Bill Text: IL SB3121 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois School Student Records Act. Makes a technical change in a Section concerning disclosure of school student records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-19 - Referred to Assignments [SB3121 Detail]

Download: Illinois-2015-SB3121-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3121 Introduced 2/19/2016, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
105 ILCS 10/6 from Ch. 122, par. 50-6
Amends the Illinois School Student Records Act. Makes a technical change in a Section concerning disclosure of school student records.
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A BILL FOR
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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 5. 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 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

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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);
(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)

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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
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

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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;
(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).

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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 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. 99-78, eff. 7-20-15.)