Bill Text: IL SB3092 | 2013-2014 | 98th General Assembly | Amended

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

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Bill Title: Amends the P-20 Longitudinal Education Data System Act. Provides that if an audit or evaluation or a compliance or enforcement activity in connection with legal requirements that relate to State-supported or school district-supported educational programs requires or is used as the basis for granting access to personally identifiable information, the State Board of Education or a public school shall designate parties only under its direct control to act as authorized representatives to conduct the audit, evaluation, or activity. Limits the disclosure of personally identifiable information by the State Board or a public school with respect to (i) a contractor, consultant, or other party to whom the State Board or school has outsourced services or functions; (ii) a party conducting certain studies for or on behalf of the State Board or school; (iii) any party for a commercial use; or (iv) the provision of services other than contracting, studies, and audits or evaluations. Limits the maintenance of personally identifiable information and provides for disclosure and notification. Limits appending education records with personally identifiable information obtained from other federal or State agencies through data matches. Provides for civil penalties. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3092 Detail]

Download: Illinois-2013-SB3092-Amended.html

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Sen. William Delgado

Filed: 4/29/2014

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AMENDMENT TO SENATE BILL 3092
AMENDMENT NO. ______. Amend Senate Bill 3092, AS AMENDED,
with reference to page and line numbers of Senate Amendment No.
1, as follows:
by replacing line 25 on page 5 through line 3 on page 7 with the
following:
"of 1974 and its accompanying rules; and"; and
on page 10, line 23, by deleting "or" ; and
on page 10, line 26, by replacing "services." with "services;
or"; and
on page 10, immediately below line 26, by inserting the
following:
"(3) designed to support a study of students or former
students."; and

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on page 11, by replacing lines 1 through 24 with the following:
"(i) Any person aggrieved by any violation of this Section
may institute an action for injunctive relief in the circuit
court of the county in which the violation has occurred or the
circuit court of the county in which the school is located. Any
person injured by a willful or negligent violation of this
Section may institute an action for damages in the circuit
court of the county in which the violation has occurred or the
circuit court of the county in which the school is located. In
the case of any successful action under this paragraph, any
person or school found to have willfully or negligently
violated any provision of this Section is liable to the
plaintiff for the plaintiff's damages, the costs of the action,
and reasonable attorney's fees, as determined by the court.
Actions for injunctive relief to secure compliance with
this Section may be brought by the State Board, by the State's
Attorney of the county in which the alleged violation has
occurred or the State's Attorney of the county in which the
school is located, in each case in the circuit court of such
county.
Willful failure to comply with this Section is a petty
offense, except that any person who willfully and maliciously
falsifies any school student record, student permanent record,
or student temporary record is guilty of a Class A misdemeanor.
Absent proof of malice, no cause of action or claim for

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relief, civil or criminal, may be maintained against any
school, employee or official of a school, or person acting at
the direction of a school for any statement made or judgment
expressed in any entry to a school student record of a type
that does not violate this Section or rules adopted by the
State Board, provided that this paragraph does not limit or
deny any defense available under existing law."; and
on page 11, line 25, by replacing "(k)" with "(j)"; and
on page 12, line 2, by replacing "(l)" with "(k)".