Bill Text: IL SB1828 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the P-20 Longitudinal Education Data System Act. Requires the State Board of Education, the Illinois Community College Board, and the Board of Higher Education to jointly establish and maintain a longitudinal data system by entering into one or more agreements that link early learning, elementary, and secondary school student unit records with institution of higher learning student unit records. Subject to appropriation, requires the State Board of Education to establish a data warehouse that integrates data from multiple student unit record systems and supports all of the uses and functions of the longitudinal data system. Provides that the data warehouse must be developed in cooperation with the Illinois Community College Board and the Board of Higher Education and must have the ability to integrate longitudinal data from early learning through the postsecondary level. Sets forth provisions concerning the collection and maintenance of data, data sharing, privacy protection laws, and the performance of an evaluation and submission of a report. Makes changes to the Charter Schools Law of the School Code concerning not being exempt from the Act and the Illinois School Student Records Act concerning the federal Family Educational Rights and Privacy Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2009-07-30 - Public Act . . . . . . . . . 96-0107 [SB1828 Detail]

Download: Illinois-2009-SB1828-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the P-20
Longitudinal Education Data System Act.
Section 5. Findings; declarations. The General Assembly
finds and declares all of the following:
(1) Sound data collection, reporting, and analysis are
critical to building a State education system capable of
ensuring all Illinois students are adequately prepared for
college and the global workforce. School districts and
institutions of higher learning can improve instructional
and educational decision-making using data that is
collected and made available by this State.
(2) Reliable and sufficient education data is
necessary to ensure that this State bases education policy
decisions on valid, objective measures of student
outcomes. Publicly accessible data on State, school
district, and school performance allows the citizens of
this State to assess local and statewide investments in
education.
(3) A national collaborative effort among State
education officials, national education organizations, and

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state and federal policymakers has defined the essential
elements a State longitudinal data system should contain.
Public Law 110-69, the America COMPETES Act, requires state
longitudinal data systems to include all 10 elements
identified by this national, collaborative effort for
states to qualify for federal funding opportunities. The
federal American Recovery and Reinvestment Act of 2009
requires states to establish longitudinal data systems
with all 10 elements to qualify for federal funding for
education, public safety, and other government services.
(4) Public Law 110-134 requires the Illinois Early
Learning Council to develop recommendations regarding the
establishment of a unified data collection system for
public early childhood education and development programs
and services throughout this State, and those efforts
should be coordinated with the development of this State's
longitudinal data system.
(5) State education policymaking benefits from
partnerships between State education agencies and entities
with expertise in education research, including school
districts, institutions of higher learning, and research
organizations. This State should establish systems and
processes to permit qualified researchers to assist with
State evaluation and research functions in a manner
consistent with privacy protection laws.
(6) State education systems and national policymaking

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benefit from multi-state collaborations that are informed
by high quality data collection systems.
(7) This State is committed to establishing and
maintaining a longitudinal student unit record data system
that educators and policymakers can use to analyze and
assess student progress from early learning programs
through postsecondary education and into employment. The
State Board of Education, the Illinois Community College
Board, and the Board of Higher Education have designed,
built, and deployed some of the fundamental components of a
longitudinal data system and have engaged in extensive
efforts to effectively link and use available education
data. However, the various education data components
maintained by this State must be integrated and managed in
a cooperative manner to establish a data-driven,
decision-making environment for this State's education
system.
(8) The longitudinal data system established by this
Act is intended, among other purposes, to link student test
scores, length of enrollment, and graduation records over
time, as permitted by Section 1111(b)(3)(B) of the federal
Elementary and Secondary Education Act (20 U.S.C.
6311(b)(3)(B)).
(9) Students will achieve improved learning outcomes
as a result of the longitudinal data system established by
this Act through instruction and educational programs

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informed by valid and reliable data.
(10) State use and management of education data must be
in accordance with all legal requirements protecting
student privacy and must protect personal information from
intentional or accidental release to unauthorized persons
and from intentional or accidental use for unauthorized
purposes.
Section 10. Definitions. In this Act:
"Community College Board" means the Illinois Community
College Board.
"Community colleges" has the meaning ascribed to that term
in Section 1-2 of the Public Community College Act.
"Early learning" means any publicly funded education and
care program supporting young children not yet enrolled in
kindergarten.
"Elementary" means kindergarten through eighth grade.
"Institution of higher learning" has the meaning ascribed
to that term in Section 10 of the Higher Education Student
Assistance Act.
"Longitudinal data system" means a student unit record data
system that links student records from early learning through
the postsecondary level, which may consist of separate student
unit record systems integrated through agreement and data
transfer mechanisms.
"Privacy protection laws" means the federal Family

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Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
the Illinois School Student Records Act, the Personal
Information Protection Act, and any other State or federal law
relating to the confidentiality and protection of personally
identifiable information.
"Research organization" means a governmental entity,
institution of higher learning, public policy or advocacy
organization, or other person or entity conducting educational
research that (i) is qualified to perform educational research
and protect the privacy of student data, (ii) is seeking to
perform research for a non-commercial purpose authorized by
privacy protection laws, and (iii) agrees to perform the
research pursuant to a written agreement meeting the
requirements of privacy protection laws and this Act.
"School" means any elementary or secondary educational
institution, charter school, vocational school, special
education facility, or any other elementary or secondary
educational agency or institution, but does not include a
non-public school.
"Secondary" means ninth through twelfth grade.
"State Board" means the State Board of Education.
"State Education Authorities" means the State Board,
Community College Board, and Board of Higher Education.
Section 15. Establishment of the longitudinal data system
and data warehouse.

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(a) The State Education Authorities shall jointly
establish and maintain a longitudinal data system by entering
into one or more agreements that link early learning,
elementary, and secondary school student unit records with
institution of higher learning student unit records. To the
extent authorized by this Section and Section 20 of this Act:
(1) the State Board is responsible for collecting and
maintaining authoritative enrollment, completion, and
student characteristic information on early learning,
public school (kindergarten through grade 12), and
non-public school (kindergarten through grade 12)
students;
(2) the Community College Board is responsible for
collecting and maintaining authoritative enrollment,
completion, and student characteristic information on
community college students; and
(3) the Board of Higher Education is responsible for
collecting and maintaining authoritative enrollment,
completion, and student characteristic information on
students enrolled in institutions of higher learning,
other than community colleges.
(b) On or before June 30, 2013, subject to the availability
of funding through appropriations made specifically for the
purposes of this Act, the State Education Authorities shall
improve and expand the longitudinal data system to enable the
State Education Authorities to perform or cause to be performed

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all of the following activities and functions:
(1) Reduce, to the maximum extent possible, the data
collection burden on school districts and institutions of
higher learning by using data submitted to the system for
multiple reporting and analysis functions.
(2) Provide authorized officials of early learning
programs, schools, school districts, and institutions of
higher learning with access to their own student-level
data, summary reports, and data that can be integrated with
additional data maintained outside of the system to inform
education decision-making.
(3) Link data to instructional management tools that
support instruction and assist collaboration among
teachers and postsecondary instructors.
(4) Enhance and expand existing high
school-to-postsecondary reporting systems to inform school
and school district officials, education policymakers, and
members of the public about public school students'
performance in postsecondary education.
(5) Provide data reporting, analysis, and planning
tools that assist with financial oversight, human resource
management, and other education support functions.
(6) Improve student access to educational
opportunities by linking data to student college and career
planning portals, facilitating the submission of
electronic transcripts and scholarship and financial aid

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applications, and enabling the transfer of student records
to officials of a school or institution of higher learning
where a student enrolls or seeks or intends to enroll.
(7) Establish a public Internet web interface that
provides non-confidential data reports and permits queries
so that parents, the media, and other members of the public
can more easily access information pertaining to
statewide, district, and school performance.
(8) Provide research and reports to the General
Assembly that assist with evaluating the effectiveness of
specific programs and that enable legislators to analyze
educational performance within their legislative
districts.
(9) Allow the State Education Authorities to
efficiently meet federal and State reporting requirements
by drawing data for required reports from multiple State
systems.
(10) Establish a system to evaluate teacher and
administrator preparation programs using student academic
growth as one component of evaluation.
(11) In accordance with a data sharing agreement
entered into between the State Education Authorities and
the Illinois Student Assistance Commission, establish
procedures and systems to evaluate the relationship
between need-based financial aid and student enrollment
and success in institutions of higher learning.

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(12) In accordance with data sharing agreements
entered into between the State Education Authorities and
health and human service agencies, establish procedures
and systems to evaluate the relationship between education
and other student and family support systems.
(13) In accordance with data sharing agreements
entered into between the State Education Authorities and
employment and workforce development agencies, establish
procedures and systems to evaluate the relationship
between education programs and outcomes and employment
fields, employment locations, and employment outcomes.
(c) On or before June 30, 2013, subject to the availability
of funding through appropriations made specifically for the
purposes of this Act, the State Board shall establish a data
warehouse that integrates data from multiple student unit
record systems and supports all of the uses and functions of
the longitudinal data system set forth in this Act. The data
warehouse must be developed in cooperation with the Community
College Board and the Board of Higher Education and must have
the ability to integrate longitudinal data from early learning
through the postsecondary level in accordance with one or more
data sharing agreements entered into among the State Education
Authorities. The data warehouse, as integrated with the
longitudinal data system, must include, but is not limited to,
all of the following elements:
(1) A unique statewide student identifier that

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connects student data across key databases across years.
The unique statewide student identifier must not be derived
from a student's social security number and must be
provided to institutions of higher learning to assist with
linkages between early learning through secondary and
postsecondary data.
(2) Student-level enrollment, demographic, and program
participation information, including information on
participation in dual credit programs.
(3) The ability to match individual students'
elementary and secondary test records from year to year to
measure academic growth.
(4) Information on untested students in the elementary
and secondary levels, and the reasons they were not tested.
(5) A teacher and administrator identifier system with
the ability to match students to early learning,
elementary, and secondary teachers and elementary and
secondary administrators. Information able to be obtained
only as a result of the linkage of teacher and student data
through the longitudinal data system may not be used by a
school district for decisions involving teacher pay or
teacher benefits unless the district and the exclusive
bargaining representative of the district's teachers, if
any, have agreed to this use. Information able to be
obtained only as a result of the linkage of teacher and
student data through the longitudinal data system may not

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be used by a school district as part of an evaluation under
Article 24A of the School Code unless, in good faith
cooperation with the school district's teachers or, where
applicable, the exclusive bargaining representative of the
school district's teachers, the school district has
developed an evaluation plan or substantive change to an
evaluation plan that specifically describes the school
district's rationale for using this information for
evaluations, how this information will be used as part of
the evaluation process, and how this information will
relate to evaluation standards. However, nothing in this
subdivision (5) or elsewhere in this Act limits or
restricts (i) a district's use of any local or State data
that has been obtained independently from the linkage of
teacher and student data through the longitudinal data
system or (ii) a charter school's use of any local or State
data in connection with teacher pay, benefits, or
evaluations.
(6) Student-level transcript information, including
information on courses completed and grades earned, from
middle and high schools. The State Board shall establish a
statewide course classification system based upon the
federal School Codes for Exchange of Data or a similar
course classification system. Each school district and
charter school shall map its course descriptions to the
statewide course classification system for the purpose of

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State reporting. School districts and charter schools are
not required to change or modify the locally adopted course
descriptions used for all other purposes. The State Board
shall establish or contract for the establishment of a
technical support and training system to assist schools and
districts with the implementation of this item (6) and
shall, to the extent possible, collect transcript data
using a system that permits automated reporting from
district student information systems.
(7) Student-level college readiness test scores.
(8) Student-level graduation and dropout data.
(9) The ability to match early learning through
secondary student unit records with institution of higher
learning student unit record systems.
(10) A State data audit system assessing data quality,
validity, and reliability.
(d) Using data provided to and maintained by the
longitudinal data system, the State Education Authorities may,
in addition to functions and activities specified elsewhere in
this Section, perform and undertake the following:
(1) research for or on behalf of early learning
programs, schools, school districts, or institutions of
higher learning, which may be performed by one or more
State Education Authorities or through agreements with
research organizations meeting all of the requirements of
this Act and privacy protection laws; and

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(2) audits or evaluations of federal or
State-supported education programs and activities to
enforce federal or State legal requirements with respect to
those programs. Each State Education Authority may assist
another State Education Authority with audit, evaluation,
or enforcement activities and may disclose education
records with each other for those activities relating to
any early learning through postsecondary program. The
State Education Authorities may disclose student
information to authorized officials of a student's former
early learning program, school, or school district to
assist with the evaluation of federal or State-supported
education programs.
(e) In establishing, operating, and expanding the
longitudinal data system, the State Education Authorities
shall convene stakeholders and create opportunities for input
and advice in the areas of data ownership, data use, research
priorities, data management, confidentiality, data access, and
reporting from the system. Such stakeholders include, but are
not limited to, public and non-public institutions of higher
learning, school districts, charter schools, non-public
elementary and secondary schools, early learning programs,
teachers, professors, parents, principals and administrators,
school research consortiums, education policy and advocacy
organizations, news media, the Illinois Student Assistance
Commission, the Illinois Education Research Council, the

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Department of Commerce and Economic Opportunity, the Illinois
Early Learning Council, and the Legislative Research Unit.
(f) Representatives of the State Education Authorities
shall report to and advise the Illinois P-20 Council on the
implementation, operation, and expansion of the longitudinal
data system.
(g) Appropriations made to the State Education Authorities
for the purposes of this Act shall be used exclusively for
expenses for the development and operation of the longitudinal
data system. Authorized expenses of the State Education
Authorities may relate to contracts with outside vendors for
the development and operation of the system, agreements with
other governmental entities or research organizations for
authorized uses and functions of the system, technical support
and training for entities submitting data to the system, or
regular or contractual employees necessary for the system's
development or operation.
Section 20. Collection and maintenance of data.
(a) The State Board is authorized to collect and maintain
data from school districts, schools, and early learning
programs and disclose this data to the longitudinal data system
for the purposes set forth in this Act. The State Board shall
collect data from charter schools with more than one campus in
a manner that can be disaggregated by campus site. The State
Board may also disclose data to the longitudinal data system

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that the State Board is otherwise authorized by law to collect
and maintain.
On or before July 1, 2010, the State Board shall establish
procedures through which State-recognized, non-public schools
may elect to participate in the longitudinal data system by
disclosing data to the State Board for one or more of the
purposes set forth in this Act.
Subject to the availability of funding through
appropriations made specifically for the purposes of this Act,
the State Board shall establish or contract for the
establishment of a technical support and training system to
assist school districts, schools, and early learning programs
with data submission, use, and analysis.
(b) The Community College Board is authorized to collect
and maintain data from community college districts and disclose
this data to the longitudinal data system for the purposes set
forth in this Act. The Community College Board may also
disclose data to the longitudinal data system that the
Community College Board is otherwise authorized by law to
collect and maintain.
Subject to the availability of funding through
appropriations made specifically for the purposes of this Act,
the Community College Board shall establish or contract for the
establishment of a technical support and training system to
assist community colleges with data submission, use, and
analysis.

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(c) The Board of Higher Education is authorized to collect
and maintain data from any public institution of higher
learning, other than community colleges, and disclose this data
to the longitudinal data system for the purposes set forth in
this Act. The Board of Higher Education may also disclose data
to the longitudinal data system that the Board of Higher
Education is otherwise authorized by law to collect and
maintain.
Beginning on July 1, 2012, the Board of Higher Education is
authorized to collect and maintain data from any non-public
institution of higher learning enrolling one or more students
receiving Monetary Award Program grants, pursuant to Section 35
of the Higher Education Student Assistance Act, and disclose
this data to the longitudinal data system for the purposes set
forth in this Act. Prior to July 1, 2012, any non-public
institution of higher learning may elect to participate in the
longitudinal data system by disclosing data for one or more of
the purposes set forth in this Act to the Board of Higher
Education or to a consortium that has contracted with the Board
of Higher Education pursuant to this subsection (c).
The Board of Higher Education may contract with one or more
voluntary consortiums of non-public institutions of higher
learning established for the purpose of data sharing, research,
and analysis. The contract may allow the consortium to collect
data from participating institutions on behalf of the Board of
Higher Education. The contract may provide for consultation

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with a representative committee of participating institutions
and a representative of one or more organizations representing
the participating institutions prior to the use of data from
the consortium for a data sharing arrangement entered into with
any party other than a State Education Authority pursuant to
Section 25 of this Act. The contract may further provide that
individual institutions of higher learning shall have the right
to opt out of specific uses of their data or portions thereof
for reasons specified in the contract. Student-level data
submitted by each institution of higher learning participating
in a consortium that has contracted with the Board of Higher
Education pursuant to this paragraph shall remain the property
of that institution. Upon notice to the consortium and the
Board of Higher Education, any non-public institution of higher
learning shall have the right to remove its data from the
consortium if the institution has reasonable cause to believe
that there is a threat to the security of its data or its data
is used in a manner that violates the terms of the contract
between the consortium and the Board of Higher Education. In
the event data is removed from a consortium pursuant to the
preceding sentence, the data must be returned by the
institution to the consortium after the basis for removal has
been corrected. The data submitted from the consortium to the
Board of Higher Education must be used only for agreed-upon
purposes, as stated in the terms of the contract between the
consortium and the Board of Higher Education. Non-public

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institutions of higher learning submitting student-level data
to a consortium that has contracted with the Board of Higher
Education pursuant to this paragraph shall not be required to
submit student-level data to the Board of Higher Education.
Subject to the availability of funding through
appropriations made specifically for the purposes of this Act,
the Board of Higher Education shall establish or contract for
the establishment of a technical support and training system to
assist institutions of higher learning, other than community
colleges, with data submission, use, and analysis. The Board of
Higher Education may make available grant funding to a
consortium of non-public institutions of higher learning to
provide assistance in the development of a data collection
system. The Board of Higher Education shall engage in a
cooperative planning process with public and non-public
institutions of higher learning and statewide higher education
associations in connection with all of the activities
authorized by this subsection (c).
(d) The State Education Authorities shall establish
procedures and requirements relating to the submission of data
authorized to be collected pursuant to this Section, including
requirements for data specifications, quality, security, and
timeliness. All early learning programs, schools, school
districts, and institutions of higher learning subject to the
data collection authority of a State Education Authority
pursuant to this Section shall comply with the State Education

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Authority's procedures and requirements for data submissions.
A State Education Authority may require that staff responsible
for collecting, validating, and submitting data participate in
training and technical assistance offered by this State if data
is not submitted in accordance with applicable procedures and
requirements.
Section 25. Data sharing.
(a) The State Education Authorities may disclose data from
the longitudinal data system collected pursuant to Section 20
of this Act only in connection with a data sharing arrangement
meeting the requirements of this Section.
(b) Any State agency, board, authority, or commission may
enter into a data sharing arrangement with one or more of the
State Education Authorities to share data to support the
research and evaluation activities authorized by this Act.
State Education Authorities may also enter into data sharing
arrangements with other governmental entities, institutions of
higher learning, and research organizations that support the
research and evaluation activities authorized by this Act.
(c) Any data sharing arrangement entered into pursuant to
this Section must:
(1) be permissible under and undertaken in accordance
with privacy protection laws;
(2) be approved by the following persons:
(A) the State Superintendent of Education or his or

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her designee for the use of early learning, public
school, and non-public school student data;
(B) the chief executive officer of the Community
College Board or his or her designee for the use of
community college student data; and
(C) the executive director of the Board of Higher
Education or his or her designee for the use of student
data from an institution of higher learning, other than
a community college;
(3) not permit the personal identification of any
person by individuals other than authorized
representatives of the recipient entity that have
legitimate interests in the information;
(4) ensure the destruction or return of the data when
no longer needed for the authorized purposes under the data
sharing arrangement; and
(5) be performed pursuant to a written agreement with
the recipient entity that does the following:
(A) specifies the purpose, scope, and duration of
the data sharing arrangement;
(B) requires the recipient of the data to use
personally identifiable information from education
records to meet only the purpose or purposes of the
data sharing arrangement stated in the written
agreement;
(C) describes specific data access, use, and

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security restrictions that the recipient will
undertake; and
(D) includes such other terms and provisions as the
State Education Authorities deem necessary to carry
out the intent and purposes of this Act.
Section 30. Subject to privacy protection laws. The
collection, use, maintenance, disclosure, and sharing of data
authorized by this Act must be conducted in accordance with
privacy protection laws. The State Education Authorities shall
each develop security measures and procedures that protect
personal information from intentional or accidental release to
unauthorized persons and from intentional or accidental use for
unauthorized purposes.
Section 35. No impact on existing authority. This Act does
not modify or diminish any responsibilities or authority that a
State Education Authority or the State Education Authorities
collectively may otherwise have under law with respect to the
collection, use, maintenance, disclosure, and sharing of data.
Section 40. Evaluation. Subject to the availability of
funding through appropriations made specifically for the
purposes of this Act, the State Education Authorities shall
contract with an independent outside evaluator for oversight of
the development and operation of the longitudinal data system.

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The independent outside evaluator shall annually submit a
report to the State Education Authorities, the Illinois P-20
Council, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the
Senate. The report shall include without limitation (i) an
evaluation of the extent to which the system is being developed
and operated to achieve the purposes, objectives, and
requirements of this Act; (ii) an evaluation of the oversight
and governance of the system by the State Education Authorities
and any recommendations to improve the oversight and governance
of the system; and (iii) an evaluation of the security measures
and procedures developed by the State Education Authorities to
protect personally identifiable information and any
recommendations to further ensure the privacy of personally
identifiable information.
Section 500. The School Code is amended by changing Section
27A-5 as follows:
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.

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(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but

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not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school.
(g) A charter school shall comply with all provisions of
this Article and its charter. A charter school is exempt from
all other State laws and regulations in the School Code
governing public schools and local school board policies,
except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the
Statewide Sex Offender Database of applicants for
employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act; and
(7) Section 10-17a of the School Code regarding school
report cards; and .
(8) The P-20 Longitudinal Education Data System Act.
(h) A charter school may negotiate and contract with a

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school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established

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by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219,
eff. 7-14-05.)
Section 505. The Illinois School Student Records Act is
amended by changing Section 6 as follows:
(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

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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
U.S.C. 1232g) no student or parent can be identified from
the information released and the person to whom the
information is released signs an affidavit agreeing to
comply with all applicable statutes and rules pertaining to
school student records;
(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

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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
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

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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
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; or

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(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.
(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 1221 et seq.).
(b) No information may be released pursuant to
subparagraphs (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) in 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

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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;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, 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. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)

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Section 999. Effective date. This Act takes effect upon
becoming law.