Bill Text: IL HB3685 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that the State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian. Provides that, subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Provides that any information collected, whether written or oral, must be kept confidential, with exceptions. Provides for legislative findings.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3685 Detail]

Download: Illinois-2019-HB3685-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3685 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.176 new
Amends the School Code. Provides that the State Board of Education, in cooperation with the Department of Human Services, must develop, publish, and make publicly available policies and procedures that comply with the federal Family Educational Rights and Privacy Act of 1974, including, but not limited to, policies that restrict access to the personally identifiable information of a student or a student's parent or guardian. Provides that, subject to the requirements of the Illinois School Student Records Act and the Student Online Personal Protection Act, the State Board may, in cooperation with the Department of Human Services, collect personally identifiable information of a student or a student's parent or guardian only as required to assess eligibility for or to administer public services or programs. Provides that any information collected, whether written or oral, must be kept confidential, with exceptions. Provides for legislative findings.
LRB101 10598 AXK 55704 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3685 LRB101 10598 AXK 55704 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
2-3.176 as follows:
(105 ILCS 5/2-3.176 new)
Sec. 2-3.176. Federal Family Educational Rights and
Privacy Act of 1974; policies.
(a) The General Assembly finds and declares all of the
following:
(1) The privacy of Illinois citizens is of the utmost
importance, and protecting their privacy is a top priority
for the lawmakers of this State.
(2) It is imperative that personal information stay
confidential unless otherwise chosen to be disclosed on an
individual basis.
(3) The privacy of our children is critically
important, especially the privacy of any student data and
any information collected in educational settings,
including day care, home-visiting programs, prevention
initiatives, after-school programs, early intervention
programs, preschool, and a student's kindergarten through
grade 12 educational experience.

HB3685 - 2 - LRB101 10598 AXK 55704 b
(4) Schools and educational settings are safe
environments, and an important component of maintaining
security is ensuring family privacy and protecting student
data.
(b) The State Board of Education, in cooperation with the
Department of Human Services, must develop, publish, and make
publicly available policies and procedures that comply with the
federal Family Educational Rights and Privacy Act of 1974,
including, but not limited to, policies that restrict access to
the personally identifiable information of a student or a
student's parent or guardian.
(c) Subject to the requirements of the Illinois School
Student Records Act and the Student Online Personal Protection
Act, the State Board may, in cooperation with the Department of
Human Services, collect personally identifiable information of
a student or a student's parent or guardian only as required to
assess eligibility for or to administer public services or
programs. Any information collected under this subsection,
whether written or oral, must be kept confidential, except in
the case of either of the following:
(1) If the disclosure is to comply with a judicial
order or lawfully issued subpoena or is in connection with
a health or safety emergency.
(2) If the student or the student's parent or guardian
provides written consent for the disclosure.