Illinois 2023-2024 Regular Session

Illinois House Bill HB5275 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5275 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/5 from Ch. 122, par. 50-5 Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include reports of psychological evaluations, including information on intelligence and personality, academic information obtained through test administration, observation, or interviews, elementary and secondary achievement-level test results, special education records, and records associated with a plan developed under Section 504 of the federal Rehabilitation Act of 1973. With respect to the term "Student Permanent Record", removes intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of a student from the information allowed to be included. Provides that if consent is provided by a student or the student's parent or guardian, then a copy of the student's school student records shall be provided at no cost to the Guardianship and Advocacy Commission, an independent service coordination agency, or Equip for Equality to establish access to adult disability services and related benefits. LRB103 37204 RJT 67323 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5275 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/5 from Ch. 122, par. 50-5 105 ILCS 10/2 from Ch. 122, par. 50-2 105 ILCS 10/5 from Ch. 122, par. 50-5 Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include reports of psychological evaluations, including information on intelligence and personality, academic information obtained through test administration, observation, or interviews, elementary and secondary achievement-level test results, special education records, and records associated with a plan developed under Section 504 of the federal Rehabilitation Act of 1973. With respect to the term "Student Permanent Record", removes intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of a student from the information allowed to be included. Provides that if consent is provided by a student or the student's parent or guardian, then a copy of the student's school student records shall be provided at no cost to the Guardianship and Advocacy Commission, an independent service coordination agency, or Equip for Equality to establish access to adult disability services and related benefits. LRB103 37204 RJT 67323 b LRB103 37204 RJT 67323 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5275 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
33 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/5 from Ch. 122, par. 50-5 105 ILCS 10/2 from Ch. 122, par. 50-2 105 ILCS 10/5 from Ch. 122, par. 50-5
44 105 ILCS 10/2 from Ch. 122, par. 50-2
55 105 ILCS 10/5 from Ch. 122, par. 50-5
66 Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include reports of psychological evaluations, including information on intelligence and personality, academic information obtained through test administration, observation, or interviews, elementary and secondary achievement-level test results, special education records, and records associated with a plan developed under Section 504 of the federal Rehabilitation Act of 1973. With respect to the term "Student Permanent Record", removes intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of a student from the information allowed to be included. Provides that if consent is provided by a student or the student's parent or guardian, then a copy of the student's school student records shall be provided at no cost to the Guardianship and Advocacy Commission, an independent service coordination agency, or Equip for Equality to establish access to adult disability services and related benefits.
77 LRB103 37204 RJT 67323 b LRB103 37204 RJT 67323 b
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99 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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1111 A BILL FOR
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1414 1 AN ACT concerning education.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois School Student Records Act is
1818 5 amended by changing Sections 2 and 5 as follows:
1919 6 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
2020 7 (Text of Section before amendment by P.A. 102-466)
2121 8 Sec. 2. As used in this Act:
2222 9 (a) "Student" means any person enrolled or previously
2323 10 enrolled in a school.
2424 11 (b) "School" means any public preschool, day care center,
2525 12 kindergarten, nursery, elementary or secondary educational
2626 13 institution, vocational school, special educational facility
2727 14 or any other elementary or secondary educational agency or
2828 15 institution and any person, agency or institution which
2929 16 maintains school student records from more than one school,
3030 17 but does not include a private or non-public school.
3131 18 (c) "State Board" means the State Board of Education.
3232 19 (d) "School Student Record" means any writing or other
3333 20 recorded information concerning a student and by which a
3434 21 student may be individually identified, maintained by a school
3535 22 or at its direction or by an employee of a school, regardless
3636 23 of how or where the information is stored. The following shall
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5275 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
4141 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/5 from Ch. 122, par. 50-5 105 ILCS 10/2 from Ch. 122, par. 50-2 105 ILCS 10/5 from Ch. 122, par. 50-5
4242 105 ILCS 10/2 from Ch. 122, par. 50-2
4343 105 ILCS 10/5 from Ch. 122, par. 50-5
4444 Amends the Illinois School Student Records Act. Provides that the term "Student Permanent Record" may include reports of psychological evaluations, including information on intelligence and personality, academic information obtained through test administration, observation, or interviews, elementary and secondary achievement-level test results, special education records, and records associated with a plan developed under Section 504 of the federal Rehabilitation Act of 1973. With respect to the term "Student Permanent Record", removes intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of a student from the information allowed to be included. Provides that if consent is provided by a student or the student's parent or guardian, then a copy of the student's school student records shall be provided at no cost to the Guardianship and Advocacy Commission, an independent service coordination agency, or Equip for Equality to establish access to adult disability services and related benefits.
4545 LRB103 37204 RJT 67323 b LRB103 37204 RJT 67323 b
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4747 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4848 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4949 A BILL FOR
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7979 1 not be deemed school student records under this Act: writings
8080 2 or other recorded information maintained by an employee of a
8181 3 school or other person at the direction of a school for his or
8282 4 her exclusive use; provided that all such writings and other
8383 5 recorded information are destroyed not later than the
8484 6 student's graduation or permanent withdrawal from the school;
8585 7 and provided further that no such records or recorded
8686 8 information may be released or disclosed to any person except
8787 9 a person designated by the school as a substitute unless they
8888 10 are first incorporated in a school student record and made
8989 11 subject to all of the provisions of this Act. School student
9090 12 records shall not include information maintained by law
9191 13 enforcement professionals working in the school.
9292 14 (e) "Student Permanent Record" means the minimum personal
9393 15 information necessary to a school in the education of the
9494 16 student and contained in a school student record. Such
9595 17 information may include the student's name, birth date,
9696 18 address, grades, and grade level, parents' names and
9797 19 addresses, attendance records, reports of psychological
9898 20 evaluations, including information on intelligence and
9999 21 personality, academic information obtained through test
100100 22 administration, observation, or interviews, elementary and
101101 23 secondary achievement-level test results, special education
102102 24 records, records associated with a plan developed under
103103 25 Section 504 of the federal Rehabilitation Act of 1973, and
104104 26 such other entries as the State Board may require or
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115115 1 authorize.
116116 2 (f) "Student Temporary Record" means all information
117117 3 contained in a school student record but not contained in the
118118 4 student permanent record. Such information may include family
119119 5 background information, intelligence test scores, aptitude
120120 6 test scores, psychological and personality test results,
121121 7 teacher evaluations, and other information of clear relevance
122122 8 to the education of the student, all subject to regulations of
123123 9 the State Board. The information shall include information
124124 10 provided under Section 8.6 of the Abused and Neglected Child
125125 11 Reporting Act and information contained in service logs
126126 12 maintained by a local education agency under subsection (d) of
127127 13 Section 14-8.02f of the School Code. In addition, the student
128128 14 temporary record shall include information regarding serious
129129 15 disciplinary infractions that resulted in expulsion,
130130 16 suspension, or the imposition of punishment or sanction. For
131131 17 purposes of this provision, serious disciplinary infractions
132132 18 means: infractions involving drugs, weapons, or bodily harm to
133133 19 another.
134134 20 (g) "Parent" means a person who is the natural parent of
135135 21 the student or other person who has the primary responsibility
136136 22 for the care and upbringing of the student. All rights and
137137 23 privileges accorded to a parent under this Act shall become
138138 24 exclusively those of the student upon his 18th birthday,
139139 25 graduation from secondary school, marriage or entry into
140140 26 military service, whichever occurs first. Such rights and
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151151 1 privileges may also be exercised by the student at any time
152152 2 with respect to the student's permanent school record.
153153 3 (h) "Department" means the Department of Children and
154154 4 Family Services.
155155 5 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
156156 6 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
157157 7 (Text of Section after amendment by P.A. 102-466)
158158 8 Sec. 2. As used in this Act:
159159 9 (a) "Student" means any person enrolled or previously
160160 10 enrolled in a school.
161161 11 (b) "School" means any public preschool, day care center,
162162 12 kindergarten, nursery, elementary or secondary educational
163163 13 institution, vocational school, special educational facility
164164 14 or any other elementary or secondary educational agency or
165165 15 institution and any person, agency or institution which
166166 16 maintains school student records from more than one school,
167167 17 but does not include a private or non-public school.
168168 18 (c) "State Board" means the State Board of Education.
169169 19 (d) "School Student Record" means any writing or other
170170 20 recorded information concerning a student and by which a
171171 21 student may be individually identified, maintained by a school
172172 22 or at its direction or by an employee of a school, regardless
173173 23 of how or where the information is stored. The following shall
174174 24 not be deemed school student records under this Act: writings
175175 25 or other recorded information maintained by an employee of a
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186186 1 school or other person at the direction of a school for his or
187187 2 her exclusive use; provided that all such writings and other
188188 3 recorded information are destroyed not later than the
189189 4 student's graduation or permanent withdrawal from the school;
190190 5 and provided further that no such records or recorded
191191 6 information may be released or disclosed to any person except
192192 7 a person designated by the school as a substitute unless they
193193 8 are first incorporated in a school student record and made
194194 9 subject to all of the provisions of this Act. School student
195195 10 records shall not include information maintained by law
196196 11 enforcement professionals working in the school.
197197 12 (e) "Student Permanent Record" means the minimum personal
198198 13 information necessary to a school in the education of the
199199 14 student and contained in a school student record. Such
200200 15 information may include the student's name, birth date,
201201 16 address, grades, and grade level, parents' names and
202202 17 addresses, attendance records, reports of psychological
203203 18 evaluations, including information on intelligence and
204204 19 personality, academic information obtained through test
205205 20 administration, observation, or interviews, elementary and
206206 21 secondary achievement-level test results, special education
207207 22 records, records associated with a plan developed under
208208 23 Section 504 of the federal Rehabilitation Act of 1973, and
209209 24 such other entries as the State Board may require or
210210 25 authorize.
211211 26 (f) "Student Temporary Record" means all information
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222222 1 contained in a school student record but not contained in the
223223 2 student permanent record. Such information may include family
224224 3 background information, intelligence test scores, aptitude
225225 4 test scores, psychological and personality test results,
226226 5 teacher evaluations, and other information of clear relevance
227227 6 to the education of the student, all subject to regulations of
228228 7 the State Board. The information shall include all of the
229229 8 following:
230230 9 (1) Information provided under Section 8.6 of the
231231 10 Abused and Neglected Child Reporting Act and information
232232 11 contained in service logs maintained by a local education
233233 12 agency under subsection (d) of Section 14-8.02f of the
234234 13 School Code.
235235 14 (2) Information regarding serious disciplinary
236236 15 infractions that resulted in expulsion, suspension, or the
237237 16 imposition of punishment or sanction. For purposes of this
238238 17 provision, serious disciplinary infractions means:
239239 18 infractions involving drugs, weapons, or bodily harm to
240240 19 another.
241241 20 (3) Information concerning a student's status and
242242 21 related experiences as a parent, expectant parent, or
243243 22 victim of domestic or sexual violence, as defined in
244244 23 Article 26A of the School Code, including a statement of
245245 24 the student or any other documentation, record, or
246246 25 corroborating evidence and the fact that the student has
247247 26 requested or obtained assistance, support, or services
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258258 1 related to that status. Enforcement of this paragraph (3)
259259 2 shall follow the procedures provided in Section 26A-40 of
260260 3 the School Code.
261261 4 (g) "Parent" means a person who is the natural parent of
262262 5 the student or other person who has the primary responsibility
263263 6 for the care and upbringing of the student. All rights and
264264 7 privileges accorded to a parent under this Act shall become
265265 8 exclusively those of the student upon his 18th birthday,
266266 9 graduation from secondary school, marriage or entry into
267267 10 military service, whichever occurs first. Such rights and
268268 11 privileges may also be exercised by the student at any time
269269 12 with respect to the student's permanent school record.
270270 13 (h) "Department" means the Department of Children and
271271 14 Family Services.
272272 15 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
273273 16 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
274274 17 5-13-22.)
275275 18 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
276276 19 Sec. 5. (a) A parent or any person specifically designated
277277 20 as a representative by a parent and, if the child is in the
278278 21 legal custody of the Department of Children and Family
279279 22 Services, the Department's Office of Education and Transition
280280 23 Services shall have the right to inspect and copy all school
281281 24 student permanent and temporary records of that child. A
282282 25 student shall have the right to inspect and copy his or her
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293293 1 school student permanent record. No person who is prohibited
294294 2 by an order of protection from inspecting or obtaining school
295295 3 records of a student pursuant to the Illinois Domestic
296296 4 Violence Act of 1986, as now or hereafter amended, shall have
297297 5 any right of access to, or inspection of, the school records of
298298 6 that student. If a school's principal or person with like
299299 7 responsibilities or his designee has knowledge of such order
300300 8 of protection, the school shall prohibit access or inspection
301301 9 of the student's school records by such person.
302302 10 (b) Whenever access to any person is granted pursuant to
303303 11 paragraph (a) of this Section, at the option of that person or
304304 12 the school, a qualified professional, who may be a
305305 13 psychologist, counsellor or other advisor, and who may be an
306306 14 employee of the school or employed by the parent or the
307307 15 Department, may be present to interpret the information
308308 16 contained in the student temporary record. If the school
309309 17 requires that a professional be present, the school shall
310310 18 secure and bear any cost of the presence of the professional.
311311 19 If the parent or the Department so requests, the school shall
312312 20 secure and bear any cost of the presence of a professional
313313 21 employed by the school.
314314 22 (c) A parent's or student's or, if applicable, the
315315 23 Department's Office of Education and Transition Services'
316316 24 request to inspect and copy records, or to allow a
317317 25 specifically designated representative to inspect and copy
318318 26 records, must be granted within a reasonable time, and in no
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329329 1 case later than 10 business days after the date of receipt of
330330 2 such request by the official records custodian.
331331 3 (c-5) The time for response under this Section may be
332332 4 extended by the school district by not more than 5 business
333333 5 days from the original due date for any of the following
334334 6 reasons:
335335 7 (1) the requested records are stored in whole or in
336336 8 part at other locations than the office having charge of
337337 9 the requested records;
338338 10 (2) the request requires the collection of a
339339 11 substantial number of specified records;
340340 12 (3) the request is couched in categorical terms and
341341 13 requires an extensive search for the records responsive to
342342 14 it;
343343 15 (4) the requested records have not been located in the
344344 16 course of routine search and additional efforts are being
345345 17 made to locate them;
346346 18 (5) the request for records cannot be complied with by
347347 19 the school district within the time limits prescribed by
348348 20 subsection (c) of this Section without unduly burdening or
349349 21 interfering with the operations of the school district; or
350350 22 (6) there is a need for consultation, which shall be
351351 23 conducted with all practicable speed, with another public
352352 24 body or school district or among 2 or more components of a
353353 25 public body or school district having a substantial
354354 26 interest in the determination or in the subject matter of
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365365 1 the request.
366366 2 The person making a request and the school district may
367367 3 agree in writing to extend the time for compliance for a period
368368 4 to be determined by the parties. If the requester and the
369369 5 school district agree to extend the period for compliance, a
370370 6 failure by the school district to comply with any previous
371371 7 deadlines shall not be treated as a denial of the request for
372372 8 the records.
373373 9 (d) The school may charge its reasonable costs for the
374374 10 copying of school student records, not to exceed the amounts
375375 11 fixed in schedules adopted by the State Board, to any person
376376 12 permitted to copy such records, except that no parent or
377377 13 student shall be denied a copy of school student records as
378378 14 permitted under this Section 5 for inability to bear the cost
379379 15 of such copying. If consent is provided by a student or the
380380 16 student's parent or guardian, then a copy of the student's
381381 17 school student records shall be provided at no cost to the
382382 18 Guardianship and Advocacy Commission, an independent service
383383 19 coordination agency, or Equip for Equality to establish access
384384 20 to adult disability services and related benefits.
385385 21 (e) Nothing contained in this Section 5 shall make
386386 22 available to a parent or student or, if applicable, the
387387 23 Department's Office of Education and Transition Services
388388 24 confidential letters and statements of recommendation
389389 25 furnished in connection with applications for employment to a
390390 26 post-secondary educational institution or the receipt of an
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401401 1 honor or honorary recognition, provided such letters and
402402 2 statements are not used for purposes other than those for
403403 3 which they were specifically intended, and
404404 4 (1) were placed in a school student record prior to
405405 5 January 1, 1975; or
406406 6 (2) the student has waived access thereto after being
407407 7 advised of his right to obtain upon request the names of
408408 8 all such persons making such confidential recommendations.
409409 9 (f) Nothing contained in this Act shall be construed to
410410 10 impair or limit the confidentiality of:
411411 11 (1) Communications otherwise protected by law as
412412 12 privileged or confidential, including but not limited to,
413413 13 information communicated in confidence to a physician,
414414 14 psychologist or other psychotherapist, school social
415415 15 worker, school counselor, school psychologist, or school
416416 16 social worker, school counselor, or school psychologist
417417 17 intern who works under the direct supervision of a school
418418 18 social worker, school counselor, or school psychologist;
419419 19 or
420420 20 (2) Information which is communicated by a student or
421421 21 parent in confidence to school personnel; or
422422 22 (3) Information which is communicated by a student,
423423 23 parent, or guardian to a law enforcement professional
424424 24 working in the school, except as provided by court order.
425425 25 (g) No school employee shall be subjected to adverse
426426 26 employment action, the threat of adverse employment action, or
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437437 1 any manner of discrimination because the employee is acting or
438438 2 has acted to protect communications as privileged or
439439 3 confidential pursuant to applicable provisions of State or
440440 4 federal law or rule or regulation.
441441 5 (Source: P.A. 102-199, eff. 7-1-22.)
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