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Sen. William Delgado
Filed: 4/29/2014
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| 1 | | AMENDMENT TO SENATE BILL 3092
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3092, AS AMENDED, |
| 3 | | with reference to page and line numbers of Senate Amendment No. |
| 4 | | 1, as follows:
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| 5 | | by replacing line 25 on page 5 through line 3 on page 7 with the |
| 6 | | following: |
| 7 | | "of 1974 and its accompanying rules; and"; and
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| 8 | | on page 10, line 23, by deleting "or" ; and
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| 9 | | on page 10, line 26, by replacing "services." with "services; |
| 10 | | or"; and
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| 11 | | on page 10, immediately below line 26, by inserting the |
| 12 | | following: |
| 13 | | "(3) designed to support a study of students or former |
| 14 | | students."; and
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| 1 | | on page 11, by replacing lines 1 through 24 with the following: |
| 2 | | "(i) Any person aggrieved by any violation of this Section |
| 3 | | may institute an action for injunctive relief in the circuit |
| 4 | | court of the county in which the violation has occurred or the |
| 5 | | circuit court of the county in which the school is located. Any |
| 6 | | person injured by a willful or negligent violation of this |
| 7 | | Section may institute an action for damages in the circuit |
| 8 | | court of the county in which the violation has occurred or the |
| 9 | | circuit court of the county in which the school is located. In |
| 10 | | the case of any successful action under this paragraph, any |
| 11 | | person or school found to have willfully or negligently |
| 12 | | violated any provision of this Section is liable to the |
| 13 | | plaintiff for the plaintiff's damages, the costs of the action, |
| 14 | | and reasonable attorney's fees, as determined by the court. |
| 15 | | Actions for injunctive relief to secure compliance with |
| 16 | | this Section may be brought by the State Board, by the State's |
| 17 | | Attorney of the county in which the alleged violation has |
| 18 | | occurred or the State's Attorney of the county in which the |
| 19 | | school is located, in each case in the circuit court of such |
| 20 | | county. |
| 21 | | Willful failure to comply with this Section is a petty |
| 22 | | offense, except that any person who willfully and maliciously |
| 23 | | falsifies any school student record, student permanent record, |
| 24 | | or student temporary record is guilty of a Class A misdemeanor. |
| 25 | | Absent proof of malice, no cause of action or claim for |
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| 1 | | relief, civil or criminal, may be maintained against any |
| 2 | | school, employee or official of a school, or person acting at |
| 3 | | the direction of a school for any statement made or judgment |
| 4 | | expressed in any entry to a school student record of a type |
| 5 | | that does not violate this Section or rules adopted by the |
| 6 | | State Board, provided that this paragraph does not limit or |
| 7 | | deny any defense available under existing law."; and
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| 8 | | on page 11, line 25, by replacing "(k)" with "(j)"; and
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| 9 | | on page 12, line 2, by replacing "(l)" with "(k)".
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