Correspondence and Reports. In the absence of
any court order to the contrary to require that, upon the
request of either parent of a pupil whose parents are divorced
or, if the student is in the legal custody of the Department of
Children and Family Services, a caseworker, copies of the
following: reports or records which reflect the pupil's
academic progress, reports of the pupil's emotional and
physical health, notices of school-initiated parent-teacher
conference, notices of major school-sponsored events, such as
open houses, which involve pupil-parent interaction, and
copies of the school calendar regarding the child which are
furnished by the school district to one parent be furnished by
mail to the other parent or, if applicable, the caseworker.
Notwithstanding the foregoing provisions of this Section a
school board shall not, under the authority of this Section,
refuse to mail copies of reports, records, notices or other
documents regarding a pupil to a parent of the pupil as
provided by this Section, unless the school board first has
been furnished with a certified copy of the court order
prohibiting the release of such reports, records, notices or
other documents to that parent. No such reports or records with
respect to a pupil shall be provided to a parent who has been
prohibited by an order of protection from inspecting or

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obtaining school records of that pupil pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 86-966.)
(105 ILCS 5/13B-60.10)
Sec. 13B-60.10. Parent conference. Before being enrolled
in an alternative learning opportunities program, the student
and each of his or her parents or guardians, and, if the
student is in the legal custody of the Department of Children
and Family Services, his or her caseworker shall receive
written notice to attend a conference to determine if the
student would benefit from attending an alternative learning
opportunities program. The conference must provide all of the
information necessary for the student and parent or guardian to
make an informed decision regarding enrollment in an
alternative learning opportunities program. The conference
shall include a discussion of the extent to which the student,
if enrolled in the program, may participate in school
activities. No student shall be enrolled in an alternative
learning opportunities program without the consent of the
student's parent or guardian.
(Source: P.A. 92-42, eff. 1-1-02.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of
children.

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(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules definitions
of "case study", "staff conference", "individualized
educational program", and "qualified specialist" appropriate
to each category of children with disabilities as defined in
this Article. For purposes of determining the eligibility of
children from homes in which a language other than English is
used, the State Board of Education shall include in the rules
definitions for "qualified bilingual specialists" and
"linguistically and culturally appropriate individualized
educational programs". For purposes of this Section, as well as
Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals

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with Disabilities Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child and, if the child is in the legal
custody of the Department of Children and Family Services, his
or her caseworker shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and, in
the case of the parent, be informed of his or her their right
to obtain an independent educational evaluation if he or she
disagrees they disagree with the evaluation findings conducted
or obtained by the school district. If the school district's
evaluation is shown to be inappropriate, the school district
shall reimburse the parent for the cost of the independent
evaluation. The State Board of Education shall, with advice
from the State Advisory Council on Education of Children with
Disabilities on the inclusion of specific independent
educational evaluators, prepare a list of suggested
independent educational evaluators. The State Board of
Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the

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amount that would be received by a school psychologist for
performing the same services. The State Board of Education
shall supply school districts with such list and make the list
available to parents at their request. School districts shall
make the list available to parents at the time they are
informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30 day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30 day
period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with a

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placement based upon such evaluation and the child shall remain
in his or her regular classroom setting. No child shall be
eligible for admission to a special class for children with a
mental disability who are educable or for children with a
mental disability who are trainable except with a psychological
evaluation and recommendation by a school psychologist.
Consent shall be obtained from the parent of a child before any
evaluation is conducted. If consent is not given by the parent
or if the parent disagrees with the findings of the evaluation,
then the school district may initiate an impartial due process
hearing under this Section. The school district may evaluate
the child if that is the decision resulting from the impartial
due process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall be
made and the IEP meeting shall be completed prior to the first
day of the following school year. Special education and related
services must be provided in accordance with the student's IEP
no later than 10 school attendance days after notice is
provided to the parents pursuant to Section 300.503 of Title 34
of the Code of Federal Regulations and implementing rules
adopted by the State Board of Education. The appropriate

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program pursuant to the individualized educational program of
students whose native tongue is a language other than English
shall reflect the special education, cultural and linguistic
needs. No later than September 1, 1993, the State Board of
Education shall establish standards for the development,
implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of
Education shall further incorporate appropriate monitoring
procedures to verify implementation of these standards. The
district shall indicate to the parent, and the State Board of
Education, and, if applicable, the child's caseworker the
nature of the services the child will receive for the regular
school term while waiting placement in the appropriate special
education class. At the child's initial IEP meeting and at each
annual review meeting, the child's IEP team shall provide the
child's parent or guardian and, if applicable, the child's
caseworker with a written notification that informs the parent
or guardian or the caseworker that the IEP team is required to
consider whether the child requires assistive technology in
order to receive free, appropriate public education. The
notification must also include a toll-free telephone number and
internet address for the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify the

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parents, in writing, of the existence of these schools and the
services they provide and shall make a reasonable effort to
inform the parents of the existence of other, local schools
that provide similar services and the services that these other
schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of the
child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral

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interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be taken
by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is

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essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result in
functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction
that is sufficient to enable the student to communicate with
the same level of proficiency as other students of comparable
ability. Instruction should be provided to the extent that the
student is physically and cognitively able to use Braille.
Braille instruction may be used in combination with other
special education services appropriate to the student's
educational needs. The assessment of each student who is
functionally blind for the purpose of developing the student's
individualized education program shall include documentation
of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized
education program for a student who is functionally blind shall
receive information describing the benefits of Braille
instruction. The individualized education program for each
student who is functionally blind shall specify the appropriate

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learning medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into regular
education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from the
regular classroom instruction and are included on the teacher's
regular education class register. Subject to the limitation of
the preceding sentence, placement in special classes, separate
schools or other removal of the child with a disability from
the regular educational environment shall occur only when the
nature of the severity of the disability is such that education
in the regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily. The placement of
English learners with disabilities shall be in non-restrictive
environments which provide for integration with peers who do
not have disabilities in bilingual classrooms. Annually, each
January, school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern

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the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that such
examination or treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the
parents of a child or, if applicable, the child's caseworker
prior written notice of any decision (a) proposing to initiate
or change, or (b) refusing to initiate or change, the
identification, evaluation, or educational placement of the
child or the provision of a free appropriate public education
to their child, and the reasons therefor. For a parent, such
Such written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,

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unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2 years.
Any parent who is deaf, or does not normally communicate using
spoken English, who participates in a meeting with a
representative of a local educational agency for the purposes
of developing an individualized educational program shall be
entitled to the services of an interpreter.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and

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effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements of
this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the proposed
visit, the purpose of the visit, and the approximate duration
of the visit. The visitor and the school district shall arrange
the visit or visits at times that are mutually agreeable.
Visitors shall comply with school safety, security, and
visitation policies at all times. School district visitation
policies must not conflict with this subsection (g-5). Visitors
shall be required to comply with the requirements of applicable
privacy laws, including those laws protecting the
confidentiality of education records such as the federal Family
Educational Rights and Privacy Act and the Illinois School
Student Records Act. The visitor shall not disrupt the
educational process.

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(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a parent
or child must be afforded reasonable access of sufficient
duration and scope for the purpose of conducting an
evaluation of the child, the child's performance, the
child's current educational program, placement, services,
or environment, or any educational program, placement,
services, or environment proposed for the child, including
interviews of educational personnel, child observations,
assessments, tests or assessments of the child's
educational program, services, or placement or of any
proposed educational program, services, or placement. If
one or more interviews of school personnel are part of the
evaluation, the interviews must be conducted at a mutually
agreed upon time, date, and place that do not interfere
with the school employee's school duties. The school
district may limit interviews to personnel having
information relevant to the child's current educational
services, program, or placement or to a proposed
educational service, program, or placement.

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(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-122, eff. 8-18-17; 100-863, eff.
8-14-18; 100-993, eff. 8-20-18.)
(105 ILCS 5/34-18.52)
Sec. 34-18.52. DCFS liaison.
(a) The board must may appoint at least one employee to act
as a liaison to facilitate the enrollment and transfer of
records of students in the legal custody of the Department of
Children and Family Services when enrolling in or changing
schools. The board may appoint any employee of the school
district who is licensed under Article 21B of this Code to act
as a liaison; however, employees who meet any of the following
criteria must be prioritized for appointment:
(1) Employees who have worked with mobile student
populations or students in foster care.
(2) Employees who are familiar with enrollment, record
transfers, existing community services, and student

HB2840 - 20 - LRB101 08616 AXK 53695 b
support services.
(3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience
with student counseling.
(5) Employees who are knowledgeable on child welfare
policies.
(6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build
capacity and infrastructure within the school district to
support students in the legal custody of the Department of
Children and Family Services. Liaison responsibilities may
include the following:
(1) streamlining the enrollment processes for students
in foster care;
(2) implementing student data tracking and monitoring
mechanisms;
(3) ensuring that students in the legal custody of the
Department of Children and Family Services receive all
school nutrition and meal programs available;
(4) coordinating student withdrawal from a school,
record transfers, and credit recovery;
(5) becoming experts on the foster care system and
State laws and policies in place that support children
under the legal custody of the Department of Children and
Family Services;
(6) coordinating with child welfare partners;

HB2840 - 21 - LRB101 08616 AXK 53695 b
(7) providing foster care-related information and
training to the school district;
(8) working with the Department of Children and Family
Services to help students maintain their school placement,
if appropriate;
(9) reviewing student schedules to ensure that
students are on track to graduate;
(10) encouraging a successful transition into
adulthood and post-secondary opportunities;
(11) encouraging involvement in extracurricular
activities; and
(12) knowing what support is available within the
school district and community for students in the legal
custody of the Department of Children and Family Services.
(c) (Blank). The school district is encouraged to designate
a liaison by the beginning of the 2017-2018 school year.
(d) Individuals licensed under Article 21B of this Code
acting as a liaison under this Section shall perform the duties
of a liaison in addition to existing contractual obligations.
(Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
(105 ILCS 5/34-18.61 new)
Sec. 34-18.61. Parent-teacher conference and other
meetings; caseworker. For any student who is in the legal
custody of the Department of Children and Family Services, the
board must inform the student's caseworker of a parent-teacher

HB2840 - 22 - LRB101 08616 AXK 53695 b
conference or any other meeting concerning the student that
would otherwise involve a parent and must, at the option of the
caseworker, allow the caseworker to attend the conference or
meeting.
Section 10. The Illinois School Student Records Act is
amended by changing Sections 2, 4, 5, and 6 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school, but
does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings

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or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the student's
graduation or permanent withdrawal from the school; and
provided further that no such records or recorded information
may be released or disclosed to any person except a person
designated by the school as a substitute unless they are first
incorporated in a school student record and made subject to all
of the provisions of this Act. School student records shall not
include information maintained by law enforcement
professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of

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the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act. In addition, the student temporary record shall
include information regarding serious disciplinary infractions
that resulted in expulsion, suspension, or the imposition of
punishment or sanction. For purposes of this provision, serious
disciplinary infractions means: infractions involving drugs,
weapons, or bodily harm to another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Department" means the Department of Children and
Family Services.
(Source: P.A. 92-295, eff. 1-1-02.)
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
Sec. 4. (a) Each school shall designate an official records
custodian who is responsible for the maintenance, care and
security of all school student records, whether or not such
records are in his personal custody or control.

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(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school student
record shall be limited to information which is of clear
relevance to the education of the student.
(d) Information added to a student temporary record after
the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or otherwise
permanently withdrawn from the school.
(f) Each school shall maintain student temporary records
and the information contained in those records for not less
than 5 years after the student has transferred, graduated, or
otherwise withdrawn from the school. However, student
temporary records shall not be disclosed except as provided in
Section 5 or 6 or by court order. A school may maintain
indefinitely anonymous information from student temporary
records for authorized research, statistical reporting or
planning purposes, provided that no student or parent can be
individually identified from the information maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically

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review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review of
the student temporary records and length of time for
maintenance of entries to such records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent and, if the student
is in the legal custody of the Department of Children and
Family Services, his or her caseworker shall be given
reasonable prior notice at his or her last known address in
accordance with regulations adopted by the State Board and an
opportunity to copy the record and information proposed to be
destroyed or deleted.
(i) No school shall be required to separate permanent and
temporary school student records of a student not enrolled in
such school on or after the effective date of this Act or to
destroy any such records, or comply with the provisions of
paragraph (g) of this Section with respect to such records,
except (1) in accordance with the request of the parent that
any or all of such actions be taken in compliance with the
provisions of this Act or (2) in accordance with regulations
adopted by the State Board.
(Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)
(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 and, if the child is in the
legal custody of the Department of Children and Family
Services, his or her caseworker 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
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.
(b) Whenever access to any person is granted pursuant to
paragraph (a) of this Section, at the option of that person
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 or the
Department, 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 presence of the professional.
If the parent or the Department so requests, the school shall
secure and bear any cost of the presence of a professional

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employed by the school.
(c) A parent's or student's or, if applicable, a
caseworker'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 days after the date of receipt of
such request by the official records custodian.
(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
part at other locations than the office having charge of
the requested records;
(2) the request requires the collection of a
substantial number of specified records;
(3) the request is couched in categorical terms and
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

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(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
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.
(e) Nothing contained in this Section 5 shall make
available to a parent or student or, if applicable, a
caseworker confidential letters and statements of
recommendation furnished in connection with applications for
employment to a post-secondary educational institution or the
receipt of an honor or honorary recognition, provided such

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letters and statements are not used for purposes other than
those for which they were specifically intended, and
(1) were placed in a school student record prior to
January 1, 1975; or
(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.
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
(1) Communications otherwise protected by law as
privileged or confidential, including but not limited to,
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
(2) Information which is communicated by a student or
parent in confidence to school personnel; or
(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.
(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

HB2840 - 31 - LRB101 08616 AXK 53695 b
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. 100-532, eff. 9-22-17.)
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) to a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) to an employee or official of the school or school
district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) to the official records custodian of another school
within Illinois or an official with similar
responsibilities of a school outside Illinois, in which the
student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) to any person for the purpose of research,
statistical reporting, or planning, provided that such
research, statistical reporting, or planning is
permissible under and undertaken in accordance with the
federal Family Educational Rights and Privacy Act (20

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U.S.C. 1232g);
(5) pursuant to a court order, provided that the parent
shall be given prompt written notice upon receipt of such
order of the terms of the order, the nature and substance
of the information proposed to be released in compliance
with such order and an opportunity to inspect and copy the
school student records and to challenge their contents
pursuant to Section 7;
(6) to any person as specifically required by State or
federal law;
(6.5) to juvenile authorities when necessary for the
discharge of their official duties who request information
prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff
of the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public or private agency
having custody of the child pursuant to court order; (v)
any individual, public or private agency providing
education, medical or mental health service to the child
when the requested information is needed to determine the

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appropriate service or treatment for the minor; (vi) any
potential placement provider when such release is
authorized by the court for the limited purpose of
determining the appropriateness of the potential
placement; (vii) law enforcement officers and prosecutors;
(viii) adult and juvenile prisoner review boards; (ix)
authorized military personnel; (x) individuals authorized
by court;
(7) subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or other persons;
(8) to any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the time
any such consent is requested or obtained, the parent shall
be advised in writing that he has the right to inspect and
copy such records in accordance with Section 5, to
challenge their contents in accordance with Section 7 and
to limit any such consent to designated records or
designated portions of the information contained therein;
(9) to a governmental agency, or social service agency
contracted by a governmental agency, in furtherance of an
investigation of a student's school attendance pursuant to
the compulsory student attendance laws of this State,
provided that the records are released to the employee or

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agent designated by the agency;
(10) to those SHOCAP committee members who fall within
the meaning of "state and local officials and authorities",
as those terms are used within the meaning of the federal
Family Educational Rights and Privacy Act, for the purposes
of identifying serious habitual juvenile offenders and
matching those offenders with community resources pursuant
to Section 5-145 of the Juvenile Court Act of 1987, but
only to the extent that the release, transfer, disclosure,
or dissemination is consistent with the Family Educational
Rights and Privacy Act;
(11) to the Department of Healthcare and Family
Services in furtherance of the requirements of Section
2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
Section 10 of the School Breakfast and Lunch Program Act;
or
(12) to the State Board or another State government
agency or between or among State government agencies in
order to evaluate or audit federal and State programs or
perform research and planning, but only to the extent that
the release, transfer, disclosure, or dissemination is
consistent with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g); or .
(13) if the student is in the legal custody of the
Department of Children and Family Services, the Department
or a caseworker of the Department.

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(b) No information may be released pursuant to subparagraph
(3) or (6) of paragraph (a) of this Section 6 unless the parent
receives prior written notice of the nature and substance of
the information proposed to be released, and an opportunity to
inspect and copy such records in accordance with Section 5 and
to challenge their contents in accordance with Section 7.
Provided, however, that such notice shall be sufficient if
published in a local newspaper of general circulation or other
publication directed generally to the parents involved where
the proposed release of information is pursuant to subparagraph
(6) of paragraph (a) of this Section 6 and relates to more than
25 students.
(c) A record of any release of information pursuant to this
Section must be made and kept as a part of the school student
record and subject to the access granted by Section 5. Such
record of release shall be maintained for the life of the
school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) the nature and substance of the information
released;
(2) the name and signature of the official records
custodian releasing such information;
(3) the name of the person requesting such information,
the capacity in which such a request has been made, and the
purpose of such request;

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(4) the date of the release; and
(5) a copy of any consent to such release.
(d) Except for the student and his or her parents or, if
applicable, caseworker, no person to whom information is
released pursuant to this Section and no person specifically
designated as a representative by a parent may permit any other
person to have access to such information without a prior
consent of the parent obtained in accordance with the
requirements of subparagraph (8) of paragraph (a) of this
Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the State
Board.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.