Public Act 104-0356
 
SB0408 EnrolledLRB104 06646 LNS 16682 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois School Student Records Act is 
amended by changing Sections 2 and 6 as follows:
 
    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
    (Text of Section before amendment by P.A. 102-466)
    Sec. 2. As used in this Act:
    (a) "Student" means any person enrolled or previously 
enrolled in a school.
    (b) "School" means any public preschool, day care center, 
kindergarten, nursery, elementary or secondary educational 
institution, vocational school, special educational facility 
or any other elementary or secondary educational agency or 
institution and any person, agency or institution which 
maintains school student records from more than one school, 
but does not include a private or non-public school.
    (c) "State Board" means the State Board of Education.
    (d) "School Student Record" means any writing or other 
recorded information concerning a student and by which a 
student may be individually identified, maintained by a school 
or at its direction or by an employee of a school, regardless 
of how or where the information is stored. The following shall 
not be deemed school student records under this Act: writings 
or other recorded information maintained by an employee of a 
school or other person at the direction of a school for his or 
her exclusive use; provided that all such writings and other 
recorded information are destroyed not later than the 
student's graduation or permanent withdrawal from the school; 
and provided further that no such records or recorded 
information may be released or disclosed to any person except 
a person designated by the school as a substitute unless they 
are first incorporated in a school student record and made 
subject to all of the provisions of this Act. School student 
records shall not include information maintained by law 
enforcement professionals working in the school.
    (e) "Student Permanent Record" means the minimum personal 
information necessary to a school in the education of the 
student and contained in a school student record. Such 
information may include the student's name, birth date, 
address, grades and grade level; , parents' or guardians' names 
and addresses; , attendance records; a summary of performance 
for students that received special education services; , and 
such other entries as the State Board may require or 
authorize. A summary of performance shall be substantially 
similar to the summary of performance form developed by the 
State Board. Any summary of performance maintained as part of 
a Student Permanent Record shall be kept confidential and not 
be disclosed except as authorized by paragraph (1) or (14) of 
subsection (a) of Section 6. A summary of performance may be 
excluded from a Student Permanent Record if, after being 
notified in writing that (i) school districts do not keep 
special education records beyond 5 years and (ii) if a summary 
of performance record is not kept in a student's permanent 
file, the student may not have the documentation necessary to 
qualify for State or federal benefits in the future, the 
student and parents or guardians consent in writing to the 
exclusion of a summary of performance. 
    (f) "Student Temporary Record" means all information 
contained in a school student record but not contained in the 
student permanent record. Such information may include family 
background information, intelligence test scores, aptitude 
test scores, psychological and personality test results, 
teacher evaluations, and other information of clear relevance 
to the education of the student, all subject to regulations of 
the State Board. The information shall include information 
provided under Section 8.6 of the Abused and Neglected Child 
Reporting Act and information contained in service logs 
maintained by a local education agency under subsection (d) of 
Section 14-8.02f of the School Code. In addition, the student 
temporary record shall include information regarding serious 
disciplinary infractions that resulted in expulsion, 
suspension, or the imposition of punishment or sanction. For 
purposes of this provision, serious disciplinary infractions 
means: infractions involving drugs, weapons, or bodily harm to 
another.
    (g) "Parent" means a person who is the natural parent of 
the student or other person who has the primary responsibility 
for the care and upbringing of the student. All rights and 
privileges accorded to a parent under this Act shall become 
exclusively those of the student upon his 18th birthday, 
graduation from secondary school, marriage or entry into 
military service, whichever occurs first. Such rights and 
privileges may also be exercised by the student at any time 
with respect to the student's permanent school record.
    (h) "Department" means the Department of Children and 
Family Services. 
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
    (Text of Section after amendment by P.A. 102-466)
    Sec. 2. As used in this Act:
    (a) "Student" means any person enrolled or previously 
enrolled in a school.
    (b) "School" means any public preschool, day care center, 
kindergarten, nursery, elementary or secondary educational 
institution, vocational school, special educational facility 
or any other elementary or secondary educational agency or 
institution and any person, agency or institution which 
maintains school student records from more than one school, 
but does not include a private or non-public school.
    (c) "State Board" means the State Board of Education.
    (d) "School Student Record" means any writing or other 
recorded information concerning a student and by which a 
student may be individually identified, maintained by a school 
or at its direction or by an employee of a school, regardless 
of how or where the information is stored. The following shall 
not be deemed school student records under this Act: writings 
or other recorded information maintained by an employee of a 
school or other person at the direction of a school for his or 
her exclusive use; provided that all such writings and other 
recorded information are destroyed not later than the 
student's graduation or permanent withdrawal from the school; 
and provided further that no such records or recorded 
information may be released or disclosed to any person except 
a person designated by the school as a substitute unless they 
are first incorporated in a school student record and made 
subject to all of the provisions of this Act. School student 
records shall not include information maintained by law 
enforcement professionals working in the school.
    (e) "Student Permanent Record" means the minimum personal 
information necessary to a school in the education of the 
student and contained in a school student record. Such 
information may include the student's name, birth date, 
address, grades and grade level; , parents' or guardians' names 
and addresses, attendance records; a summary of performance 
for students that received special education services; , and 
such other entries as the State Board may require or 
authorize. A summary of performance shall be substantially 
similar to the summary of performance form developed by the 
State Board. Any summary of performance maintained as part of 
a Student Permanent Record shall be kept confidential and not 
be disclosed except as authorized by paragraph (1) or (14) of 
subsection (a) of Section 6. A summary of performance may be 
excluded from a Student Permanent Record if, after being 
notified in writing that (i) school districts do not keep 
special education records beyond 5 years and (ii) if a summary 
of performance record is not kept in a student's permanent 
file, the student may not have the documentation necessary to 
qualify for State or federal benefits in the future, the 
student and parents or guardians consent in writing to the 
exclusion of a summary of performance. 
    (f) "Student Temporary Record" means all information 
contained in a school student record but not contained in the 
student permanent record. Such information may include family 
background information, intelligence test scores, aptitude 
test scores, psychological and personality test results, 
teacher evaluations, and other information of clear relevance 
to the education of the student, all subject to regulations of 
the State Board. The information shall include all of the 
following:
        (1) Information provided under Section 8.6 of the 
    Abused and Neglected Child Reporting Act and information 
    contained in service logs maintained by a local education 
    agency under subsection (d) of Section 14-8.02f of the 
    School Code. 
        (2) Information regarding serious disciplinary 
    infractions that resulted in expulsion, suspension, or the 
    imposition of punishment or sanction. For purposes of this 
    provision, serious disciplinary infractions means: 
    infractions involving drugs, weapons, or bodily harm to 
    another.
        (3) Information concerning a student's status and 
    related experiences as a parent, expectant parent, or 
    victim of domestic or sexual violence, as defined in 
    Article 26A of the School Code, including a statement of 
    the student or any other documentation, record, or 
    corroborating evidence and the fact that the student has 
    requested or obtained assistance, support, or services 
    related to that status. Enforcement of this paragraph (3) 
    shall follow the procedures provided in Section 26A-40 of 
    the School Code. 
    (g) "Parent" means a person who is the natural parent of 
the student or other person who has the primary responsibility 
for the care and upbringing of the student. All rights and 
privileges accorded to a parent under this Act shall become 
exclusively those of the student upon his 18th birthday, 
graduation from secondary school, marriage or entry into 
military service, whichever occurs first. Such rights and 
privileges may also be exercised by the student at any time 
with respect to the student's permanent school record.
    (h) "Department" means the Department of Children and 
Family Services. 
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 
102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. 
5-13-22.)
 
    (105 ILCS 10/6)  (from Ch. 122, par. 50-6)
    Sec. 6. (a) No school student records or information 
contained therein may be released, transferred, disclosed or 
otherwise disseminated, except as follows:
        (1) to a parent or student or person specifically 
    designated as a representative by a parent, as provided in 
    paragraph (a) of Section 5;
        (2) to an employee or official of the school or school 
    district or State Board with current demonstrable 
    educational or administrative interest in the student, in 
    furtherance of such interest;
        (3) to the official records custodian of another 
    school within Illinois or an official with similar 
    responsibilities of a school outside Illinois, in which 
    the student has enrolled, or intends to enroll, upon the 
    request of such official or student;
        (4) to any person for the purpose of research, 
    statistical reporting, or planning, provided that such 
    research, statistical reporting, or planning is 
    permissible under and undertaken in accordance with the 
    federal Family Educational Rights and Privacy Act (20 
    U.S.C. 1232g);
        (5) pursuant to a court order, provided that the 
    parent shall be given prompt written notice upon receipt 
    of such order of the terms of the order, the nature and 
    substance of the information proposed to be released in 
    compliance with such order and an opportunity to inspect 
    and copy the school student records and to challenge their 
    contents pursuant to Section 7;
        (6) to any person as specifically required by State or 
    federal law;
        (6.5) to juvenile authorities when necessary for the 
    discharge of their official duties who request information 
    prior to adjudication of the student and who certify in 
    writing that the information will not be disclosed to any 
    other party except as provided under law or order of 
    court. For purposes of this Section "juvenile authorities" 
    means: (i) a judge of the circuit court and members of the 
    staff of the court designated by the judge; (ii) parties 
    to the proceedings under the Juvenile Court Act of 1987 
    and their attorneys; (iii) probation officers and court 
    appointed advocates for the juvenile authorized by the 
    judge hearing the case; (iv) any individual, public or 
    private agency having custody of the child pursuant to 
    court order; (v) any individual, public or private agency 
    providing education, medical or mental health service to 
    the child when the requested information is needed to 
    determine the appropriate service or treatment for the 
    minor; (vi) any potential placement provider when such 
    release is authorized by the court for the limited purpose 
    of determining the appropriateness of the potential 
    placement; (vii) law enforcement officers and prosecutors; 
    (viii) adult and juvenile prisoner review boards; (ix) 
    authorized military personnel; (x) individuals authorized 
    by court;
        (7) subject to regulations of the State Board, in 
    connection with an emergency, to appropriate persons if 
    the knowledge of such information is necessary to protect 
    the health or safety of the student or other persons;
        (8) to any person, with the prior specific dated 
    written consent of the parent designating the person to 
    whom the records may be released, provided that at the 
    time any such consent is requested or obtained, the parent 
    shall be advised in writing that he has the right to 
    inspect and copy such records in accordance with Section 
    5, to challenge their contents in accordance with Section 
    7 and to limit any such consent to designated records or 
    designated portions of the information contained therein;
        (9) to a governmental agency, or social service agency 
    contracted by a governmental agency, in furtherance of an 
    investigation of a student's school attendance pursuant to 
    the compulsory student attendance laws of this State, 
    provided that the records are released to the employee or 
    agent designated by the agency;
        (10) to those SHOCAP committee members who fall within 
    the meaning of "state and local officials and 
    authorities", as those terms are used within the meaning 
    of the federal Family Educational Rights and Privacy Act, 
    for the purposes of identifying serious habitual juvenile 
    offenders and matching those offenders with community 
    resources pursuant to Section 5-145 of the Juvenile Court 
    Act of 1987, but only to the extent that the release, 
    transfer, disclosure, or dissemination is consistent with 
    the Family Educational Rights and Privacy Act;
        (11) to the Department of Healthcare and Family 
    Services in furtherance of the requirements of Section 
    2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or 
    Section 10 of the School Breakfast and Lunch Program Act;
        (12) to the State Board or another State government 
    agency or between or among State government agencies in 
    order to evaluate or audit federal and State programs or 
    perform research and planning, but only to the extent that 
    the release, transfer, disclosure, or dissemination is 
    consistent with the federal Family Educational Rights and 
    Privacy Act (20 U.S.C. 1232g);
        (12.5) if the student is in the legal custody of the 
    Department of Children and Family Services, to the 
    Department's Office of Education and Transition Services; 
    or 
        (13) under an intergovernmental agreement if an 
    elementary school district and a high school district have 
    attendance boundaries that overlap and are parties to an 
    intergovernmental agreement that allows the sharing of 
    student records and information between the districts. 
    However, the sharing of student information is allowed 
    under an intergovernmental agreement only if the 
    intergovernmental agreement meets all of the following 
    requirements:
            (A) The sharing of student information must be 
        voluntary and at the discretion of each school 
        district that is a party to the agreement.
            (B) The sharing of student information applies 
        only to students who have been enrolled in both 
        districts or would be enrolled in both districts based 
        on district attendance boundaries, and the student's 
        parent or guardian has expressed in writing that the 
        student intends to enroll or has enrolled in the high 
        school district.
            (C) The sharing of student information does not 
        exceed the scope of information that is shared among 
        schools in a unit school district. However, the terms 
        of an intergovernmental agreement may place further 
        limitations on the information that is allowed to be 
        shared; or .
        (14) 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. 
    (b) No information may be released pursuant to 
subparagraph (3) or (6) of paragraph (a) of this Section 6 
unless the parent receives prior written notice of the nature 
and substance of the information proposed to be released, and 
an opportunity to inspect and copy such records in accordance 
with Section 5 and to challenge their contents in accordance 
with Section 7. Provided, however, that such notice shall be 
sufficient if published in a local newspaper of general 
circulation or other publication directed generally to the 
parents involved where the proposed release of information is 
pursuant to subparagraph (6) of paragraph (a) of this Section 
6 and relates to more than 25 students.
    (c) A record of any release of information pursuant to 
this Section must be made and kept as a part of the school 
student record and subject to the access granted by Section 5. 
Such record of release shall be maintained for the life of the 
school student records and shall be available only to the 
parent and the official records custodian. Each record of 
release shall also include:
        (1) the nature and substance of the information 
    released;
        (2) the name and signature of the official records 
    custodian releasing such information;
        (3) the name of the person requesting such 
    information, the capacity in which such a request has been 
    made, and the purpose of such request;
        (4) the date of the release; and
        (5) a copy of any consent to such release.
    (d) Except for the student and his or her parents or, if 
applicable, the Department's Office of Education and 
Transition Services, no person to whom information is released 
pursuant to this Section and no person specifically designated 
as a representative by a parent may permit any other person to 
have access to such information without a prior consent of the 
parent obtained in accordance with the requirements of 
subparagraph (8) of paragraph (a) of this Section.
    (e) Nothing contained in this Act shall prohibit the 
publication of student directories which list student names, 
addresses and other identifying information and similar 
publications which comply with regulations issued by the State 
Board.
(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; 
102-813, eff. 5-13-22.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
    Section 99. Effective date. This Act takes effect July 1, 
2026.