Bill Text: IL HB4558 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois School Student Records Act. Provides that the definition of "School Student Record" includes the following information used by or assigned to an individual student: (i) any unique identification number; (ii) any unique user name, other than the student's name itself; and (iii) any other unique information used to identify an individual student. Provides that school student records or information contained in the records may be released, transferred, disclosed, or otherwise disseminated to any person or entity (instead of to any person) for the purpose of research, statistical reporting, planning, audit, or evaluation (instead of for the purpose of research, statistical reporting, or planning). Adds as a condition that the parent or eligible student (defined as a student who has reached 18 years of age) provide prior, specific, dated, written consent designating the person to whom the records may be released and, at the time any such consent is requested or obtained, the parent or eligible student is first advised in writing of the specific purpose of the release, transfer, disclosure, or dissemination and has the right to inspect and copy such records, to challenge their contents, and to limit any such consent to designated records or designated portions of the information contained in the records. Provides that a separate, prior, specific, dated, written consent shall be required from the parent or eligible student for each release, transfer, disclosure, or dissemination of school student records or information.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4558 Detail]

Download: Illinois-2013-HB4558-Amended.html

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Rep. Scott Drury

Filed: 4/8/2014

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AMENDMENT TO HOUSE BILL 4558
AMENDMENT NO. ______. Amend House Bill 4558 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois School Student Records Act is
amended by changing Sections 2 and 6 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school, but
does not include a private or non-public school.

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(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually or personally identified,
maintained by a school or at its direction or by an employee of
a school, regardless of how or where the information is stored.
The following shall not be deemed school student records under
this Act: writings or other recorded information maintained by
an employee of a school or other person at the direction of a
school for his or her exclusive use; provided that all such
writings and other recorded information are destroyed not later
than the student's graduation or permanent withdrawal from the
school; and provided further that no such records or recorded
information may be released or disclosed to any person except a
person designated by the school as a substitute unless they are
first incorporated in a school student record and made subject
to all of the provisions of this Act. School student records
shall not include information maintained by law enforcement
professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.

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(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act. In addition, the student temporary record shall
include information regarding serious disciplinary infractions
that resulted in expulsion, suspension, or the imposition of
punishment or sanction. For purposes of this provision, serious
disciplinary infractions means: infractions involving drugs,
weapons, or bodily harm to another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Eligible Student" means a student who has reached 18
years of age.

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(Source: P.A. 92-295, eff. 1-1-02.)
(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 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) Except as set forth in subparagraph (4.5) of this
paragraph (a), to To any person or entity for the purpose
of research, statistical reporting, or planning, audit, or
evaluation, provided that (i) such research, statistical
reporting, or planning, audit, or evaluation is
permissible under and undertaken in accordance with the
federal Family Educational Rights and Privacy Act (20
U.S.C. 1232g) and (ii) the parent or eligible student

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provides prior, specific, dated, written consent
designating the person to whom the records may be released
and, at the time any such consent is requested or obtained,
the parent or eligible student is first advised in writing
of the specific purpose of the release, transfer,
disclosure, or dissemination and has the right to inspect
and copy such records in accordance with Section 5 of this
Act, to challenge their contents in accordance with Section
7 of this Act, and to limit any such consent to designated
records or designated portions of the information
contained in the records. For purposes of this subparagraph
(4), a separate, prior, specific, dated, written consent
shall be required from the parent or eligible student for
each release, transfer, disclosure, or dissemination of
school student records or information;
(4.5) To researchers at an accredited post-secondary
educational institution or an organization conducting
research pursuant to a specific, written agreement with the
school or school district or State Board and in accordance
with the federal Family Educational Rights and Privacy Act
shall comply with the following requirements:
(A) the nature of the research is first publicly
disclosed in advance of the research being conducted by
providing general notice regarding planned studies or
research to parents, guardians, or eligible students
prior to the beginning of each school year and by

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posting an updated notice of additional research or
studies on the Internet website of the school board,
school district, school, or State Board as additional
research or studies are added. If the school board,
school district, or school does not have an Internet
website that can be updated with notice of additional
research or studies, the school board, school
district, or school shall send written notification to
affected parents, guardians, or eligible students as
additional research or studies are added. Any notice
provided under this paragraph shall set forth, in
general terms, the nature of the research, the persons
to whom the research will apply, and the topics
thereof. The notice requirements in this paragraph do
not apply to eligible students or parents or guardians
of students who have graduated or left the school,
school district, or State as of the effective date of
this amendatory Act of the 98th General Assembly.
(B) The post-secondary educational institution or
an organization conducting research and the school,
school district, or State Board shall enter into a data
use agreement which shall be signed by the party
gaining access to the data and the school board, school
district, or school and that complies with the federal
Family Educational Rights and Privacy Act and its
accompanying regulations and, at a minimum, sets forth

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the following:
(i) the post-secondary educational institution
or the organization conducting research shall
abide by all requirements of this subdivision (B);
(ii) the purpose, scope, subjects, and
duration of the study or studies, the information
to be disclosed, and the person or persons to whom
the information shall be disclosed; the person or
persons to whom the information shall be disclosed
may be updated to include additional persons;
(iii) the persons disclosed in item (ii) shall
use school student records only to meet the purpose
or purposes of the study as set forth pursuant to
item (ii) and only after written or other recorded
information concerning a student and by which a
student may be individually identified has been
removed from such records;
(iv) the post-secondary educational
institution or the organization conducting
research shall only use written or other recorded
information concerning a student and by which a
student may be individually or personally
identified to link data files and, in such
instances, the post-secondary educational
institution or the organization conducting
research shall designate in writing the person or

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persons to whom such information will be
disclosed;
(v) the post-secondary educational institution
or the organization conducting research shall
destroy all written or other recorded information
that individually or personally identifies a
student when the information is no longer needed,
but in no event later than 36 months after the
study has been completed;
(vi) the post-secondary educational
institution or the organization conducting
research shall certify in writing that it has the
capacity to and shall restrict access to school
student records and shall maintain the security of
all written and electronic information received
pursuant to this Section in compliance with rules
that shall be adopted by the State Board, which
shall be consistent with and regularly updated to
comply with commonly accepted data-security
practices, including, but not limited to, those
set forth by the United States Department of
Education Privacy Technical Assistance Center;
(vii) in compliance with the rules adopted
pursuant to item (vi), the post-secondary
educational institution or the organization
conducting research shall develop, implement,

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maintain, and use appropriate administrative,
technical, and physical security measures to
preserve the confidentiality, integrity, and
availability of all school student records.
(C) The post-secondary educational institution or
the organization conducting research only uses
personally identifiable information from school
student records to meet the purpose or purposes of the
study as stated in the written data use agreement
described in subdivision (B) of this subparagraph
(4.5).
For purposes of this subparagraph (4.5), any
information by which a student may be individually or
personally identified shall only be released, transferred,
disclosed, or otherwise disseminated as contemplated by
the data use agreement between the parties set forth in
subdivision (B) of this subparagraph (4.5). The school
student records shall be redacted prior to analysis by the
post-secondary educational institution or the organization
conducting research. Any personally identifiable
information used to link data sets shall be stored in a
secure data file or location outside of the secure data
storage where redacted information from the school student
records is stored. The post-secondary educational
institution or the organization conducting research shall
implement and adhere to policies and procedures that

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restrict access to information by which a student may be
individually or personally identified. The post-secondary
educational institution or the organization conducting
research shall designate an individual to act as the
custodian of the personally identifiable information who
is responsible for restricting access to that information.
Nothing in this subparagraph (4.5) shall prohibit the
State Board or any school or school district from providing
personally identifiable information about individual
students to an accredited post-secondary educational
institution or an organization conducting research
pursuant to a specific, written agreement with the school
or school district or State Board and in accordance with
the federal Family Educational Rights and Privacy Act,
where necessary for the State Board, school, or school
district to comply with State or federal statutory
mandates.
(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;

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(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)
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

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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
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

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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).
(b) No information may be released pursuant to
subparagraphs (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) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to this

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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;
(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

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