Bill Text: IL SB3166 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include a special education summary of performance form. Provides that representatives of the Department of Human Services, for the sole purpose of assessing waiver services qualification of a student, shall have the right to inspect and copy the student's school student permanent record.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB3166 Detail]
Download: Illinois-2023-SB3166-Introduced.html
Bill Title: Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include a special education summary of performance form. Provides that representatives of the Department of Human Services, for the sole purpose of assessing waiver services qualification of a student, shall have the right to inspect and copy the student's school student permanent record.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB3166 Detail]
Download: Illinois-2023-SB3166-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, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois School Student Records Act is | ||||||||||||||||||||||||||
5 | amended by changing Sections 2 and 5 as follows:
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6 | (105 ILCS 10/2) (from Ch. 122, par. 50-2) | ||||||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 102-466 ) | ||||||||||||||||||||||||||
8 | Sec. 2. As used in this Act: | ||||||||||||||||||||||||||
9 | (a) "Student" means any person enrolled or previously | ||||||||||||||||||||||||||
10 | enrolled in a school. | ||||||||||||||||||||||||||
11 | (b) "School" means any public preschool, day care center, | ||||||||||||||||||||||||||
12 | kindergarten, nursery, elementary or secondary educational | ||||||||||||||||||||||||||
13 | institution, vocational school, special educational facility | ||||||||||||||||||||||||||
14 | or any other elementary or secondary educational agency or | ||||||||||||||||||||||||||
15 | institution and any person, agency or institution which | ||||||||||||||||||||||||||
16 | maintains school student records from more than one school, | ||||||||||||||||||||||||||
17 | but does not include a private or non-public school. | ||||||||||||||||||||||||||
18 | (c) "State Board" means the State Board of Education. | ||||||||||||||||||||||||||
19 | (d) "School Student Record" means any writing or other | ||||||||||||||||||||||||||
20 | recorded information concerning a student and by which a | ||||||||||||||||||||||||||
21 | student may be individually identified, maintained by a school | ||||||||||||||||||||||||||
22 | or at its direction or by an employee of a school, regardless | ||||||||||||||||||||||||||
23 | of how or where the information is stored. The following shall |
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1 | not be deemed school student records under this Act: writings | ||||||
2 | or other recorded information maintained by an employee of a | ||||||
3 | school or other person at the direction of a school for his or | ||||||
4 | her exclusive use; provided that all such writings and other | ||||||
5 | recorded information are destroyed not later than the | ||||||
6 | student's graduation or permanent withdrawal from the school; | ||||||
7 | and provided further that no such records or recorded | ||||||
8 | information may be released or disclosed to any person except | ||||||
9 | a person designated by the school as a substitute unless they | ||||||
10 | are first incorporated in a school student record and made | ||||||
11 | subject to all of the provisions of this Act. School student | ||||||
12 | records shall not include information maintained by law | ||||||
13 | enforcement professionals working in the school. | ||||||
14 | (e) "Student Permanent Record" means the minimum personal | ||||||
15 | information necessary to a school in the education of the | ||||||
16 | student and contained in a school student record. Such | ||||||
17 | information may include the student's name, birth date, | ||||||
18 | address, grades , and grade level, parents' names and | ||||||
19 | addresses, attendance records, reports of psychological | ||||||
20 | evaluations, including information on intelligence and | ||||||
21 | personality, academic information obtained through test | ||||||
22 | administration, observation, or interviews, elementary and | ||||||
23 | secondary achievement-level test results, special education | ||||||
24 | records, records associated with a plan developed under | ||||||
25 | Section 504 of the federal Rehabilitation Act of 1973, and | ||||||
26 | such other entries as the State Board may require or |
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1 | authorize. | ||||||
2 | (f) "Student Temporary Record" means all information | ||||||
3 | contained in a school student record but not contained in the | ||||||
4 | student permanent record. Such information may include family | ||||||
5 | background information, intelligence test scores, aptitude | ||||||
6 | test scores, psychological and personality test results, | ||||||
7 | teacher evaluations, and other information of clear relevance | ||||||
8 | to the education of the student, all subject to regulations of | ||||||
9 | the State Board. The information shall include information | ||||||
10 | provided under Section 8.6 of the Abused and Neglected Child | ||||||
11 | Reporting Act and information contained in service logs | ||||||
12 | maintained by a local education agency under subsection (d) of | ||||||
13 | Section 14-8.02f of the School Code. In addition, the student | ||||||
14 | temporary record shall include information regarding serious | ||||||
15 | disciplinary infractions that resulted in expulsion, | ||||||
16 | suspension, or the imposition of punishment or sanction. For | ||||||
17 | purposes of this provision, serious disciplinary infractions | ||||||
18 | means: infractions involving drugs, weapons, or bodily harm to | ||||||
19 | another. | ||||||
20 | (g) "Parent" means a person who is the natural parent of | ||||||
21 | the student or other person who has the primary responsibility | ||||||
22 | for the care and upbringing of the student. All rights and | ||||||
23 | privileges accorded to a parent under this Act shall become | ||||||
24 | exclusively those of the student upon his 18th birthday, | ||||||
25 | graduation from secondary school, marriage or entry into | ||||||
26 | military service, whichever occurs first. Such rights and |
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1 | privileges may also be exercised by the student at any time | ||||||
2 | with respect to the student's permanent school record. | ||||||
3 | (h) "Department" means the Department of Children and | ||||||
4 | Family Services. | ||||||
5 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
6 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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7 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
8 | Sec. 2. As used in this Act: | ||||||
9 | (a) "Student" means any person enrolled or previously | ||||||
10 | enrolled in a school. | ||||||
11 | (b) "School" means any public preschool, day care center, | ||||||
12 | kindergarten, nursery, elementary or secondary educational | ||||||
13 | institution, vocational school, special educational facility | ||||||
14 | or any other elementary or secondary educational agency or | ||||||
15 | institution and any person, agency or institution which | ||||||
16 | maintains school student records from more than one school, | ||||||
17 | but does not include a private or non-public school. | ||||||
18 | (c) "State Board" means the State Board of Education. | ||||||
19 | (d) "School Student Record" means any writing or other | ||||||
20 | recorded information concerning a student and by which a | ||||||
21 | student may be individually identified, maintained by a school | ||||||
22 | or at its direction or by an employee of a school, regardless | ||||||
23 | of how or where the information is stored. The following shall | ||||||
24 | not be deemed school student records under this Act: writings | ||||||
25 | or other recorded information maintained by an employee of a |
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1 | school or other person at the direction of a school for his or | ||||||
2 | her exclusive use; provided that all such writings and other | ||||||
3 | recorded information are destroyed not later than the | ||||||
4 | student's graduation or permanent withdrawal from the school; | ||||||
5 | and provided further that no such records or recorded | ||||||
6 | information may be released or disclosed to any person except | ||||||
7 | a person designated by the school as a substitute unless they | ||||||
8 | are first incorporated in a school student record and made | ||||||
9 | subject to all of the provisions of this Act. School student | ||||||
10 | records shall not include information maintained by law | ||||||
11 | enforcement professionals working in the school. | ||||||
12 | (e) "Student Permanent Record" means the minimum personal | ||||||
13 | information necessary to a school in the education of the | ||||||
14 | student and contained in a school student record. Such | ||||||
15 | information may include the student's name, birth date, | ||||||
16 | address, grades , and grade level, parents' names and | ||||||
17 | addresses, attendance records, reports of psychological | ||||||
18 | evaluations, including information on intelligence and | ||||||
19 | personality, academic information obtained through test | ||||||
20 | administration, observation, or interviews, elementary and | ||||||
21 | secondary achievement-level test results, special education | ||||||
22 | records, records associated with a plan developed under | ||||||
23 | Section 504 of the federal Rehabilitation Act of 1973, and | ||||||
24 | such other entries as the State Board may require or | ||||||
25 | authorize. | ||||||
26 | (f) "Student Temporary Record" means all information |
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1 | contained in a school student record but not contained in the | ||||||
2 | student permanent record. Such information may include family | ||||||
3 | background information, intelligence test scores, aptitude | ||||||
4 | test scores, psychological and personality test results, | ||||||
5 | teacher evaluations, and other information of clear relevance | ||||||
6 | to the education of the student, all subject to regulations of | ||||||
7 | the State Board. The information shall include all of the | ||||||
8 | following: | ||||||
9 | (1) Information provided under Section 8.6 of the | ||||||
10 | Abused and Neglected Child Reporting Act and information | ||||||
11 | contained in service logs maintained by a local education | ||||||
12 | agency under subsection (d) of Section 14-8.02f of the | ||||||
13 | School Code. | ||||||
14 | (2) Information regarding serious disciplinary | ||||||
15 | infractions that resulted in expulsion, suspension, or the | ||||||
16 | imposition of punishment or sanction. For purposes of this | ||||||
17 | provision, serious disciplinary infractions means: | ||||||
18 | infractions involving drugs, weapons, or bodily harm to | ||||||
19 | another. | ||||||
20 | (3) Information concerning a student's status and | ||||||
21 | related experiences as a parent, expectant parent, or | ||||||
22 | victim of domestic or sexual violence, as defined in | ||||||
23 | Article 26A of the School Code, including a statement of | ||||||
24 | the student or any other documentation, record, or | ||||||
25 | corroborating evidence and the fact that the student has | ||||||
26 | requested or obtained assistance, support, or services |
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1 | related to that status. Enforcement of this paragraph (3) | ||||||
2 | shall follow the procedures provided in Section 26A-40 of | ||||||
3 | the School Code. | ||||||
4 | (g) "Parent" means a person who is the natural parent of | ||||||
5 | the student or other person who has the primary responsibility | ||||||
6 | for the care and upbringing of the student. All rights and | ||||||
7 | privileges accorded to a parent under this Act shall become | ||||||
8 | exclusively those of the student upon his 18th birthday, | ||||||
9 | graduation from secondary school, marriage or entry into | ||||||
10 | military service, whichever occurs first. Such rights and | ||||||
11 | privileges may also be exercised by the student at any time | ||||||
12 | with respect to the student's permanent school record. | ||||||
13 | (h) "Department" means the Department of Children and | ||||||
14 | Family Services. | ||||||
15 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
16 | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
17 | 5-13-22.)
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18 | (105 ILCS 10/5) (from Ch. 122, par. 50-5) | ||||||
19 | Sec. 5. (a) A parent or any person specifically designated | ||||||
20 | as a representative by a parent and, if the child is in the | ||||||
21 | legal custody of the Department of Children and Family | ||||||
22 | Services, the Department's Office of Education and Transition | ||||||
23 | Services shall have the right to inspect and copy all school | ||||||
24 | student permanent and temporary records of that child. A | ||||||
25 | student shall have the right to inspect and copy his or her |
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1 | school student permanent record. No person who is prohibited | ||||||
2 | by an order of protection from inspecting or obtaining school | ||||||
3 | records of a student pursuant to the Illinois Domestic | ||||||
4 | Violence Act of 1986, as now or hereafter amended, shall have | ||||||
5 | any right of access to, or inspection of, the school records of | ||||||
6 | that student. If a school's principal or person with like | ||||||
7 | responsibilities or his designee has knowledge of such order | ||||||
8 | of protection, the school shall prohibit access or inspection | ||||||
9 | of the student's school records by such person. | ||||||
10 | (b) Whenever access to any person is granted pursuant to | ||||||
11 | paragraph (a) of this Section, at the option of that person or | ||||||
12 | the school, a qualified professional, who may be a | ||||||
13 | psychologist, counsellor or other advisor, and who may be an | ||||||
14 | employee of the school or employed by the parent or the | ||||||
15 | Department, may be present to interpret the information | ||||||
16 | contained in the student temporary record. If the school | ||||||
17 | requires that a professional be present, the school shall | ||||||
18 | secure and bear any cost of the presence of the professional. | ||||||
19 | If the parent or the Department so requests, the school shall | ||||||
20 | secure and bear any cost of the presence of a professional | ||||||
21 | employed by the school. | ||||||
22 | (c) A parent's or student's or, if applicable, the | ||||||
23 | Department's Office of Education and Transition Services' | ||||||
24 | request to inspect and copy records, or to allow a | ||||||
25 | specifically designated representative to inspect and copy | ||||||
26 | records, must be granted within a reasonable time, and in no |
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1 | case later than 10 business days after the date of receipt of | ||||||
2 | such request by the official records custodian. | ||||||
3 | (c-5) The time for response under this Section may be | ||||||
4 | extended by the school district by not more than 5 business | ||||||
5 | days from the original due date for any of the following | ||||||
6 | reasons: | ||||||
7 | (1) the requested records are stored in whole or in | ||||||
8 | part at other locations than the office having charge of | ||||||
9 | the requested records; | ||||||
10 | (2) the request requires the collection of a | ||||||
11 | substantial number of specified records; | ||||||
12 | (3) the request is couched in categorical terms and | ||||||
13 | requires an extensive search for the records responsive to | ||||||
14 | it; | ||||||
15 | (4) the requested records have not been located in the | ||||||
16 | course of routine search and additional efforts are being | ||||||
17 | made to locate them; | ||||||
18 | (5) the request for records cannot be complied with by | ||||||
19 | the school district within the time limits prescribed by | ||||||
20 | subsection (c) of this Section without unduly burdening or | ||||||
21 | interfering with the operations of the school district; or | ||||||
22 | (6) there is a need for consultation, which shall be | ||||||
23 | conducted with all practicable speed, with another public | ||||||
24 | body or school district or among 2 or more components of a | ||||||
25 | public body or school district having a substantial | ||||||
26 | interest in the determination or in the subject matter of |
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1 | the request. | ||||||
2 | The person making a request and the school district may | ||||||
3 | agree in writing to extend the time for compliance for a period | ||||||
4 | to be determined by the parties. If the requester and the | ||||||
5 | school district agree to extend the period for compliance, a | ||||||
6 | failure by the school district to comply with any previous | ||||||
7 | deadlines shall not be treated as a denial of the request for | ||||||
8 | the records. | ||||||
9 | (d) The school may charge its reasonable costs for the | ||||||
10 | copying of school student records, not to exceed the amounts | ||||||
11 | fixed in schedules adopted by the State Board, to any person | ||||||
12 | permitted to copy such records, except that no parent or | ||||||
13 | student shall be denied a copy of school student records as | ||||||
14 | permitted under this Section 5 for inability to bear the cost | ||||||
15 | of such copying. If consent is provided by a student or the | ||||||
16 | student's parent or guardian, then a copy of the student's | ||||||
17 | school student records shall be provided at no cost to the | ||||||
18 | Guardianship and Advocacy Commission, an independent service | ||||||
19 | coordination agency, or Equip for Equality to establish access | ||||||
20 | to adult disability services and related benefits. | ||||||
21 | (e) Nothing contained in this Section 5 shall make | ||||||
22 | available to a parent or student or, if applicable, the | ||||||
23 | Department's Office of Education and Transition Services | ||||||
24 | confidential letters and statements of recommendation | ||||||
25 | furnished in connection with applications for employment to a | ||||||
26 | post-secondary educational institution or the receipt of an |
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1 | honor or honorary recognition, provided such letters and | ||||||
2 | statements are not used for purposes other than those for | ||||||
3 | which they were specifically intended, and | ||||||
4 | (1) were placed in a school student record prior to | ||||||
5 | January 1, 1975; or | ||||||
6 | (2) the student has waived access thereto after being | ||||||
7 | advised of his right to obtain upon request the names of | ||||||
8 | all such persons making such confidential recommendations. | ||||||
9 | (f) Nothing contained in this Act shall be construed to | ||||||
10 | impair or limit the confidentiality of: | ||||||
11 | (1) Communications otherwise protected by law as | ||||||
12 | privileged or confidential, including but not limited to, | ||||||
13 | information communicated in confidence to a physician, | ||||||
14 | psychologist or other psychotherapist, school social | ||||||
15 | worker, school counselor, school psychologist, or school | ||||||
16 | social worker, school counselor, or school psychologist | ||||||
17 | intern who works under the direct supervision of a school | ||||||
18 | social worker, school counselor, or school psychologist; | ||||||
19 | or | ||||||
20 | (2) Information which is communicated by a student or | ||||||
21 | parent in confidence to school personnel; or | ||||||
22 | (3) Information which is communicated by a student, | ||||||
23 | parent, or guardian to a law enforcement professional | ||||||
24 | working in the school, except as provided by court order. | ||||||
25 | (g) No school employee shall be subjected to adverse | ||||||
26 | employment action, the threat of adverse employment action, or |
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1 | any manner of discrimination because the employee is acting or | ||||||
2 | has acted to protect communications as privileged or | ||||||
3 | confidential pursuant to applicable provisions of State or | ||||||
4 | federal law or rule or regulation. | ||||||
5 | (Source: P.A. 102-199, eff. 7-1-22 .)
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