HB5188 95TH GENERAL ASSEMBLY

LRB095 15561 NHT 41560 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5188

Introduced , by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

105 ILCS 10/2	from Ch. 122, par. 50-2
105 ILCS 10/5	from Ch. 122, par. 50-5
105 ILCS 10/5.5 new
30 ILCS 805/8.32 new

Amends the Illinois School Student Records Act. Provides that a confidential communication made by a student 12 years of age or older or by a parent or a guardian of a student who is 12 years of age or older must not be disclosed without the voluntary written consent of the person who originally disclosed the information. Provides that a confidential communication made by a student under the age of 12 years may be disclosed to the parent or guardian of the student. Sets forth requirements concerning the consent. Provides that a confidential communication must not become part of the school student record without express written consent. Sets forth the circumstances under which a confidential communication may be disclosed without voluntary written consent. Provides that any person participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of information contained in a confidential communication under the Illinois School Student Records Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such action, except in cases of willful or wanton misconduct. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 5 and by adding Section 5.5 as follows:

(105 ILCS 10/2) (from Ch. 122, par. 50-2)

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. Except as otherwise provided in this Act, school School student records shall not include a confidential communication or 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' names and addresses, attendance records, and such other entries as the State Board may require or authorize.

(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. 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) "Confidential Communication" means the following:

(1) a communication otherwise protected by law as privileged or confidential, including, but not limited to, information communicated in confidence to a physician, psychologist, or other psychotherapist;

(2) information communicated by a student or by a parent or guardian of a student in confidence to a school social worker, a school counselor, a school psychologist, or an intern working under the direct supervision of a school social worker, school counselor, or school psychologist or to other school personnel;

(3) information communicated by a student or by a parent or guardian of a student to a law enforcement professional working in the school, except as provided by court order; or

(4) information communicated to a school social worker, school psychologist, or school counselor or to an intern under the direct supervision of a school social worker, school psychologist, or school counselor that is so personal or sensitive in nature that it is presumed to have been given in confidence because its disclosure may clearly put the student at imminent risk of serious physical or emotional harm.

(Source: P.A. 92-295, eff. 1-1-02.)

(105 ILCS 10/5) (from Ch. 122, par. 50-5)

Sec. 5. (a) A parent or any person specifically designated as a representative by a parent shall have the right to inspect and copy all school student permanent and temporary records of that parent's child. A student shall have the right to inspect and copy his or her school student permanent record. No person who is prohibited by an order of protection from inspecting or obtaining school records of a student pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, shall have any right of access to, or inspection of, the school records of that student. If a school's principal or person with like responsibilities or his designee has knowledge of such order of protection, the school shall prohibit access or inspection of the student's school records by such person.

(b) Whenever access to any person is granted pursuant to paragraph (a) of this Section, at the option of either the parent or the school a qualified professional, who may be a psychologist, counsellor or other advisor, and who may be an employee of the school or employed by the parent, may be present to interpret the information contained in the student temporary record. If the school requires that a professional be present, the school shall secure and bear any cost of the presence of the professional. If the parent so requests, the school shall secure and bear any cost of the presence of a professional employed by the school.

(c) A parent's or student's request to inspect and copy records, or to allow a specifically designated representative to inspect and copy records, must be granted within a reasonable time, and in no case later than 15 school days after the date of receipt of such request by the official records custodian.

(d) The school may charge its reasonable costs for the copying of school student records, not to exceed the amounts fixed in schedules adopted by the State Board, to any person permitted to copy such records, except that no parent or student shall be denied a copy of school student records as permitted under this Section 5 for inability to bear the cost of such copying.

(e) Nothing contained in this Section 5 shall make available to a parent or student confidential letters and statements of recommendation furnished in connection with applications for employment to a post-secondary educational institution or the receipt of an honor or honorary recognition, provided such letters and statements are not used for purposes other than those for which they were specifically intended, and

(1) were placed in a school student record prior to January 1, 1975; or

(2) the student has waived access thereto after being advised of his right to obtain upon request the names of all such persons making such confidential recommendations.

(f) (Blank). Nothing contained in this Act shall be construed to impair or limit the confidentiality of:

(1) Communications otherwise protected by law as privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist; or

(2) Information which is communicated by a student or parent in confidence to school personnel; or

(3) Information which is communicated by a student, parent, or guardian to a law enforcement professional working in the school, except as provided by court order.

(Source: P.A. 90-590, eff. 1-1-00.)

(105 ILCS 10/5.5 new)

Sec. 5.5. Confidentiality.

(a) A confidential communication made by a student 12 years of age or older or by a parent or a guardian of a student who is 12 years of age or older must not be disclosed without the voluntary written consent of the person who originally disclosed the information. A confidential communication made by a student under the age of 12 years may be disclosed to the parent or guardian of the student. The consent shall state the scope of the permissible disclosure and must be signed by the person granting the consent, dated, and witnessed. A confidential communication must not become part of the school student record without the express written consent of the person who originally disclosed the information or, in the case of a student under the age of 12 years, by express written consent of the parent or guardian of the student.

(b) A confidential communication may be disclosed without voluntary written consent, notwithstanding subsection (a) of this Section, only as follows:

(1) In discussion with a therapist, a health care provider, or school service personnel for the sole purpose of and to the extent necessary for referring the student for treatment or services.

(2) In accordance with the provisions of the Abused and Neglected Child Reporting Act.

(3) When disclosure is necessary to avert a clear imminent risk of serious physical or mental injury, disease, or death upon the person who originally disclosed the information, upon other persons in the school community (including administrators, teachers, other school personnel, parents, and students), or upon other persons, information may be disclosed to law enforcement officials, the school administration, an individual who is in imminent danger, or, if the individual who is in imminent danger is a minor, to the parent or guardian of that individual.

(4) When directed by a court order to testify in a court of law or administrative hearing about a confidential communication.

(c) Any person participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of information contained in a confidential communication under this Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such action, except in cases of willful or wanton misconduct. For the purpose of any proceeding, civil or criminal, arising out of a disclosure of information, the good faith of a person making such a disclosure shall be presumed.

Section 90. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.