Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1885 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1885 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/6 from Ch. 122, par. 50-6 Amends the Illinois School Student Records Act. Provides that "Student Permanent Record" includes a summary of performance for students that received special-education services. Provides that student records or information contained therein may be released, transferred, disclosed, or other disseminated to the Department of Human Services for the sole purpose of assessing or evaluating the student's eligibility for Medicaid waiver benefits consistent with rules adopted by the Department of Human Services. LRB104 10969 LNS 21051 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1885 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED: 105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/6 from Ch. 122, par. 50-6 105 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 "Student Permanent Record" includes a summary of performance for students that received special-education services. Provides that student records or information contained therein may be released, transferred, disclosed, or other disseminated to the Department of Human Services for the sole purpose of assessing or evaluating the student's eligibility for Medicaid waiver benefits consistent with rules adopted by the Department of Human Services. LRB104 10969 LNS 21051 b LRB104 10969 LNS 21051 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1885 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/6 from Ch. 122, par. 50-6 105 ILCS 10/2 from Ch. 122, par. 50-2 105 ILCS 10/6 from Ch. 122, par. 50-6
4	4	105 ILCS 10/2 from Ch. 122, par. 50-2
5	5	105 ILCS 10/6 from Ch. 122, par. 50-6
6	6	Amends the Illinois School Student Records Act. Provides that "Student Permanent Record" includes a summary of performance for students that received special-education services. Provides that student records or information contained therein may be released, transferred, disclosed, or other disseminated to the Department of Human Services for the sole purpose of assessing or evaluating the student's eligibility for Medicaid waiver benefits consistent with rules adopted by the Department of Human Services.
7	7	LRB104 10969 LNS 21051 b LRB104 10969 LNS 21051 b
8	8	LRB104 10969 LNS 21051 b
9	9	A BILL FOR
10	10	SB1885LRB104 10969 LNS 21051 b SB1885 LRB104 10969 LNS 21051 b
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12	12	1 AN ACT concerning education.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois School Student Records Act is
16	16	5 amended by changing Sections 2 and 6 as follows:
17	17	6 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
18	18	7 (Text of Section before amendment by P.A. 102-466)
19	19	8 Sec. 2. As used in this Act:
20	20	9 (a) "Student" means any person enrolled or previously
21	21	10 enrolled in a school.
22	22	11 (b) "School" means any public preschool, day care center,
23	23	12 kindergarten, nursery, elementary or secondary educational
24	24	13 institution, vocational school, special educational facility
25	25	14 or any other elementary or secondary educational agency or
26	26	15 institution and any person, agency or institution which
27	27	16 maintains school student records from more than one school,
28	28	17 but does not include a private or non-public school.
29	29	18 (c) "State Board" means the State Board of Education.
30	30	19 (d) "School Student Record" means any writing or other
31	31	20 recorded information concerning a student and by which a
32	32	21 student may be individually identified, maintained by a school
33	33	22 or at its direction or by an employee of a school, regardless
34	34	23 of how or where the information is stored. The following shall
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1885 Introduced 2/5/2025, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
39	39	105 ILCS 10/2 from Ch. 122, par. 50-2105 ILCS 10/6 from Ch. 122, par. 50-6 105 ILCS 10/2 from Ch. 122, par. 50-2 105 ILCS 10/6 from Ch. 122, par. 50-6
40	40	105 ILCS 10/2 from Ch. 122, par. 50-2
41	41	105 ILCS 10/6 from Ch. 122, par. 50-6
42	42	Amends the Illinois School Student Records Act. Provides that "Student Permanent Record" includes a summary of performance for students that received special-education services. Provides that student records or information contained therein may be released, transferred, disclosed, or other disseminated to the Department of Human Services for the sole purpose of assessing or evaluating the student's eligibility for Medicaid waiver benefits consistent with rules adopted by the Department of Human Services.
43	43	LRB104 10969 LNS 21051 b LRB104 10969 LNS 21051 b
44	44	LRB104 10969 LNS 21051 b
45	45	A BILL FOR
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51	51	105 ILCS 10/2 from Ch. 122, par. 50-2
52	52	105 ILCS 10/6 from Ch. 122, par. 50-6
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71	71	1 not be deemed school student records under this Act: writings
72	72	2 or other recorded information maintained by an employee of a
73	73	3 school or other person at the direction of a school for his or
74	74	4 her exclusive use; provided that all such writings and other
75	75	5 recorded information are destroyed not later than the
76	76	6 student's graduation or permanent withdrawal from the school;
77	77	7 and provided further that no such records or recorded
78	78	8 information may be released or disclosed to any person except
79	79	9 a person designated by the school as a substitute unless they
80	80	10 are first incorporated in a school student record and made
81	81	11 subject to all of the provisions of this Act. School student
82	82	12 records shall not include information maintained by law
83	83	13 enforcement professionals working in the school.
84	84	14 (e) "Student Permanent Record" means the minimum personal
85	85	15 information necessary to a school in the education of the
86	86	16 student and contained in a school student record. Such
87	87	17 information shall may include the student's name, birth date,
88	88	18 address, grades and grade level; , parents' or guardians'
89	89	19 names and addresses; , attendance records; a summary of
90	90	20 performance for students that received special-education
91	91	21 services; , and such other entries as the State Board may
92	92	22 require or authorize. The summary of performance shall be
93	93	23 substantially similar to the summary-of-performance form
94	94	24 developed by the State Board of Education. Any summary of
95	95	25 performance maintained as part of a Student Permanent Record
96	96	26 shall be kept confidential, maintained separately from other
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107	107	1 information in the Student Permanent Record, and not be
108	108	2 disclosed except as authorized by paragraph (1) or (14) of
109	109	3 subsection (a) of Section 6.
110	110	4 (f) "Student Temporary Record" means all information
111	111	5 contained in a school student record but not contained in the
112	112	6 student permanent record. Such information may include family
113	113	7 background information, intelligence test scores, aptitude
114	114	8 test scores, psychological and personality test results,
115	115	9 teacher evaluations, and other information of clear relevance
116	116	10 to the education of the student, all subject to regulations of
117	117	11 the State Board. The information shall include information
118	118	12 provided under Section 8.6 of the Abused and Neglected Child
119	119	13 Reporting Act and information contained in service logs
120	120	14 maintained by a local education agency under subsection (d) of
121	121	15 Section 14-8.02f of the School Code. In addition, the student
122	122	16 temporary record shall include information regarding serious
123	123	17 disciplinary infractions that resulted in expulsion,
124	124	18 suspension, or the imposition of punishment or sanction. For
125	125	19 purposes of this provision, serious disciplinary infractions
126	126	20 means: infractions involving drugs, weapons, or bodily harm to
127	127	21 another.
128	128	22 (g) "Parent" means a person who is the natural parent of
129	129	23 the student or other person who has the primary responsibility
130	130	24 for the care and upbringing of the student. All rights and
131	131	25 privileges accorded to a parent under this Act shall become
132	132	26 exclusively those of the student upon his 18th birthday,
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143	143	1 graduation from secondary school, marriage or entry into
144	144	2 military service, whichever occurs first. Such rights and
145	145	3 privileges may also be exercised by the student at any time
146	146	4 with respect to the student's permanent school record.
147	147	5 (h) "Department" means the Department of Children and
148	148	6 Family Services.
149	149	7 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
150	150	8 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
151	151	9 (Text of Section after amendment by P.A. 102-466)
152	152	10 Sec. 2. As used in this Act:
153	153	11 (a) "Student" means any person enrolled or previously
154	154	12 enrolled in a school.
155	155	13 (b) "School" means any public preschool, day care center,
156	156	14 kindergarten, nursery, elementary or secondary educational
157	157	15 institution, vocational school, special educational facility
158	158	16 or any other elementary or secondary educational agency or
159	159	17 institution and any person, agency or institution which
160	160	18 maintains school student records from more than one school,
161	161	19 but does not include a private or non-public school.
162	162	20 (c) "State Board" means the State Board of Education.
163	163	21 (d) "School Student Record" means any writing or other
164	164	22 recorded information concerning a student and by which a
165	165	23 student may be individually identified, maintained by a school
166	166	24 or at its direction or by an employee of a school, regardless
167	167	25 of how or where the information is stored. The following shall
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178	178	1 not be deemed school student records under this Act: writings
179	179	2 or other recorded information maintained by an employee of a
180	180	3 school or other person at the direction of a school for his or
181	181	4 her exclusive use; provided that all such writings and other
182	182	5 recorded information are destroyed not later than the
183	183	6 student's graduation or permanent withdrawal from the school;
184	184	7 and provided further that no such records or recorded
185	185	8 information may be released or disclosed to any person except
186	186	9 a person designated by the school as a substitute unless they
187	187	10 are first incorporated in a school student record and made
188	188	11 subject to all of the provisions of this Act. School student
189	189	12 records shall not include information maintained by law
190	190	13 enforcement professionals working in the school.
191	191	14 (e) "Student Permanent Record" means the minimum personal
192	192	15 information necessary to a school in the education of the
193	193	16 student and contained in a school student record. Such
194	194	17 information shall may include the student's name, birth date,
195	195	18 address, grades and grade level; , parents' or guardians'
196	196	19 names and addresses; , attendance records; a summary of
197	197	20 performance for students that received special-education
198	198	21 services; , and such other entries as the State Board may
199	199	22 require or authorize. The summary of performance shall be
200	200	23 substantially similar to the summary-of-performance form
201	201	24 developed by the State Board of Education. Any summary of
202	202	25 performance maintained as part of a Student Permanent Record
203	203	26 shall be kept confidential, maintained separately from other
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214	214	1 information in the Student Permanent Record, and not be
215	215	2 disclosed except as authorized by paragraph (1) or (14) of
216	216	3 subsection (a) of Section 6.
217	217	4 (f) "Student Temporary Record" means all information
218	218	5 contained in a school student record but not contained in the
219	219	6 student permanent record. Such information may include family
220	220	7 background information, intelligence test scores, aptitude
221	221	8 test scores, psychological and personality test results,
222	222	9 teacher evaluations, and other information of clear relevance
223	223	10 to the education of the student, all subject to regulations of
224	224	11 the State Board. The information shall include all of the
225	225	12 following:
226	226	13 (1) Information provided under Section 8.6 of the
227	227	14 Abused and Neglected Child Reporting Act and information
228	228	15 contained in service logs maintained by a local education
229	229	16 agency under subsection (d) of Section 14-8.02f of the
230	230	17 School Code.
231	231	18 (2) Information regarding serious disciplinary
232	232	19 infractions that resulted in expulsion, suspension, or the
233	233	20 imposition of punishment or sanction. For purposes of this
234	234	21 provision, serious disciplinary infractions means:
235	235	22 infractions involving drugs, weapons, or bodily harm to
236	236	23 another.
237	237	24 (3) Information concerning a student's status and
238	238	25 related experiences as a parent, expectant parent, or
239	239	26 victim of domestic or sexual violence, as defined in
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250	250	1 Article 26A of the School Code, including a statement of
251	251	2 the student or any other documentation, record, or
252	252	3 corroborating evidence and the fact that the student has
253	253	4 requested or obtained assistance, support, or services
254	254	5 related to that status. Enforcement of this paragraph (3)
255	255	6 shall follow the procedures provided in Section 26A-40 of
256	256	7 the School Code.
257	257	8 (g) "Parent" means a person who is the natural parent of
258	258	9 the student or other person who has the primary responsibility
259	259	10 for the care and upbringing of the student. All rights and
260	260	11 privileges accorded to a parent under this Act shall become
261	261	12 exclusively those of the student upon his 18th birthday,
262	262	13 graduation from secondary school, marriage or entry into
263	263	14 military service, whichever occurs first. Such rights and
264	264	15 privileges may also be exercised by the student at any time
265	265	16 with respect to the student's permanent school record.
266	266	17 (h) "Department" means the Department of Children and
267	267	18 Family Services.
268	268	19 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
269	269	20 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
270	270	21 5-13-22.)
271	271	22 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
272	272	23 Sec. 6. (a) No school student records or information
273	273	24 contained therein may be released, transferred, disclosed or
274	274	25 otherwise disseminated, except as follows:
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285	285	1 (1) to a parent or student or person specifically
286	286	2 designated as a representative by a parent, as provided in
287	287	3 paragraph (a) of Section 5;
288	288	4 (2) to an employee or official of the school or school
289	289	5 district or State Board with current demonstrable
290	290	6 educational or administrative interest in the student, in
291	291	7 furtherance of such interest;
292	292	8 (3) to the official records custodian of another
293	293	9 school within Illinois or an official with similar
294	294	10 responsibilities of a school outside Illinois, in which
295	295	11 the student has enrolled, or intends to enroll, upon the
296	296	12 request of such official or student;
297	297	13 (4) to any person for the purpose of research,
298	298	14 statistical reporting, or planning, provided that such
299	299	15 research, statistical reporting, or planning is
300	300	16 permissible under and undertaken in accordance with the
301	301	17 federal Family Educational Rights and Privacy Act (20
302	302	18 U.S.C. 1232g);
303	303	19 (5) pursuant to a court order, provided that the
304	304	20 parent shall be given prompt written notice upon receipt
305	305	21 of such order of the terms of the order, the nature and
306	306	22 substance of the information proposed to be released in
307	307	23 compliance with such order and an opportunity to inspect
308	308	24 and copy the school student records and to challenge their
309	309	25 contents pursuant to Section 7;
310	310	26 (6) to any person as specifically required by State or
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321	321	1 federal law;
322	322	2 (6.5) to juvenile authorities when necessary for the
323	323	3 discharge of their official duties who request information
324	324	4 prior to adjudication of the student and who certify in
325	325	5 writing that the information will not be disclosed to any
326	326	6 other party except as provided under law or order of
327	327	7 court. For purposes of this Section "juvenile authorities"
328	328	8 means: (i) a judge of the circuit court and members of the
329	329	9 staff of the court designated by the judge; (ii) parties
330	330	10 to the proceedings under the Juvenile Court Act of 1987
331	331	11 and their attorneys; (iii) probation officers and court
332	332	12 appointed advocates for the juvenile authorized by the
333	333	13 judge hearing the case; (iv) any individual, public or
334	334	14 private agency having custody of the child pursuant to
335	335	15 court order; (v) any individual, public or private agency
336	336	16 providing education, medical or mental health service to
337	337	17 the child when the requested information is needed to
338	338	18 determine the appropriate service or treatment for the
339	339	19 minor; (vi) any potential placement provider when such
340	340	20 release is authorized by the court for the limited purpose
341	341	21 of determining the appropriateness of the potential
342	342	22 placement; (vii) law enforcement officers and prosecutors;
343	343	23 (viii) adult and juvenile prisoner review boards; (ix)
344	344	24 authorized military personnel; (x) individuals authorized
345	345	25 by court;
346	346	26 (7) subject to regulations of the State Board, in
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357	357	1 connection with an emergency, to appropriate persons if
358	358	2 the knowledge of such information is necessary to protect
359	359	3 the health or safety of the student or other persons;
360	360	4 (8) to any person, with the prior specific dated
361	361	5 written consent of the parent designating the person to
362	362	6 whom the records may be released, provided that at the
363	363	7 time any such consent is requested or obtained, the parent
364	364	8 shall be advised in writing that he has the right to
365	365	9 inspect and copy such records in accordance with Section
366	366	10 5, to challenge their contents in accordance with Section
367	367	11 7 and to limit any such consent to designated records or
368	368	12 designated portions of the information contained therein;
369	369	13 (9) to a governmental agency, or social service agency
370	370	14 contracted by a governmental agency, in furtherance of an
371	371	15 investigation of a student's school attendance pursuant to
372	372	16 the compulsory student attendance laws of this State,
373	373	17 provided that the records are released to the employee or
374	374	18 agent designated by the agency;
375	375	19 (10) to those SHOCAP committee members who fall within
376	376	20 the meaning of "state and local officials and
377	377	21 authorities", as those terms are used within the meaning
378	378	22 of the federal Family Educational Rights and Privacy Act,
379	379	23 for the purposes of identifying serious habitual juvenile
380	380	24 offenders and matching those offenders with community
381	381	25 resources pursuant to Section 5-145 of the Juvenile Court
382	382	26 Act of 1987, but only to the extent that the release,
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393	393	1 transfer, disclosure, or dissemination is consistent with
394	394	2 the Family Educational Rights and Privacy Act;
395	395	3 (11) to the Department of Healthcare and Family
396	396	4 Services in furtherance of the requirements of Section
397	397	5 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
398	398	6 Section 10 of the School Breakfast and Lunch Program Act;
399	399	7 (12) to the State Board or another State government
400	400	8 agency or between or among State government agencies in
401	401	9 order to evaluate or audit federal and State programs or
402	402	10 perform research and planning, but only to the extent that
403	403	11 the release, transfer, disclosure, or dissemination is
404	404	12 consistent with the federal Family Educational Rights and
405	405	13 Privacy Act (20 U.S.C. 1232g);
406	406	14 (12.5) if the student is in the legal custody of the
407	407	15 Department of Children and Family Services, to the
408	408	16 Department's Office of Education and Transition Services;
409	409	17 or
410	410	18 (13) under an intergovernmental agreement if an
411	411	19 elementary school district and a high school district have
412	412	20 attendance boundaries that overlap and are parties to an
413	413	21 intergovernmental agreement that allows the sharing of
414	414	22 student records and information between the districts.
415	415	23 However, the sharing of student information is allowed
416	416	24 under an intergovernmental agreement only if the
417	417	25 intergovernmental agreement meets all of the following
418	418	26 requirements:
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429	429	1 (A) The sharing of student information must be
430	430	2 voluntary and at the discretion of each school
431	431	3 district that is a party to the agreement.
432	432	4 (B) The sharing of student information applies
433	433	5 only to students who have been enrolled in both
434	434	6 districts or would be enrolled in both districts based
435	435	7 on district attendance boundaries, and the student's
436	436	8 parent or guardian has expressed in writing that the
437	437	9 student intends to enroll or has enrolled in the high
438	438	10 school district.
439	439	11 (C) The sharing of student information does not
440	440	12 exceed the scope of information that is shared among
441	441	13 schools in a unit school district. However, the terms
442	442	14 of an intergovernmental agreement may place further
443	443	15 limitations on the information that is allowed to be
444	444	16 shared.
445	445	17 (14) to the Department of Human Services for the sole
446	446	18 purpose of assessing or evaluating the student's
447	447	19 eligibility for Medicaid waiver benefits consistent with
448	448	20 rules adopted by the Department of Human Services.
449	449	21 (b) No information may be released pursuant to
450	450	22 subparagraph (3) or (6) of paragraph (a) of this Section 6
451	451	23 unless the parent receives prior written notice of the nature
452	452	24 and substance of the information proposed to be released, and
453	453	25 an opportunity to inspect and copy such records in accordance
454	454	26 with Section 5 and to challenge their contents in accordance
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465	465	1 with Section 7. Provided, however, that such notice shall be
466	466	2 sufficient if published in a local newspaper of general
467	467	3 circulation or other publication directed generally to the
468	468	4 parents involved where the proposed release of information is
469	469	5 pursuant to subparagraph (6) of paragraph (a) of this Section
470	470	6 6 and relates to more than 25 students.
471	471	7 (c) A record of any release of information pursuant to
472	472	8 this Section must be made and kept as a part of the school
473	473	9 student record and subject to the access granted by Section 5.
474	474	10 Such record of release shall be maintained for the life of the
475	475	11 school student records and shall be available only to the
476	476	12 parent and the official records custodian. Each record of
477	477	13 release shall also include:
478	478	14 (1) the nature and substance of the information
479	479	15 released;
480	480	16 (2) the name and signature of the official records
481	481	17 custodian releasing such information;
482	482	18 (3) the name of the person requesting such
483	483	19 information, the capacity in which such a request has been
484	484	20 made, and the purpose of such request;
485	485	21 (4) the date of the release; and
486	486	22 (5) a copy of any consent to such release.
487	487	23 (d) Except for the student and his or her parents or, if
488	488	24 applicable, the Department's Office of Education and
489	489	25 Transition Services, no person to whom information is released
490	490	26 pursuant to this Section and no person specifically designated
491	491
492	492
493	493
494	494
495	495
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497	497
498	498
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501	501	1 as a representative by a parent may permit any other person to
502	502	2 have access to such information without a prior consent of the
503	503	3 parent obtained in accordance with the requirements of
504	504	4 subparagraph (8) of paragraph (a) of this Section.
505	505	5 (e) Nothing contained in this Act shall prohibit the
506	506	6 publication of student directories which list student names,
507	507	7 addresses and other identifying information and similar
508	508	8 publications which comply with regulations issued by the State
509	509	9 Board.
510	510	10 (Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21;
511	511	11 102-813, eff. 5-13-22.)
512	512
513	513
514	514
515	515
516	516
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