IL
Illinois Senate Bill SB3166

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3166 Compare Versions

OldNewDifferences
1-SB3166 EngrossedLRB103 37559 RJT 67685 b SB3166 Engrossed LRB103 37559 RJT 67685 b
2- SB3166 Engrossed LRB103 37559 RJT 67685 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3166 Introduced 2/6/2024, by Sen. David Koehler 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 37559 RJT 67685 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3166 Introduced 2/6/2024, by Sen. David Koehler 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 37559 RJT 67685 b LRB103 37559 RJT 67685 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3166 Introduced 2/6/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
3+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
4+105 ILCS 10/2 from Ch. 122, par. 50-2
5+105 ILCS 10/5 from Ch. 122, par. 50-5
6+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.
7+LRB103 37559 RJT 67685 b LRB103 37559 RJT 67685 b
8+ LRB103 37559 RJT 67685 b
9+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11+A BILL FOR
12+SB3166LRB103 37559 RJT 67685 b SB3166 LRB103 37559 RJT 67685 b
13+ SB3166 LRB103 37559 RJT 67685 b
314 1 AN ACT concerning education.
415 2 Be it enacted by the People of the State of Illinois,
516 3 represented in the General Assembly:
617 4 Section 5. The Illinois School Student Records Act is
718 5 amended by changing Sections 2 and 5 as follows:
819 6 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
920 7 (Text of Section before amendment by P.A. 102-466)
1021 8 Sec. 2. As used in this Act:
1122 9 (a) "Student" means any person enrolled or previously
1223 10 enrolled in a school.
1324 11 (b) "School" means any public preschool, day care center,
1425 12 kindergarten, nursery, elementary or secondary educational
1526 13 institution, vocational school, special educational facility
1627 14 or any other elementary or secondary educational agency or
1728 15 institution and any person, agency or institution which
1829 16 maintains school student records from more than one school,
1930 17 but does not include a private or non-public school.
2031 18 (c) "State Board" means the State Board of Education.
2132 19 (d) "School Student Record" means any writing or other
2233 20 recorded information concerning a student and by which a
2334 21 student may be individually identified, maintained by a school
2435 22 or at its direction or by an employee of a school, regardless
2536 23 of how or where the information is stored. The following shall
2637
2738
2839
29- SB3166 Engrossed LRB103 37559 RJT 67685 b
40+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3166 Introduced 2/6/2024, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
41+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
42+105 ILCS 10/2 from Ch. 122, par. 50-2
43+105 ILCS 10/5 from Ch. 122, par. 50-5
44+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.
45+LRB103 37559 RJT 67685 b LRB103 37559 RJT 67685 b
46+ LRB103 37559 RJT 67685 b
47+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49+A BILL FOR
3050
3151
32-SB3166 Engrossed- 2 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 2 - LRB103 37559 RJT 67685 b
33- SB3166 Engrossed - 2 - LRB103 37559 RJT 67685 b
52+
53+
54+
55+105 ILCS 10/2 from Ch. 122, par. 50-2
56+105 ILCS 10/5 from Ch. 122, par. 50-5
57+
58+
59+
60+ LRB103 37559 RJT 67685 b
61+
62+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
63+
64+
65+
66+
67+
68+
69+
70+
71+
72+
73+
74+ SB3166 LRB103 37559 RJT 67685 b
75+
76+
77+SB3166- 2 -LRB103 37559 RJT 67685 b SB3166 - 2 - LRB103 37559 RJT 67685 b
78+ SB3166 - 2 - LRB103 37559 RJT 67685 b
3479 1 not be deemed school student records under this Act: writings
3580 2 or other recorded information maintained by an employee of a
3681 3 school or other person at the direction of a school for his or
3782 4 her exclusive use; provided that all such writings and other
3883 5 recorded information are destroyed not later than the
3984 6 student's graduation or permanent withdrawal from the school;
4085 7 and provided further that no such records or recorded
4186 8 information may be released or disclosed to any person except
4287 9 a person designated by the school as a substitute unless they
4388 10 are first incorporated in a school student record and made
4489 11 subject to all of the provisions of this Act. School student
4590 12 records shall not include information maintained by law
4691 13 enforcement professionals working in the school.
4792 14 (e) "Student Permanent Record" means the minimum personal
4893 15 information necessary to a school in the education of the
4994 16 student and contained in a school student record. Such
5095 17 information may include the student's name, birth date,
51-18 address, grades and grade level, parents' names and addresses,
52-19 attendance records, a special education summary of performance
53-20 form, and such other entries as the State Board may require or
54-21 authorize.
55-22 (f) "Student Temporary Record" means all information
56-23 contained in a school student record but not contained in the
57-24 student permanent record. Such information may include family
58-25 background information, intelligence test scores, aptitude
59-26 test scores, psychological and personality test results,
96+18 address, grades, and grade level, parents' names and
97+19 addresses, attendance records, reports of psychological
98+20 evaluations, including information on intelligence and
99+21 personality, academic information obtained through test
100+22 administration, observation, or interviews, elementary and
101+23 secondary achievement-level test results, special education
102+24 records, records associated with a plan developed under
103+25 Section 504 of the federal Rehabilitation Act of 1973, and
104+26 such other entries as the State Board may require or
60105
61106
62107
63108
64109
65- SB3166 Engrossed - 2 - LRB103 37559 RJT 67685 b
110+ SB3166 - 2 - LRB103 37559 RJT 67685 b
66111
67112
68-SB3166 Engrossed- 3 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 3 - LRB103 37559 RJT 67685 b
69- SB3166 Engrossed - 3 - LRB103 37559 RJT 67685 b
70-1 teacher evaluations, and other information of clear relevance
71-2 to the education of the student, all subject to regulations of
72-3 the State Board. The information shall include information
73-4 provided under Section 8.6 of the Abused and Neglected Child
74-5 Reporting Act and information contained in service logs
75-6 maintained by a local education agency under subsection (d) of
76-7 Section 14-8.02f of the School Code. In addition, the student
77-8 temporary record shall include information regarding serious
78-9 disciplinary infractions that resulted in expulsion,
79-10 suspension, or the imposition of punishment or sanction. For
80-11 purposes of this provision, serious disciplinary infractions
81-12 means: infractions involving drugs, weapons, or bodily harm to
82-13 another.
83-14 (g) "Parent" means a person who is the natural parent of
84-15 the student or other person who has the primary responsibility
85-16 for the care and upbringing of the student. All rights and
86-17 privileges accorded to a parent under this Act shall become
87-18 exclusively those of the student upon his 18th birthday,
88-19 graduation from secondary school, marriage or entry into
89-20 military service, whichever occurs first. Such rights and
90-21 privileges may also be exercised by the student at any time
91-22 with respect to the student's permanent school record.
92-23 (h) "Department" means the Department of Children and
93-24 Family Services.
94-25 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
95-26 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
113+SB3166- 3 -LRB103 37559 RJT 67685 b SB3166 - 3 - LRB103 37559 RJT 67685 b
114+ SB3166 - 3 - LRB103 37559 RJT 67685 b
115+1 authorize.
116+2 (f) "Student Temporary Record" means all information
117+3 contained in a school student record but not contained in the
118+4 student permanent record. Such information may include family
119+5 background information, intelligence test scores, aptitude
120+6 test scores, psychological and personality test results,
121+7 teacher evaluations, and other information of clear relevance
122+8 to the education of the student, all subject to regulations of
123+9 the State Board. The information shall include information
124+10 provided under Section 8.6 of the Abused and Neglected Child
125+11 Reporting Act and information contained in service logs
126+12 maintained by a local education agency under subsection (d) of
127+13 Section 14-8.02f of the School Code. In addition, the student
128+14 temporary record shall include information regarding serious
129+15 disciplinary infractions that resulted in expulsion,
130+16 suspension, or the imposition of punishment or sanction. For
131+17 purposes of this provision, serious disciplinary infractions
132+18 means: infractions involving drugs, weapons, or bodily harm to
133+19 another.
134+20 (g) "Parent" means a person who is the natural parent of
135+21 the student or other person who has the primary responsibility
136+22 for the care and upbringing of the student. All rights and
137+23 privileges accorded to a parent under this Act shall become
138+24 exclusively those of the student upon his 18th birthday,
139+25 graduation from secondary school, marriage or entry into
140+26 military service, whichever occurs first. Such rights and
96141
97142
98143
99144
100145
101- SB3166 Engrossed - 3 - LRB103 37559 RJT 67685 b
146+ SB3166 - 3 - LRB103 37559 RJT 67685 b
102147
103148
104-SB3166 Engrossed- 4 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 4 - LRB103 37559 RJT 67685 b
105- SB3166 Engrossed - 4 - LRB103 37559 RJT 67685 b
106-1 (Text of Section after amendment by P.A. 102-466)
107-2 Sec. 2. As used in this Act:
108-3 (a) "Student" means any person enrolled or previously
109-4 enrolled in a school.
110-5 (b) "School" means any public preschool, day care center,
111-6 kindergarten, nursery, elementary or secondary educational
112-7 institution, vocational school, special educational facility
113-8 or any other elementary or secondary educational agency or
114-9 institution and any person, agency or institution which
115-10 maintains school student records from more than one school,
116-11 but does not include a private or non-public school.
117-12 (c) "State Board" means the State Board of Education.
118-13 (d) "School Student Record" means any writing or other
119-14 recorded information concerning a student and by which a
120-15 student may be individually identified, maintained by a school
121-16 or at its direction or by an employee of a school, regardless
122-17 of how or where the information is stored. The following shall
123-18 not be deemed school student records under this Act: writings
124-19 or other recorded information maintained by an employee of a
125-20 school or other person at the direction of a school for his or
126-21 her exclusive use; provided that all such writings and other
127-22 recorded information are destroyed not later than the
128-23 student's graduation or permanent withdrawal from the school;
129-24 and provided further that no such records or recorded
130-25 information may be released or disclosed to any person except
149+SB3166- 4 -LRB103 37559 RJT 67685 b SB3166 - 4 - LRB103 37559 RJT 67685 b
150+ SB3166 - 4 - LRB103 37559 RJT 67685 b
151+1 privileges may also be exercised by the student at any time
152+2 with respect to the student's permanent school record.
153+3 (h) "Department" means the Department of Children and
154+4 Family Services.
155+5 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
156+6 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
157+7 (Text of Section after amendment by P.A. 102-466)
158+8 Sec. 2. As used in this Act:
159+9 (a) "Student" means any person enrolled or previously
160+10 enrolled in a school.
161+11 (b) "School" means any public preschool, day care center,
162+12 kindergarten, nursery, elementary or secondary educational
163+13 institution, vocational school, special educational facility
164+14 or any other elementary or secondary educational agency or
165+15 institution and any person, agency or institution which
166+16 maintains school student records from more than one school,
167+17 but does not include a private or non-public school.
168+18 (c) "State Board" means the State Board of Education.
169+19 (d) "School Student Record" means any writing or other
170+20 recorded information concerning a student and by which a
171+21 student may be individually identified, maintained by a school
172+22 or at its direction or by an employee of a school, regardless
173+23 of how or where the information is stored. The following shall
174+24 not be deemed school student records under this Act: writings
175+25 or other recorded information maintained by an employee of a
131176
132177
133178
134179
135180
136- SB3166 Engrossed - 4 - LRB103 37559 RJT 67685 b
181+ SB3166 - 4 - LRB103 37559 RJT 67685 b
137182
138183
139-SB3166 Engrossed- 5 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 5 - LRB103 37559 RJT 67685 b
140- SB3166 Engrossed - 5 - LRB103 37559 RJT 67685 b
141-1 a person designated by the school as a substitute unless they
142-2 are first incorporated in a school student record and made
143-3 subject to all of the provisions of this Act. School student
144-4 records shall not include information maintained by law
145-5 enforcement professionals working in the school.
146-6 (e) "Student Permanent Record" means the minimum personal
147-7 information necessary to a school in the education of the
148-8 student and contained in a school student record. Such
149-9 information may include the student's name, birth date,
150-10 address, grades and grade level, parents' names and addresses,
151-11 attendance records, a special education summary of performance
152-12 form, and such other entries as the State Board may require or
153-13 authorize.
154-14 (f) "Student Temporary Record" means all information
155-15 contained in a school student record but not contained in the
156-16 student permanent record. Such information may include family
157-17 background information, intelligence test scores, aptitude
158-18 test scores, psychological and personality test results,
159-19 teacher evaluations, and other information of clear relevance
160-20 to the education of the student, all subject to regulations of
161-21 the State Board. The information shall include all of the
162-22 following:
163-23 (1) Information provided under Section 8.6 of the
164-24 Abused and Neglected Child Reporting Act and information
165-25 contained in service logs maintained by a local education
166-26 agency under subsection (d) of Section 14-8.02f of the
184+SB3166- 5 -LRB103 37559 RJT 67685 b SB3166 - 5 - LRB103 37559 RJT 67685 b
185+ SB3166 - 5 - LRB103 37559 RJT 67685 b
186+1 school or other person at the direction of a school for his or
187+2 her exclusive use; provided that all such writings and other
188+3 recorded information are destroyed not later than the
189+4 student's graduation or permanent withdrawal from the school;
190+5 and provided further that no such records or recorded
191+6 information may be released or disclosed to any person except
192+7 a person designated by the school as a substitute unless they
193+8 are first incorporated in a school student record and made
194+9 subject to all of the provisions of this Act. School student
195+10 records shall not include information maintained by law
196+11 enforcement professionals working in the school.
197+12 (e) "Student Permanent Record" means the minimum personal
198+13 information necessary to a school in the education of the
199+14 student and contained in a school student record. Such
200+15 information may include the student's name, birth date,
201+16 address, grades, and grade level, parents' names and
202+17 addresses, attendance records, reports of psychological
203+18 evaluations, including information on intelligence and
204+19 personality, academic information obtained through test
205+20 administration, observation, or interviews, elementary and
206+21 secondary achievement-level test results, special education
207+22 records, records associated with a plan developed under
208+23 Section 504 of the federal Rehabilitation Act of 1973, and
209+24 such other entries as the State Board may require or
210+25 authorize.
211+26 (f) "Student Temporary Record" means all information
167212
168213
169214
170215
171216
172- SB3166 Engrossed - 5 - LRB103 37559 RJT 67685 b
217+ SB3166 - 5 - LRB103 37559 RJT 67685 b
173218
174219
175-SB3166 Engrossed- 6 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 6 - LRB103 37559 RJT 67685 b
176- SB3166 Engrossed - 6 - LRB103 37559 RJT 67685 b
177-1 School Code.
178-2 (2) Information regarding serious disciplinary
179-3 infractions that resulted in expulsion, suspension, or the
180-4 imposition of punishment or sanction. For purposes of this
181-5 provision, serious disciplinary infractions means:
182-6 infractions involving drugs, weapons, or bodily harm to
183-7 another.
184-8 (3) Information concerning a student's status and
185-9 related experiences as a parent, expectant parent, or
186-10 victim of domestic or sexual violence, as defined in
187-11 Article 26A of the School Code, including a statement of
188-12 the student or any other documentation, record, or
189-13 corroborating evidence and the fact that the student has
190-14 requested or obtained assistance, support, or services
191-15 related to that status. Enforcement of this paragraph (3)
192-16 shall follow the procedures provided in Section 26A-40 of
193-17 the School Code.
194-18 (g) "Parent" means a person who is the natural parent of
195-19 the student or other person who has the primary responsibility
196-20 for the care and upbringing of the student. All rights and
197-21 privileges accorded to a parent under this Act shall become
198-22 exclusively those of the student upon his 18th birthday,
199-23 graduation from secondary school, marriage or entry into
200-24 military service, whichever occurs first. Such rights and
201-25 privileges may also be exercised by the student at any time
202-26 with respect to the student's permanent school record.
220+SB3166- 6 -LRB103 37559 RJT 67685 b SB3166 - 6 - LRB103 37559 RJT 67685 b
221+ SB3166 - 6 - LRB103 37559 RJT 67685 b
222+1 contained in a school student record but not contained in the
223+2 student permanent record. Such information may include family
224+3 background information, intelligence test scores, aptitude
225+4 test scores, psychological and personality test results,
226+5 teacher evaluations, and other information of clear relevance
227+6 to the education of the student, all subject to regulations of
228+7 the State Board. The information shall include all of the
229+8 following:
230+9 (1) Information provided under Section 8.6 of the
231+10 Abused and Neglected Child Reporting Act and information
232+11 contained in service logs maintained by a local education
233+12 agency under subsection (d) of Section 14-8.02f of the
234+13 School Code.
235+14 (2) Information regarding serious disciplinary
236+15 infractions that resulted in expulsion, suspension, or the
237+16 imposition of punishment or sanction. For purposes of this
238+17 provision, serious disciplinary infractions means:
239+18 infractions involving drugs, weapons, or bodily harm to
240+19 another.
241+20 (3) Information concerning a student's status and
242+21 related experiences as a parent, expectant parent, or
243+22 victim of domestic or sexual violence, as defined in
244+23 Article 26A of the School Code, including a statement of
245+24 the student or any other documentation, record, or
246+25 corroborating evidence and the fact that the student has
247+26 requested or obtained assistance, support, or services
203248
204249
205250
206251
207252
208- SB3166 Engrossed - 6 - LRB103 37559 RJT 67685 b
253+ SB3166 - 6 - LRB103 37559 RJT 67685 b
209254
210255
211-SB3166 Engrossed- 7 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 7 - LRB103 37559 RJT 67685 b
212- SB3166 Engrossed - 7 - LRB103 37559 RJT 67685 b
213-1 (h) "Department" means the Department of Children and
214-2 Family Services.
215-3 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
216-4 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
217-5 5-13-22.)
218-6 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
219-7 Sec. 5. (a) A parent or any person specifically designated
220-8 as a representative by a parent and, if the child is in the
221-9 legal custody of the Department of Children and Family
222-10 Services, the Department's Office of Education and Transition
223-11 Services shall have the right to inspect and copy all school
224-12 student permanent and temporary records of that child. A
225-13 student and representatives of the Department of Human
226-14 Services, for the sole purpose of assessing waiver services
227-15 qualification of the student, shall have the right to inspect
228-16 and copy the student's his or her school student permanent
229-17 record. No person who is prohibited by an order of protection
230-18 from inspecting or obtaining school records of a student
231-19 pursuant to the Illinois Domestic Violence Act of 1986, as now
232-20 or hereafter amended, shall have any right of access to, or
233-21 inspection of, the school records of that student. If a
234-22 school's principal or person with like responsibilities or his
235-23 designee has knowledge of such order of protection, the school
236-24 shall prohibit access or inspection of the student's school
237-25 records by such person.
256+SB3166- 7 -LRB103 37559 RJT 67685 b SB3166 - 7 - LRB103 37559 RJT 67685 b
257+ SB3166 - 7 - LRB103 37559 RJT 67685 b
258+1 related to that status. Enforcement of this paragraph (3)
259+2 shall follow the procedures provided in Section 26A-40 of
260+3 the School Code.
261+4 (g) "Parent" means a person who is the natural parent of
262+5 the student or other person who has the primary responsibility
263+6 for the care and upbringing of the student. All rights and
264+7 privileges accorded to a parent under this Act shall become
265+8 exclusively those of the student upon his 18th birthday,
266+9 graduation from secondary school, marriage or entry into
267+10 military service, whichever occurs first. Such rights and
268+11 privileges may also be exercised by the student at any time
269+12 with respect to the student's permanent school record.
270+13 (h) "Department" means the Department of Children and
271+14 Family Services.
272+15 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
273+16 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
274+17 5-13-22.)
275+18 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
276+19 Sec. 5. (a) A parent or any person specifically designated
277+20 as a representative by a parent and, if the child is in the
278+21 legal custody of the Department of Children and Family
279+22 Services, the Department's Office of Education and Transition
280+23 Services shall have the right to inspect and copy all school
281+24 student permanent and temporary records of that child. A
282+25 student shall have the right to inspect and copy his or her
238283
239284
240285
241286
242287
243- SB3166 Engrossed - 7 - LRB103 37559 RJT 67685 b
288+ SB3166 - 7 - LRB103 37559 RJT 67685 b
244289
245290
246-SB3166 Engrossed- 8 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 8 - LRB103 37559 RJT 67685 b
247- SB3166 Engrossed - 8 - LRB103 37559 RJT 67685 b
248-1 (b) Whenever access to any person is granted pursuant to
249-2 paragraph (a) of this Section, at the option of that person or
250-3 the school, a qualified professional, who may be a
251-4 psychologist, counsellor or other advisor, and who may be an
252-5 employee of the school or employed by the parent or the
253-6 Department, may be present to interpret the information
254-7 contained in the student temporary record. If the school
255-8 requires that a professional be present, the school shall
256-9 secure and bear any cost of the presence of the professional.
257-10 If the parent or the Department so requests, the school shall
258-11 secure and bear any cost of the presence of a professional
259-12 employed by the school.
260-13 (c) A parent's or student's or, if applicable, the
261-14 Department's Office of Education and Transition Services'
262-15 request to inspect and copy records, or to allow a
263-16 specifically designated representative to inspect and copy
264-17 records, must be granted within a reasonable time, and in no
265-18 case later than 10 business days after the date of receipt of
266-19 such request by the official records custodian.
267-20 (c-5) The time for response under this Section may be
268-21 extended by the school district by not more than 5 business
269-22 days from the original due date for any of the following
270-23 reasons:
271-24 (1) the requested records are stored in whole or in
272-25 part at other locations than the office having charge of
273-26 the requested records;
291+SB3166- 8 -LRB103 37559 RJT 67685 b SB3166 - 8 - LRB103 37559 RJT 67685 b
292+ SB3166 - 8 - LRB103 37559 RJT 67685 b
293+1 school student permanent record. No person who is prohibited
294+2 by an order of protection from inspecting or obtaining school
295+3 records of a student pursuant to the Illinois Domestic
296+4 Violence Act of 1986, as now or hereafter amended, shall have
297+5 any right of access to, or inspection of, the school records of
298+6 that student. If a school's principal or person with like
299+7 responsibilities or his designee has knowledge of such order
300+8 of protection, the school shall prohibit access or inspection
301+9 of the student's school records by such person.
302+10 (b) Whenever access to any person is granted pursuant to
303+11 paragraph (a) of this Section, at the option of that person or
304+12 the school, a qualified professional, who may be a
305+13 psychologist, counsellor or other advisor, and who may be an
306+14 employee of the school or employed by the parent or the
307+15 Department, may be present to interpret the information
308+16 contained in the student temporary record. If the school
309+17 requires that a professional be present, the school shall
310+18 secure and bear any cost of the presence of the professional.
311+19 If the parent or the Department so requests, the school shall
312+20 secure and bear any cost of the presence of a professional
313+21 employed by the school.
314+22 (c) A parent's or student's or, if applicable, the
315+23 Department's Office of Education and Transition Services'
316+24 request to inspect and copy records, or to allow a
317+25 specifically designated representative to inspect and copy
318+26 records, must be granted within a reasonable time, and in no
274319
275320
276321
277322
278323
279- SB3166 Engrossed - 8 - LRB103 37559 RJT 67685 b
324+ SB3166 - 8 - LRB103 37559 RJT 67685 b
280325
281326
282-SB3166 Engrossed- 9 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 9 - LRB103 37559 RJT 67685 b
283- SB3166 Engrossed - 9 - LRB103 37559 RJT 67685 b
284-1 (2) the request requires the collection of a
285-2 substantial number of specified records;
286-3 (3) the request is couched in categorical terms and
287-4 requires an extensive search for the records responsive to
288-5 it;
289-6 (4) the requested records have not been located in the
290-7 course of routine search and additional efforts are being
291-8 made to locate them;
292-9 (5) the request for records cannot be complied with by
293-10 the school district within the time limits prescribed by
294-11 subsection (c) of this Section without unduly burdening or
295-12 interfering with the operations of the school district; or
296-13 (6) there is a need for consultation, which shall be
297-14 conducted with all practicable speed, with another public
298-15 body or school district or among 2 or more components of a
299-16 public body or school district having a substantial
300-17 interest in the determination or in the subject matter of
301-18 the request.
302-19 The person making a request and the school district may
303-20 agree in writing to extend the time for compliance for a period
304-21 to be determined by the parties. If the requester and the
305-22 school district agree to extend the period for compliance, a
306-23 failure by the school district to comply with any previous
307-24 deadlines shall not be treated as a denial of the request for
308-25 the records.
309-26 (d) The school may charge its reasonable costs for the
327+SB3166- 9 -LRB103 37559 RJT 67685 b SB3166 - 9 - LRB103 37559 RJT 67685 b
328+ SB3166 - 9 - LRB103 37559 RJT 67685 b
329+1 case later than 10 business days after the date of receipt of
330+2 such request by the official records custodian.
331+3 (c-5) The time for response under this Section may be
332+4 extended by the school district by not more than 5 business
333+5 days from the original due date for any of the following
334+6 reasons:
335+7 (1) the requested records are stored in whole or in
336+8 part at other locations than the office having charge of
337+9 the requested records;
338+10 (2) the request requires the collection of a
339+11 substantial number of specified records;
340+12 (3) the request is couched in categorical terms and
341+13 requires an extensive search for the records responsive to
342+14 it;
343+15 (4) the requested records have not been located in the
344+16 course of routine search and additional efforts are being
345+17 made to locate them;
346+18 (5) the request for records cannot be complied with by
347+19 the school district within the time limits prescribed by
348+20 subsection (c) of this Section without unduly burdening or
349+21 interfering with the operations of the school district; or
350+22 (6) there is a need for consultation, which shall be
351+23 conducted with all practicable speed, with another public
352+24 body or school district or among 2 or more components of a
353+25 public body or school district having a substantial
354+26 interest in the determination or in the subject matter of
310355
311356
312357
313358
314359
315- SB3166 Engrossed - 9 - LRB103 37559 RJT 67685 b
360+ SB3166 - 9 - LRB103 37559 RJT 67685 b
316361
317362
318-SB3166 Engrossed- 10 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 10 - LRB103 37559 RJT 67685 b
319- SB3166 Engrossed - 10 - LRB103 37559 RJT 67685 b
320-1 copying of school student records, not to exceed the amounts
321-2 fixed in schedules adopted by the State Board, to any person
322-3 permitted to copy such records, except that no parent or
323-4 student shall be denied a copy of school student records as
324-5 permitted under this Section 5 for inability to bear the cost
325-6 of such copying.
326-7 (e) Nothing contained in this Section 5 shall make
327-8 available to a parent or student or, if applicable, the
328-9 Department's Office of Education and Transition Services
329-10 confidential letters and statements of recommendation
330-11 furnished in connection with applications for employment to a
331-12 post-secondary educational institution or the receipt of an
332-13 honor or honorary recognition, provided such letters and
333-14 statements are not used for purposes other than those for
334-15 which they were specifically intended, and
335-16 (1) were placed in a school student record prior to
336-17 January 1, 1975; or
337-18 (2) the student has waived access thereto after being
338-19 advised of his right to obtain upon request the names of
339-20 all such persons making such confidential recommendations.
340-21 (f) Nothing contained in this Act shall be construed to
341-22 impair or limit the confidentiality of:
342-23 (1) Communications otherwise protected by law as
343-24 privileged or confidential, including but not limited to,
344-25 information communicated in confidence to a physician,
345-26 psychologist or other psychotherapist, school social
363+SB3166- 10 -LRB103 37559 RJT 67685 b SB3166 - 10 - LRB103 37559 RJT 67685 b
364+ SB3166 - 10 - LRB103 37559 RJT 67685 b
365+1 the request.
366+2 The person making a request and the school district may
367+3 agree in writing to extend the time for compliance for a period
368+4 to be determined by the parties. If the requester and the
369+5 school district agree to extend the period for compliance, a
370+6 failure by the school district to comply with any previous
371+7 deadlines shall not be treated as a denial of the request for
372+8 the records.
373+9 (d) The school may charge its reasonable costs for the
374+10 copying of school student records, not to exceed the amounts
375+11 fixed in schedules adopted by the State Board, to any person
376+12 permitted to copy such records, except that no parent or
377+13 student shall be denied a copy of school student records as
378+14 permitted under this Section 5 for inability to bear the cost
379+15 of such copying. If consent is provided by a student or the
380+16 student's parent or guardian, then a copy of the student's
381+17 school student records shall be provided at no cost to the
382+18 Guardianship and Advocacy Commission, an independent service
383+19 coordination agency, or Equip for Equality to establish access
384+20 to adult disability services and related benefits.
385+21 (e) Nothing contained in this Section 5 shall make
386+22 available to a parent or student or, if applicable, the
387+23 Department's Office of Education and Transition Services
388+24 confidential letters and statements of recommendation
389+25 furnished in connection with applications for employment to a
390+26 post-secondary educational institution or the receipt of an
346391
347392
348393
349394
350395
351- SB3166 Engrossed - 10 - LRB103 37559 RJT 67685 b
396+ SB3166 - 10 - LRB103 37559 RJT 67685 b
352397
353398
354-SB3166 Engrossed- 11 -LRB103 37559 RJT 67685 b SB3166 Engrossed - 11 - LRB103 37559 RJT 67685 b
355- SB3166 Engrossed - 11 - LRB103 37559 RJT 67685 b
356-1 worker, school counselor, school psychologist, or school
357-2 social worker, school counselor, or school psychologist
358-3 intern who works under the direct supervision of a school
359-4 social worker, school counselor, or school psychologist;
360-5 or
361-6 (2) Information which is communicated by a student or
362-7 parent in confidence to school personnel; or
363-8 (3) Information which is communicated by a student,
364-9 parent, or guardian to a law enforcement professional
365-10 working in the school, except as provided by court order.
366-11 (g) No school employee shall be subjected to adverse
367-12 employment action, the threat of adverse employment action, or
368-13 any manner of discrimination because the employee is acting or
369-14 has acted to protect communications as privileged or
370-15 confidential pursuant to applicable provisions of State or
371-16 federal law or rule or regulation.
372-17 (Source: P.A. 102-199, eff. 7-1-22.)
399+SB3166- 11 -LRB103 37559 RJT 67685 b SB3166 - 11 - LRB103 37559 RJT 67685 b
400+ SB3166 - 11 - LRB103 37559 RJT 67685 b
401+1 honor or honorary recognition, provided such letters and
402+2 statements are not used for purposes other than those for
403+3 which they were specifically intended, and
404+4 (1) were placed in a school student record prior to
405+5 January 1, 1975; or
406+6 (2) the student has waived access thereto after being
407+7 advised of his right to obtain upon request the names of
408+8 all such persons making such confidential recommendations.
409+9 (f) Nothing contained in this Act shall be construed to
410+10 impair or limit the confidentiality of:
411+11 (1) Communications otherwise protected by law as
412+12 privileged or confidential, including but not limited to,
413+13 information communicated in confidence to a physician,
414+14 psychologist or other psychotherapist, school social
415+15 worker, school counselor, school psychologist, or school
416+16 social worker, school counselor, or school psychologist
417+17 intern who works under the direct supervision of a school
418+18 social worker, school counselor, or school psychologist;
419+19 or
420+20 (2) Information which is communicated by a student or
421+21 parent in confidence to school personnel; or
422+22 (3) Information which is communicated by a student,
423+23 parent, or guardian to a law enforcement professional
424+24 working in the school, except as provided by court order.
425+25 (g) No school employee shall be subjected to adverse
426+26 employment action, the threat of adverse employment action, or
373427
374428
375429
376430
377431
378- SB3166 Engrossed - 11 - LRB103 37559 RJT 67685 b
432+ SB3166 - 11 - LRB103 37559 RJT 67685 b
433+
434+
435+SB3166- 12 -LRB103 37559 RJT 67685 b SB3166 - 12 - LRB103 37559 RJT 67685 b
436+ SB3166 - 12 - LRB103 37559 RJT 67685 b
437+1 any manner of discrimination because the employee is acting or
438+2 has acted to protect communications as privileged or
439+3 confidential pursuant to applicable provisions of State or
440+4 federal law or rule or regulation.
441+5 (Source: P.A. 102-199, eff. 7-1-22.)
442+
443+
444+
445+
446+
447+ SB3166 - 12 - LRB103 37559 RJT 67685 b