Rep. Scott Drury
Filed: 5/27/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 3092




2 AMENDMENT NO. ______. Amend Senate Bill 3092 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois School Student Records Act is 
5amended by changing Sections 2 and 6 as follows:




6 (105 ILCS 10/2) (from Ch. 122, par. 50-2)



7 Sec. 2. 
As used in this Act,

8 (a) "Student" means any person enrolled or previously 
9enrolled in a school.

10 (b) "School" means any public preschool, day care center,

11kindergarten, nursery, elementary or secondary educational 
12institution,
vocational school, special educational facility 
13or any other elementary or
secondary educational agency or 
14institution and any person, agency or
institution which 
15maintains school student records from more than one school,
but 
16does not include a private or non-public school.

 
 
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1 (c) "State Board" means the State Board of Education.

2 (d) "School Student Record" means any writing or
other 
3recorded information concerning a student
and by which a 
4student may be individually or personally identified,

5maintained by a school or at its direction or by an employee of 
6a
school, regardless of how or where the information is stored. 
7The following shall not be deemed school student records under

8this Act: writings or other recorded information maintained by 
9an
employee of a school or other person at the direction of a 
10school for his or
her exclusive use; provided that all such 
11writings and other recorded
information are destroyed not later 
12than the student's graduation or permanent
withdrawal from the 
13school; and provided further that no such records or
recorded 
14information may be released or disclosed to any person except a 
15person
designated by the school as
a substitute unless they are 
16first incorporated
in a school student record and made subject 
17to all of the
provisions of this Act.
School student records 
18shall not include information maintained by
law enforcement 
19professionals working in the school.

20 (e) "Student Permanent Record" means the minimum personal

21information necessary to a school in the education of the 
22student
and contained in a school student record. Such 
23information
may include the student's name, birth date, 
24address, grades
and grade level, parents' names and addresses, 
25attendance
records, and such other entries as the State Board 
26may
require or authorize.

 
 
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1 (f) "Student Temporary Record" means all information 
2contained in
a school student record but not contained in
the 
3student permanent record. Such information may include
family 
4background information, intelligence test scores, aptitude

5test scores, psychological and personality test results, 
6teacher
evaluations, and other information of clear relevance 
7to the
education of the student, all subject to regulations of 
8the State Board.
The information shall include information 
9provided under Section 8.6 of the
Abused and Neglected Child 
10Reporting Act.
In addition, the student temporary record shall 
11include information regarding
serious disciplinary infractions 
12that resulted in expulsion, suspension, or the
imposition of 
13punishment or sanction. For purposes of this provision, serious

14disciplinary infractions means: infractions involving drugs, 
15weapons, or bodily
harm to another.

16 (g) "Parent" means a person who is the natural parent of 
17the
student or other person who has the primary responsibility 
18for the
care and upbringing of the student. All rights and 
19privileges accorded
to a parent under this Act shall become 
20exclusively those of the student
upon his 18th birthday, 
21graduation from secondary school, marriage
or entry into 
22military service, whichever occurs first. Such
rights and 
23privileges may also be exercised by the student
at any time 
24with respect to the student's permanent school record.

25 (h) "Eligible Student" means a student who has reached 18 
26years of age. 
 
 
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1(Source: P.A. 92-295, eff. 1-1-02.)





2 (105 ILCS 10/6) (from Ch. 122, par. 50-6)



3 Sec. 6. (a) No school student records or information

4contained therein may be released, transferred, disclosed or 
5otherwise
disseminated, except as follows:


6  (1) To a parent or student or person specifically

7 designated as a representative by a parent, as provided in 
8 paragraph (a)
of Section 5. ;


9  (2) To an employee or official of the school or
school 
10 district or State Board with current demonstrable 
11 educational
or administrative interest in the student, in 
12 furtherance of such interest. ;


13  (3) To the official records custodian of another school 
14 within
Illinois or an official with similar 
15 responsibilities of a school
outside Illinois, in which the 
16 student has enrolled, or intends to enroll,
upon the 
17 request of such official or student. ;


18  (4) Except as set forth in subparagraph (4.5) of this 
19 paragraph (a), to To any person or entity for the purpose 
20 of research,
statistical reporting, or planning, audit, or 
21 evaluation, provided that (i) such research, statistical 
22 reporting, or planning, audit, or evaluation is 
23 permissible under and undertaken in accordance with the 
24 federal Family Educational Rights and Privacy Act (20 
25 U.S.C. 1232g) and (ii) the school board, school district, 
 
 
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1 school, or State Board requires the person or entity to do 
2 the following:
3   (A) Not use, share, disclose, or compile the school 
4 student records or information contained therein for 
5 any purpose other than that for which the information 
6 is provided, which purpose shall be set forth in 
7 writing by the school board, school district, school, 
8 or State Board and signed by the person or entity. 
9   (B) Not use, share, disclose, or compile the school 
10 student records or information contained therein for 
11 any commercial purpose, including, but not limited to, 
12 advertising or profiling. 
13   (C) Not, in any way whatsoever, allow, facilitate, 
14 or aid in the marketing or advertising of a product or 
15 service to a student whose school student records or 
16 the information contained therein has been received by 
17 the person or entity. 
18   (D) Take all reasonable steps to protect the school 
19 student records and information contained therein in a 
20 manner that meets or exceeds reasonable and 
21 appropriate commercial best practices. Where the 
22 school student records or information contained 
23 therein is maintained in an electronic format, 
24 reasonable and appropriate commercial best practices 
25 include, at a minimum, all of the following: 
26    (i) Valid encryption processes for data at 
 
 
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1 rest in the person or entity's own data storage 
2 systems that are consistent with NIST Special 
3 Publication 800-111, Guide to Storage Encryption 
4 Technologies for End User Devices. 
5    (ii) Valid encryption processes for data in 
6 motion on public networks that comply, as 
7 appropriate, with NIST Special Publications 
8 800-52, Guidelines for the Selection and Use of 
9 Transport Layer Security (TLS) Implementations; 
10 NIST Special Publication 800-77, Guide to IPsec 
11 VPNs; or NIST Special Publication 800-113, Guide 
12 to SSL VPNs, or others that are Federal Information 
13 Processing Standards (FIPS) Publication 140-2 
14 validated. 
15   (E) Delete a school student record and information 
16 contained therein if any of the following occurs: 
17    (i) The school student record and information 
18 contained therein is no longer being used for the 
19 purpose directed by the school board, school 
20 district, school, or State Board. 
21    (ii) A parent or eligible student requests 
22 deletion, unless the school student record or 
23 information contained therein is being used or 
24 maintained at the direction of a school board, 
25 school district, or school, or the State Board and 
26 is under the direct control of such school board, 
 
 
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1 school district, school, or State Board. 
2    (iii) The school board, school district, 
3 school, or State Board requests deletion. 
4  (4.1) Nothing in paragraph (4) shall prohibit a person 
5 or entity from sharing, disclosing, or compiling school 
6 student records or the information contained therein if 
7 other provisions of federal or State law require such 
8 sharing, disclosure, or compilation, and the person or 
9 entity complies with the requirements of federal and State 
10 law in protecting that information. 
11  (4.2) If a school board, school district, or school, or 
12 the State Board is unable to gain compliance by a person or 
13 entity with the requirements of paragraph (4), but 
14 determines that releasing, transferring, disclosing, or 
15 otherwise disseminating school student records or 
16 information contained therein to such a person or entity is 
17 essential to an educational objective, the school board, 
18 school district, school, or State Board may release, 
19 transfer, disclose, or otherwise disseminate such school 
20 student records and the information contained therein 
21 provided that all of the following occurs: 
22   (A) The school board, school district, school, or 
23 State Board publicly notifies parents and eligible 
24 students at least 21 days in advance of the student's 
25 school student records or information contained 
26 therein being released, transferred, disclosed, or 
 
 
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1 otherwise disseminated of: (i) the planned release, 
2 transfer, disclosure, or dissemination; and (ii) the 
3 purpose of the planned release, transfer, disclosure, 
4 or dissemination. 
5   (B) The school board, school district, school, or 
6 State Board provides parents and eligible students 
7 with (i) the opportunity to opt out of having the 
8 relevant school student records or information 
9 contained therein released, transferred, disclosed, or 
10 otherwise disseminated; and (ii) instructions setting 
11 forth how to opt out. ;

12  (4.5) To researchers at an accredited post-secondary 
13 educational institution or an organization conducting 
14 research pursuant to a specific, written agreement with the 
15 school or school district or State Board and in accordance 
16 with the federal Family Educational Rights and Privacy Act, 
17 provided that such researchers and organizations comply 
18 with the following requirements:
19   (A) The nature of the research shall be first 
20 publicly disclosed in advance of the research being 
21 conducted by providing general notice regarding 
22 planned studies or research to parents, guardians, or 
23 eligible students prior to the beginning of each school 
24 year and by posting an updated notice of additional 
25 research or studies on the Internet website of the 
26 school board, school district, school, or State Board 
 
 
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1 as additional research or studies are added. If the 
2 school board, school district, or school does not have 
3 an Internet website that can be updated with notice of 
4 additional research or studies, the school board, 
5 school district, or school shall send written 
6 notification to affected parents, guardians, or 
7 eligible students as additional research or studies 
8 are added. Any notice provided under this paragraph 
9 shall set forth, in general terms, the nature of the 
10 research, the persons to whom the research will apply, 
11 and the topics thereof. The notice requirements in this 
12 paragraph do not apply to eligible students or parents 
13 or guardians of students who have graduated or left the 
14 school, school district, or State as of the effective 
15 date of this amendatory Act of the 98th General 
16 Assembly.
17   (B) The post-secondary educational institution or 
18 an organization conducting research and the school, 
19 school district, or State Board shall enter into a data 
20 use agreement which shall be signed by the party 
21 gaining access to the data and the school board, school 
22 district, or school and which complies with the federal 
23 Family Educational Rights and Privacy Act and its 
24 accompanying regulations and, at a minimum, sets forth 
25 the following:
26    (i) a requirement that the post-secondary 
 
 
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1 educational institution or the organization 
2 conducting research shall abide by all 
3 requirements of this subdivision (B);
4    (ii) the purpose, scope, subjects, and 
5 duration of the study or studies, the information 
6 to be disclosed, and the person or persons to whom 
7 the information shall be disclosed; the person or 
8 persons to whom the information shall be disclosed 
9 may be updated to include additional persons;
10    (iii) a requirement that the persons described 
11 in item (ii) shall use school student records only 
12 to meet the purpose or purposes of the study as set 
13 forth pursuant to item (ii) and only after written 
14 or other recorded information concerning a student 
15 and by which a student may be individually 
16 identified has been removed from such records;
17    (iv) a requirement that the post-secondary 
18 educational institution or the organization 
19 conducting research shall use written or other 
20 recorded information concerning a student and by 
21 which a student may be individually or personally 
22 identified only to link data files and, in such 
23 instances, the post-secondary educational 
24 institution or the organization conducting 
25 research shall designate in writing the person or 
26 persons to whom such information will be 
 
 
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1 disclosed;
2    (v) a requirement that the post-secondary 
3 educational institution or the organization 
4 conducting research shall destroy all written or 
5 other recorded information that individually or 
6 personally identifies a student when the 
7 information is no longer needed, but in no event 
8 later than 36 months after the study has been 
9 completed;
10    (vi) a requirement that the post-secondary 
11 educational institution or the organization 
12 conducting research shall certify in writing that 
13 it has the capacity to and shall restrict access to 
14 school student records and shall maintain the 
15 security of all written and electronic information 
16 received pursuant to this Section in compliance 
17 with rules that shall be adopted by the State 
18 Board, which shall be consistent with and 
19 regularly updated to comply with commonly accepted 
20 data-security practices, including, but not 
21 limited to, those set forth by the United States 
22 Department of Education Privacy Technical 
23 Assistance Center;
24    (vii) a requirement that, in compliance with 
25 the rules adopted pursuant to item (vi), the 
26 post-secondary educational institution or the 
 
 
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1 organization conducting research shall develop, 
2 implement, maintain, and use appropriate 
3 administrative, technical, and physical security 
4 measures to preserve the confidentiality, 
5 integrity, and availability of all school student 
6 records.
7   (C) The post-secondary educational institution or 
8 the organization conducting research shall use 
9 personally identifiable information from school 
10 student records only to meet the purpose or purposes of 
11 the study as stated in the written data use agreement 
12 described in subdivision (B) of this subparagraph 
13 (4.5).
14  For purposes of this subparagraph (4.5), any 
15 information by which a student may be individually or 
16 personally identified shall be released, transferred, 
17 disclosed, or otherwise disseminated only as contemplated 
18 by the data use agreement between the parties containing 
19 the provisions set forth in subdivision (B) of this 
20 subparagraph (4.5). The school student records shall be 
21 redacted prior to analysis by the post-secondary 
22 educational institution or the organization conducting 
23 research. Any personally identifiable information used to 
24 link data sets shall be stored in a secure data file or 
25 location outside of the secure data storage where redacted 
26 information from the school student records is stored. The 
 
 
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1 post-secondary educational institution or the organization 
2 conducting research shall implement and adhere to policies 
3 and procedures that restrict access to information by which 
4 a student may be individually or personally identified. The 
5 post-secondary educational institution or the organization 
6 conducting research shall designate an individual to act as 
7 the custodian of the personally identifiable information 
8 who is responsible for restricting access to that 
9 information.
10  Nothing in this subparagraph (4.5) shall prohibit the 
11 State Board or any school or school district from providing 
12 personally identifiable information about individual 
13 students to an accredited post-secondary educational 
14 institution or an organization conducting research 
15 pursuant to a specific, written agreement with the school 
16 or school district or State Board and in accordance with 
17 the federal Family Educational Rights and Privacy Act, 
18 where necessary for the State Board, school, or school 
19 district to comply with State or federal statutory 
20 mandates.

21  (5) Pursuant to a court order, provided that the
parent 
22 shall be given prompt written notice upon receipt
of such 
23 order of the terms of the order, the nature and
substance 
24 of the information proposed to be released
in compliance 
25 with such order and an opportunity to
inspect and copy the 
26 school student records and to
challenge their contents 
 
 
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1 pursuant to Section 7. ;


2  (6) To any person as specifically required by State
or 
3 federal law. ;


4  (6.5) To juvenile authorities
when necessary for the 
5 discharge of their official duties
who request information 
6 prior to
adjudication of the student and who certify in 
7 writing that the information
will not be disclosed to any 
8 other party except as provided under law or order
of court. 
9 For purposes of this Section "juvenile authorities" means:

10 (i) a judge of
the circuit court and members of the staff 
11 of the court designated by the
judge; (ii) parties to the 
12 proceedings under the Juvenile Court Act of 1987 and
their 
13 attorneys; (iii) probation
officers and court appointed 
14 advocates for the juvenile authorized by the judge
hearing 
15 the case; (iv) any individual, public or private agency 
16 having custody
of the child pursuant to court order; (v) 
17 any individual, public or private
agency providing 
18 education, medical or mental health service to the child 
19 when
the requested information is needed to determine the 
20 appropriate service or
treatment for the minor; (vi) any 
21 potential placement provider when such
release
is 
22 authorized by the court for the limited purpose of 
23 determining the
appropriateness of the potential 
24 placement; (vii) law enforcement officers and
prosecutors;

25 (viii) adult and juvenile prisoner review boards; (ix) 
26 authorized military
personnel; (x)
individuals authorized 
 
 
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1 by court. ;


2  (7) Subject to regulations of the State Board,
in 
3 connection with an emergency, to appropriate persons
if the 
4 knowledge of such information is necessary to protect
the 
5 health or safety of the student or other
persons. ;


6  (8) To any person, with the prior specific dated

7 written consent of the parent designating the person
to 
8 whom the records may be released, provided that at
the time 
9 any such consent is requested or obtained,
the parent shall 
10 be advised in writing that he has the right
to inspect and 
11 copy such records in accordance with Section 5, to

12 challenge their contents in accordance with Section 7 and 
13 to limit any such
consent to
designated records or 
14 designated portions of the information contained
therein. 
15 ;


16  (9) To a governmental agency, or social service agency 
17 contracted by a
governmental agency, in furtherance of an 
18 investigation of a student's school
attendance pursuant to 
19 the compulsory student attendance laws of this State,

20 provided that the records are released to the employee or 
21 agent designated by
the agency. ;


22  (10) To those SHOCAP committee members who fall within 
23 the meaning of
"state and local officials and authorities", 
24 as those terms are used within the
meaning of the federal 
25 Family Educational Rights and Privacy Act, for
the
purposes 
26 of identifying serious habitual juvenile offenders and 
 
 
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1 matching those
offenders with community resources pursuant 
2 to Section 5-145 of the Juvenile
Court Act of 1987, but 
3 only to the extent that the release, transfer,
disclosure, 
4 or dissemination is consistent with the Family Educational 
5 Rights
and Privacy Act. ;


6  (11) To the Department of Healthcare and Family 
7 Services in furtherance of the
requirements of Section 
8 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or 
9 Section 10 of the School Breakfast and Lunch
Program Act. ; 
10 or

11  (12) To the State Board or another State government 
12 agency or between or among State government agencies in 
13 order to evaluate or audit federal and State programs or 
14 perform research and planning, but only to the extent that 
15 the release, transfer, disclosure, or dissemination is 
16 consistent with the federal Family Educational Rights and 
17 Privacy Act (20 U.S.C. 1232g). 
18 (b) No information may be released pursuant to 
19subparagraphs (3) or
(6) of paragraph (a) of this Section 6 
20unless the parent receives
prior written notice of the nature 
21and substance of the information
proposed to be released, and 
22an opportunity to inspect
and copy such records in accordance 
23with Section 5 and to
challenge their contents in accordance 
24with Section 7. Provided, however,
that such notice shall be 
25sufficient if published in a local newspaper of
general 
26circulation or other publication directed generally to the 
 
 
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1parents
involved where the proposed release of information is 
2pursuant to
subparagraph 6 of paragraph (a) in this Section 6 
3and relates to more
than 25 students.

4 (c) A record of any release of information pursuant
to this 
5Section must be made and kept as a part of the
school student 
6record and subject to the access granted by Section 5.
Such 
7record of release shall be maintained for the life of the

8school student records and shall be available only to the 
9parent
and the official records custodian.
Each record of 
10release shall also include:


11  (1) The nature and substance of the information 
12 released;


13  (2) The name and signature of the official records

14 custodian releasing such information;


15  (3) The name of the person requesting such information,

16 the capacity in which such a request has been made, and the 
17 purpose of such
request;


18  (4) The date of the release; and


19  (5) A copy of any consent to such release.

20 (d) Except for the student and his parents, no person
to 
21whom information is released pursuant to this Section
and no 
22person specifically designated as a representative by a parent

23may permit any other person to have access to such information 
24without a prior
consent of the parent obtained in accordance 
25with the requirements
of subparagraph (8) of paragraph (a) of 
26this Section.

 
 
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1 (e) Nothing contained in this Act shall prohibit the

2publication of student directories which list student names, 
3addresses
and other identifying information and similar 
4publications which
comply with regulations issued by the State 
5Board.

6(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; 
796-107, eff. 7-30-09; 96-1000, eff. 7-2-10.)


8 Section 10. The Children's Privacy Protection and Parental 
9Empowerment Act is amended by changing Section 10 as follows:




10 (325 ILCS 17/10)



11 Sec. 10. Prohibited act.  
12 (a) The sale or purchase of personal information concerning 
13an individual known to
be a child
without parental consent is 
14prohibited.

15 (b) This Section does not apply when the sale or purchase 
16described in subsection (a) is made under a criminal or civil 
17investigation that is otherwise lawful. 
18(Source: P.A. 93-462, eff. 1-1-04.)


19 (325 ILCS 17/15 rep.)
20 Section 15. The Children's Privacy Protection and Parental 
21Empowerment Act is amended by repealing Section 15.".