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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4558 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED:
105 ILCS 10/2 from Ch. 122, par. 50-2
105 ILCS 10/6 from Ch. 122, par. 50-6
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.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
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 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.
(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 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. "School Student
Record" includes the following information used by or assigned

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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. 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.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the

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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.
(Source: P.A. 92-295, eff. 1-1-02.)

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(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) 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
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,

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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;
(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.

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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
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

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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
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;

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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
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

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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
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.)