Bill Text: IL SB2434 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois School Student Records Act. Provides that school student records or information may be shared under an intergovernmental agreement, if the elementary school district and the high school district have attendance boundaries that overlap and are parties to an intergovernmental agreement that allows the sharing of student records and information between the districts. Requires the sharing of student information under an intergovernmental agreement to be voluntary, to apply only to students who have been enrolled in both districts or would be enrolled in both districts based on district attendance boundaries, and does not exceed the scope of information that is shared among schools in a unit school district. Allows the terms of an intergovernmental agreement to place further limitations on the information that is allowed to be shared. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0557 [SB2434 Detail]

Download: Illinois-2021-SB2434-Chaptered.html

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Public Act 102-0557
SB2434 Enrolled LRB102 12553 CMG 17891 b
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 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

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) 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

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).

(13) Under an intergovernmental agreement if an
elementary school district and a high school district have
attendance boundaries that overlap and are parties to an
intergovernmental agreement that allows the sharing of
student records and information between the districts.
However, the sharing of student information is allowed
under an intergovernmental agreement only if the
intergovernmental agreement meets all of the following
requirements:
(A) The sharing of student information must be
voluntary and at the discretion of each school
district that is a party to the agreement.
(B) The sharing of student information applies
only to students who have been enrolled in both
districts or would be enrolled in both districts based
on district attendance boundaries, and the student's
parent or guardian has expressed in writing that the
student intends to enroll or has enrolled in the high
school district.
(C) The sharing of student information does not
exceed the scope of information that is shared among
schools in a unit school district. However, the terms
of an intergovernmental agreement may place further
limitations on the information that is allowed to be
shared.
(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;
(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.