Bill Text: IL HB3254 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois School Student Records Act. Provides that if the rights and privileges accorded to a parent under the Act have been transferred to a student, a school must give reasonable prior notice to the student (rather than the parent) before any school student record is destroyed or any information is deleted from that record. Provides that a school may provide reasonable prior notice to a parent or student through (i) notice in the school's student handbook, (ii) publication in a newspaper of general circulation within the school district, or (iii) U.S. mail delivered to the last known address of the parent or student.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3254 Detail]
Download: Illinois-2019-HB3254-Introduced.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois School Student Records Act is | |||||||||||||||||||
| 5 | amended by changing Section 4 as follows:
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| 6 | (105 ILCS 10/4) (from Ch. 122, par. 50-4)
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| 7 | Sec. 4.
(a) Each school shall designate an official records
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| 8 | custodian who is responsible for the maintenance, care and | |||||||||||||||||||
| 9 | security
of all school student records, whether or not such | |||||||||||||||||||
| 10 | records are
in his personal custody or control.
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| 11 | (b) The official records custodian shall take all
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| 12 | reasonable measures to prevent unauthorized access to or
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| 13 | dissemination of school student records.
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| 14 | (c) Information contained in or added to a school student
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| 15 | record shall be limited to information which is of clear | |||||||||||||||||||
| 16 | relevance
to the education of the student.
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| 17 | (d) Information added to a student temporary record
after | |||||||||||||||||||
| 18 | the effective date of this Act shall include the name,
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| 19 | signature and position of the person who has added such
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| 20 | information and the date of its entry into the record.
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| 21 | (e) Each school shall maintain student permanent records | |||||||||||||||||||
| 22 | and the
information contained therein for not less than 60 | |||||||||||||||||||
| 23 | years after the
student has transferred, graduated or otherwise | |||||||||||||||||||
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| 1 | permanently withdrawn
from the school.
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| 2 | (f) Each school shall maintain student temporary records | ||||||
| 3 | and the
information contained in those records for not less | ||||||
| 4 | than 5 years
after the
student has transferred, graduated, or | ||||||
| 5 | otherwise withdrawn from the school.
However, student | ||||||
| 6 | temporary records shall not be
disclosed except as provided in | ||||||
| 7 | Section 5 or 6 or by court order. A school may maintain
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| 8 | indefinitely anonymous information from student temporary | ||||||
| 9 | records
for authorized research, statistical reporting or | ||||||
| 10 | planning purposes,
provided that no student or parent can be | ||||||
| 11 | individually identified
from the information maintained.
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| 12 | (g) The principal of each school or the person with like
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| 13 | responsibilities or his or her designate shall periodically
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| 14 | review each student temporary record for verification of
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| 15 | entries and elimination or correction of all inaccurate,
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| 16 | misleading, unnecessary or irrelevant information. The State
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| 17 | Board shall issue regulations to govern the periodic review of | ||||||
| 18 | the
student temporary records and length of time for | ||||||
| 19 | maintenance of entries to such
records.
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| 20 | (h) Before any school student record is destroyed or
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| 21 | information deleted therefrom, the parent or the student, if | ||||||
| 22 | the rights and privileges accorded to the parent under this Act | ||||||
| 23 | have been transferred to the student, shall be given reasonable
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| 24 | prior notice at his or her last known address in accordance | ||||||
| 25 | with rules
regulations adopted by the State Board and an
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| 26 | opportunity to copy the record and information proposed to be | ||||||
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| 1 | destroyed or
deleted. A school may provide reasonable prior | ||||||
| 2 | notice under this subsection to a parent or student through (i) | ||||||
| 3 | notice in the school's student handbook, (ii) publication in a | ||||||
| 4 | newspaper of general circulation within the school district, or | ||||||
| 5 | (iii) U.S. mail delivered to the last known address of the | ||||||
| 6 | parent or student.
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| 7 | (i) No school shall be required to separate permanent
and | ||||||
| 8 | temporary school student records of a student not enrolled
in | ||||||
| 9 | such school on or after the effective date of this Act
or to | ||||||
| 10 | destroy any such records, or comply with the provisions
of | ||||||
| 11 | paragraph (g) of this Section with respect to such records, | ||||||
| 12 | except (1)
in accordance with the request of the parent that | ||||||
| 13 | any or all of such actions
be taken in compliance with the | ||||||
| 14 | provisions of this Act or (2) in accordance
with regulations | ||||||
| 15 | adopted by the State Board.
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| 16 | (Source: P.A. 90-590, eff. 1-1-00; 90-811, eff. 1-26-99.)
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