Bill Text: IL HB4103 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Provides that a school district is required to designate a Department of Children and Family Services liaison by the beginning of the 2021-2022 school year. Provides a July 1, 2021 effective date (rather than an immediate effective date).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-01-04 - Referred to Assignments [HB4103 Detail]
Download: Illinois-2019-HB4103-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-20.59, 10-21.8, 13B-60.10, 14-8.02, and 34-18.52 and by | ||||||
6 | adding Sections 10-20.73 and 34-18.66 as follows:
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7 | (105 ILCS 5/10-20.59) | ||||||
8 | Sec. 10-20.59. DCFS liaison. | ||||||
9 | (a) Each school board must may appoint at least one | ||||||
10 | employee to act as a liaison to facilitate the enrollment and | ||||||
11 | transfer of records of students in the legal custody of the | ||||||
12 | Department of Children and Family Services when enrolling in or | ||||||
13 | changing schools. The school board may appoint any employee of | ||||||
14 | the school district who is licensed under Article 21B of this | ||||||
15 | Code to act as a liaison; however, employees who meet any of | ||||||
16 | the following criteria must be prioritized for appointment: | ||||||
17 | (1) Employees who have worked with mobile student | ||||||
18 | populations or students in foster care. | ||||||
19 | (2) Employees who are familiar with enrollment, record | ||||||
20 | transfers, existing community services, and student | ||||||
21 | support services. | ||||||
22 | (3) Employees who serve as a high-level administrator. | ||||||
23 | (4) Employees who are counselors or have experience |
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1 | with student counseling. | ||||||
2 | (5) Employees who are knowledgeable on child welfare | ||||||
3 | policies. | ||||||
4 | (6) Employees who serve as a school social worker. | ||||||
5 | (b) Liaisons under this Section are encouraged to build | ||||||
6 | capacity and infrastructure within their school district to | ||||||
7 | support students in the legal custody of the Department of | ||||||
8 | Children and Family Services. Liaison responsibilities may | ||||||
9 | include the following: | ||||||
10 | (1) streamlining the enrollment processes for students | ||||||
11 | in foster care; | ||||||
12 | (2) implementing student data tracking and monitoring | ||||||
13 | mechanisms; | ||||||
14 | (3) ensuring that students in the legal custody of the | ||||||
15 | Department of Children and Family Services receive all | ||||||
16 | school nutrition and meal programs available; | ||||||
17 | (4) coordinating student withdrawal from a school, | ||||||
18 | record transfers, and credit recovery; | ||||||
19 | (5) becoming experts on the foster care system and | ||||||
20 | State laws and policies in place that support children | ||||||
21 | under the legal custody of the Department of Children and | ||||||
22 | Family Services; | ||||||
23 | (6) coordinating with child welfare partners; | ||||||
24 | (7) providing foster care-related information and | ||||||
25 | training to the school district; | ||||||
26 | (8) working with the Department of Children and Family |
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1 | Services to help students maintain their school placement, | ||||||
2 | if appropriate; | ||||||
3 | (9) reviewing student schedules to ensure that | ||||||
4 | students are on track to graduate; | ||||||
5 | (10) encouraging a successful transition into | ||||||
6 | adulthood and post-secondary opportunities; | ||||||
7 | (11) encouraging involvement in extracurricular | ||||||
8 | activities; and | ||||||
9 | (12) knowing what support is available within the | ||||||
10 | school district and community for students in the legal | ||||||
11 | custody of the Department of Children and Family Services. | ||||||
12 | (c) A school district is required encouraged to designate a | ||||||
13 | liaison by the beginning of the 2021-2022 2017-2018 school | ||||||
14 | year. | ||||||
15 | (d) Individuals licensed under Article 21B of this Code | ||||||
16 | acting as a liaison under this Section shall perform the duties | ||||||
17 | of a liaison in addition to existing contractual obligations.
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18 | (Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
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19 | (105 ILCS 5/10-20.73 new) | ||||||
20 | Sec. 10-20.73. Parent-teacher conference and other | ||||||
21 | meetings; caseworker. For any student who is in the legal | ||||||
22 | custody of the Department of Children and Family Services, the | ||||||
23 | liaison appointed under Section 10-20.59 must inform the | ||||||
24 | Department's Office of Education and Transition Services of a | ||||||
25 | parent-teacher conference or any other meeting concerning the |
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1 | student that would otherwise involve a parent and must, at the | ||||||
2 | option of the caseworker, allow the student's caseworker to | ||||||
3 | attend the conference or meeting.
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4 | (105 ILCS 5/10-21.8) (from Ch. 122, par. 10-21.8)
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5 | Sec. 10-21.8. Correspondence and Reports. In the absence of | ||||||
6 | any
court order to the contrary to require that, upon the
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7 | request of either parent of a pupil whose parents are divorced | ||||||
8 | or, if the student is in the legal custody of the Department of | ||||||
9 | Children and Family Services, the Department's Office of | ||||||
10 | Education and Transition Services , copies of
the following: | ||||||
11 | reports or records which reflect the pupil's academic
progress, | ||||||
12 | reports of the pupil's emotional and physical health, notices | ||||||
13 | of
school-initiated parent-teacher conference, notices of | ||||||
14 | major
school-sponsored events, such as open houses, which | ||||||
15 | involve pupil-parent
interaction, and copies of the school | ||||||
16 | calendar regarding the child which
are furnished by the school | ||||||
17 | district to one parent be furnished by mail to
the other parent | ||||||
18 | or, if applicable, the Department's Office of Education and | ||||||
19 | Transition Services . Notwithstanding the foregoing provisions | ||||||
20 | of this
Section a school board shall not, under the authority | ||||||
21 | of this Section, refuse
to mail copies of reports, records, | ||||||
22 | notices or other documents regarding a
pupil to a parent of the | ||||||
23 | pupil as provided by this Section, unless the
school board | ||||||
24 | first has been furnished with a certified copy of the court
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25 | order prohibiting the release of such reports, records, notices |
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1 | or other
documents to that parent. No such reports or records | ||||||
2 | with respect to a
pupil shall be provided to a parent who has | ||||||
3 | been prohibited by an order of
protection from inspecting or | ||||||
4 | obtaining school records of that pupil
pursuant to the Illinois | ||||||
5 | Domestic Violence Act of 1986, as now or hereafter amended.
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6 | (Source: P.A. 86-966.)
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7 | (105 ILCS 5/13B-60.10)
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8 | Sec. 13B-60.10. Parent conference. Before being enrolled | ||||||
9 | in
an alternative learning opportunities program, the student | ||||||
10 | and
each of his or her
parents or guardians , and, if the | ||||||
11 | student is in the legal custody of the Department of Children | ||||||
12 | and Family Services, the Department's Office of Education and | ||||||
13 | Transition Services shall receive written notice to attend a | ||||||
14 | conference to
determine if the student
would benefit from | ||||||
15 | attending an alternative learning opportunities program.
The | ||||||
16 | conference must
provide all of the information necessary for | ||||||
17 | the student and parent or guardian
to make an informed
decision | ||||||
18 | regarding enrollment in an alternative learning opportunities
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19 | program.
The conference shall include a discussion of the | ||||||
20 | extent to which the
student, if enrolled in the program, may | ||||||
21 | participate in school activities.
No student shall
be enrolled | ||||||
22 | in an alternative learning opportunities program without the
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23 | consent of the student's parent or guardian.
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24 | (Source: P.A. 92-42, eff. 1-1-02.)
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1 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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2 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
3 | children.
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4 | (a) The State Board of Education shall make rules under | ||||||
5 | which local school
boards shall determine the eligibility of | ||||||
6 | children to receive special
education. Such rules shall ensure | ||||||
7 | that a free appropriate public
education be available to all | ||||||
8 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
9 | State Board of Education shall require local school
districts | ||||||
10 | to administer non-discriminatory procedures or tests to
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11 | English learners coming from homes in which a language
other | ||||||
12 | than English is used to determine their eligibility to receive | ||||||
13 | special
education. The placement of low English proficiency | ||||||
14 | students in special
education programs and facilities shall be | ||||||
15 | made in accordance with the test
results reflecting the | ||||||
16 | student's linguistic, cultural and special education
needs. | ||||||
17 | For purposes of determining the eligibility of children the | ||||||
18 | State
Board of Education shall include in the rules definitions | ||||||
19 | of "case study",
"staff conference", "individualized | ||||||
20 | educational program", and "qualified
specialist" appropriate | ||||||
21 | to each category of children with
disabilities as defined in
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22 | this Article. For purposes of determining the eligibility of | ||||||
23 | children from
homes in which a language other than English is | ||||||
24 | used, the State Board of
Education shall include in the rules
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25 | definitions for "qualified bilingual specialists" and | ||||||
26 | "linguistically and
culturally appropriate individualized |
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1 | educational programs". For purposes of this
Section, as well as | ||||||
2 | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
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3 | "parent" means a parent as defined in the federal Individuals | ||||||
4 | with Disabilities Education Act (20 U.S.C. 1401(23)).
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5 | (b) No child shall be eligible for special education | ||||||
6 | facilities except
with a carefully completed case study fully | ||||||
7 | reviewed by professional
personnel in a multidisciplinary | ||||||
8 | staff conference and only upon the
recommendation of qualified | ||||||
9 | specialists or a qualified bilingual specialist, if
available. | ||||||
10 | At the conclusion of the multidisciplinary staff conference, | ||||||
11 | the
parent of the child and, if the child is in the legal | ||||||
12 | custody of the Department of Children and Family Services, the | ||||||
13 | Department's Office of Education and Transition Services shall | ||||||
14 | be given a copy of the multidisciplinary
conference summary | ||||||
15 | report and recommendations, which includes options
considered, | ||||||
16 | and , in the case of the parent, be informed of his or her their | ||||||
17 | right to obtain an independent educational
evaluation if he or | ||||||
18 | she disagrees they disagree with the evaluation findings | ||||||
19 | conducted or obtained
by the school district. If the school | ||||||
20 | district's evaluation is shown to be
inappropriate, the school | ||||||
21 | district shall reimburse the parent for the cost of
the | ||||||
22 | independent evaluation. The State Board of Education shall, | ||||||
23 | with advice
from the State Advisory Council on Education of | ||||||
24 | Children with
Disabilities on the
inclusion of specific | ||||||
25 | independent educational evaluators, prepare a list of
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26 | suggested independent educational evaluators. The State Board |
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1 | of Education
shall include on the list clinical psychologists | ||||||
2 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
3 | Such psychologists shall not be paid fees
in excess of the | ||||||
4 | amount that would be received by a school psychologist for
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5 | performing the same services. The State Board of Education | ||||||
6 | shall supply school
districts with such list and make the list | ||||||
7 | available to parents at their
request. School districts shall | ||||||
8 | make the list available to parents at the time
they are | ||||||
9 | informed of their right to obtain an independent educational
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10 | evaluation. However, the school district may initiate an | ||||||
11 | impartial
due process hearing under this Section within 5 days | ||||||
12 | of any written parent
request for an independent educational | ||||||
13 | evaluation to show that
its evaluation is appropriate. If the | ||||||
14 | final decision is that the evaluation
is appropriate, the | ||||||
15 | parent still has a right to an independent educational
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16 | evaluation, but not at public expense. An independent | ||||||
17 | educational
evaluation at public expense must be completed | ||||||
18 | within 30 days of a parent
written request unless the school | ||||||
19 | district initiates an
impartial due process hearing or the | ||||||
20 | parent or school district
offers reasonable grounds to show | ||||||
21 | that such 30-day 30 day time period should be
extended. If the | ||||||
22 | due process hearing decision indicates that the parent is | ||||||
23 | entitled to an independent educational evaluation, it must be
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24 | completed within 30 days of the decision unless the parent or
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25 | the school district offers reasonable grounds to show that such | ||||||
26 | 30-day 30 day
period should be extended. If a parent disagrees |
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1 | with the summary report or
recommendations of the | ||||||
2 | multidisciplinary conference or the findings of any
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3 | educational evaluation which results therefrom, the school
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4 | district shall not proceed with a placement based upon such | ||||||
5 | evaluation and
the child shall remain in his or her regular | ||||||
6 | classroom setting.
No child shall be eligible for admission to | ||||||
7 | a
special class for children with a mental disability who are | ||||||
8 | educable or for children with a mental disability who are | ||||||
9 | trainable except with a psychological evaluation
and
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10 | recommendation by a school psychologist. Consent shall be | ||||||
11 | obtained from
the parent of a child before any evaluation is | ||||||
12 | conducted.
If consent is not given by the parent or if the | ||||||
13 | parent disagrees with the findings of the evaluation, then the | ||||||
14 | school
district may initiate an impartial due process hearing | ||||||
15 | under this Section.
The school district may evaluate the child | ||||||
16 | if that is the decision
resulting from the impartial due | ||||||
17 | process hearing and the decision is not
appealed or if the | ||||||
18 | decision is affirmed on appeal.
The determination of | ||||||
19 | eligibility shall be made and the IEP meeting shall be | ||||||
20 | completed within 60 school days
from the date of written | ||||||
21 | parental consent. In those instances when written parental | ||||||
22 | consent is obtained with fewer than 60 pupil attendance days | ||||||
23 | left in the school year,
the eligibility determination shall be | ||||||
24 | made and the IEP meeting shall be completed prior to the first | ||||||
25 | day of the
following school year. Special education and related | ||||||
26 | services must be provided in accordance with the student's IEP |
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1 | no later than 10 school attendance days after notice is | ||||||
2 | provided to the parents pursuant to Section 300.503 of Title 34 | ||||||
3 | of the Code of Federal Regulations and implementing rules | ||||||
4 | adopted by the State Board of Education. The appropriate
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5 | program pursuant to the individualized educational program of | ||||||
6 | students
whose native tongue is a language other than English | ||||||
7 | shall reflect the
special education, cultural and linguistic | ||||||
8 | needs. No later than September
1, 1993, the State Board of | ||||||
9 | Education shall establish standards for the
development, | ||||||
10 | implementation and monitoring of appropriate bilingual special
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11 | individualized educational programs. The State Board of | ||||||
12 | Education shall
further incorporate appropriate monitoring | ||||||
13 | procedures to verify implementation
of these standards. The | ||||||
14 | district shall indicate to the parent , and
the State Board of | ||||||
15 | Education , and, if applicable, the Department's Office of | ||||||
16 | Education and Transition Services the nature of the services | ||||||
17 | the child will receive
for the regular school term while | ||||||
18 | waiting placement in the appropriate special
education class. | ||||||
19 | At the child's initial IEP meeting and at each annual review | ||||||
20 | meeting, the child's IEP team shall provide the child's parent | ||||||
21 | or guardian and, if applicable, the Department's Office of | ||||||
22 | Education and Transition Services with a written notification | ||||||
23 | that informs the parent or guardian or the Department's Office | ||||||
24 | of Education and Transition Services that the IEP team is | ||||||
25 | required to consider whether the child requires assistive | ||||||
26 | technology in order to receive free, appropriate public |
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1 | education. The notification must also include a toll-free | ||||||
2 | telephone number and internet address for the State's assistive | ||||||
3 | technology program.
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4 | If the child is deaf, hard of hearing, blind, or visually | ||||||
5 | impaired and
he or she might be eligible to receive services | ||||||
6 | from the Illinois School for
the Deaf or the Illinois School | ||||||
7 | for the Visually Impaired, the school
district shall notify the | ||||||
8 | parents, in writing, of the existence of
these schools
and the | ||||||
9 | services
they provide and shall make a reasonable effort to | ||||||
10 | inform the parents of the existence of other, local schools | ||||||
11 | that provide similar services and the services that these other | ||||||
12 | schools provide. This notification
shall
include without | ||||||
13 | limitation information on school services, school
admissions | ||||||
14 | criteria, and school contact information.
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15 | In the development of the individualized education program | ||||||
16 | for a student who has a disability on the autism spectrum | ||||||
17 | (which includes autistic disorder, Asperger's disorder, | ||||||
18 | pervasive developmental disorder not otherwise specified, | ||||||
19 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
20 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
21 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
22 | consider all of the following factors: | ||||||
23 | (1) The verbal and nonverbal communication needs of the | ||||||
24 | child. | ||||||
25 | (2) The need to develop social interaction skills and | ||||||
26 | proficiencies. |
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1 | (3) The needs resulting from the child's unusual | ||||||
2 | responses to sensory experiences. | ||||||
3 | (4) The needs resulting from resistance to | ||||||
4 | environmental change or change in daily routines. | ||||||
5 | (5) The needs resulting from engagement in repetitive | ||||||
6 | activities and stereotyped movements. | ||||||
7 | (6) The need for any positive behavioral | ||||||
8 | interventions, strategies, and supports to address any | ||||||
9 | behavioral difficulties resulting from autism spectrum | ||||||
10 | disorder. | ||||||
11 | (7) Other needs resulting from the child's disability | ||||||
12 | that impact progress in the general curriculum, including | ||||||
13 | social and emotional development. | ||||||
14 | Public Act 95-257
does not create any new entitlement to a | ||||||
15 | service, program, or benefit, but must not affect any | ||||||
16 | entitlement to a service, program, or benefit created by any | ||||||
17 | other law.
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18 | If the student may be eligible to participate in the | ||||||
19 | Home-Based Support
Services Program for Adults with Mental | ||||||
20 | Disabilities authorized under the
Developmental Disability and | ||||||
21 | Mental Disability Services Act upon becoming an
adult, the | ||||||
22 | student's individualized education program shall include plans | ||||||
23 | for
(i) determining the student's eligibility for those | ||||||
24 | home-based services, (ii)
enrolling the student in the program | ||||||
25 | of home-based services, and (iii)
developing a plan for the | ||||||
26 | student's most effective use of the home-based
services after |
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1 | the student becomes an adult and no longer receives special
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2 | educational services under this Article. The plans developed | ||||||
3 | under this
paragraph shall include specific actions to be taken | ||||||
4 | by specified individuals,
agencies, or officials.
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5 | (c) In the development of the individualized education | ||||||
6 | program for a
student who is functionally blind, it shall be | ||||||
7 | presumed that proficiency in
Braille reading and writing is | ||||||
8 | essential for the student's satisfactory
educational progress. | ||||||
9 | For purposes of this subsection, the State Board of
Education | ||||||
10 | shall determine the criteria for a student to be classified as
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11 | functionally blind. Students who are not currently identified | ||||||
12 | as
functionally blind who are also entitled to Braille | ||||||
13 | instruction include:
(i) those whose vision loss is so severe | ||||||
14 | that they are unable to read and
write at a level comparable to | ||||||
15 | their peers solely through the use of
vision, and (ii) those | ||||||
16 | who show evidence of progressive vision loss that
may result in | ||||||
17 | functional blindness. Each student who is functionally blind
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18 | shall be entitled to Braille reading and writing instruction | ||||||
19 | that is
sufficient to enable the student to communicate with | ||||||
20 | the same level of
proficiency as other students of comparable | ||||||
21 | ability. Instruction should be
provided to the extent that the | ||||||
22 | student is physically and cognitively able
to use Braille. | ||||||
23 | Braille instruction may be used in combination with other
| ||||||
24 | special education services appropriate to the student's | ||||||
25 | educational needs.
The assessment of each student who is | ||||||
26 | functionally blind for the purpose of
developing the student's |
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1 | individualized education program shall include
documentation | ||||||
2 | of the student's strengths and weaknesses in Braille skills.
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3 | Each person assisting in the development of the individualized | ||||||
4 | education
program for a student who is functionally blind shall | ||||||
5 | receive information
describing the benefits of Braille | ||||||
6 | instruction. The individualized
education program for each | ||||||
7 | student who is functionally blind shall
specify the appropriate | ||||||
8 | learning medium or media based on the assessment
report.
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9 | (d) To the maximum extent appropriate, the placement shall | ||||||
10 | provide the
child with the opportunity to be educated with | ||||||
11 | children who do not have a disability; provided that children | ||||||
12 | with
disabilities who are recommended to be
placed into regular | ||||||
13 | education classrooms are provided with supplementary
services | ||||||
14 | to assist the children with disabilities to benefit
from the | ||||||
15 | regular
classroom instruction and are included on the teacher's | ||||||
16 | regular education class
register. Subject to the limitation of | ||||||
17 | the preceding sentence, placement in
special classes, separate | ||||||
18 | schools or other removal of the child with a disability
from | ||||||
19 | the regular educational environment shall occur only when the | ||||||
20 | nature of
the severity of the disability is such that education | ||||||
21 | in the
regular classes with
the use of supplementary aids and | ||||||
22 | services cannot be achieved satisfactorily.
The placement of | ||||||
23 | English learners with disabilities shall
be in non-restrictive | ||||||
24 | environments which provide for integration with
peers who do | ||||||
25 | not have disabilities in bilingual classrooms. Annually, each | ||||||
26 | January, school districts shall report data on students from |
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1 | non-English
speaking backgrounds receiving special education | ||||||
2 | and related services in
public and private facilities as | ||||||
3 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
4 | between parties involved regarding the special education
| ||||||
5 | placement of any child, either in-state or out-of-state, the | ||||||
6 | placement is
subject to impartial due process procedures | ||||||
7 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
8 | the Administration and Operation of Special
Education.
| ||||||
9 | (e) No child who comes from a home in which a language | ||||||
10 | other than English
is the principal language used may be | ||||||
11 | assigned to any class or program
under this Article until he | ||||||
12 | has been given, in the principal language
used by the child and | ||||||
13 | used in his home, tests reasonably related to his
cultural | ||||||
14 | environment. All testing and evaluation materials and | ||||||
15 | procedures
utilized for evaluation and placement shall not be | ||||||
16 | linguistically, racially or
culturally discriminatory.
| ||||||
17 | (f) Nothing in this Article shall be construed to require | ||||||
18 | any child to
undergo any physical examination or medical | ||||||
19 | treatment whose parents object thereto on the grounds that such | ||||||
20 | examination or
treatment conflicts with his religious beliefs.
| ||||||
21 | (g) School boards or their designee shall provide to the | ||||||
22 | parents of a child or, if applicable, the Department of | ||||||
23 | Children and Family Services' Office of Education and | ||||||
24 | Transition Services prior written notice of any decision (a) | ||||||
25 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
26 | change, the
identification, evaluation, or educational |
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| |||||||
1 | placement of the child or the
provision of a free appropriate | ||||||
2 | public education to their child, and the
reasons therefor. For | ||||||
3 | a parent, such Such written notification shall also inform the
| ||||||
4 | parent of the opportunity to present complaints with respect
to | ||||||
5 | any matter relating to the educational placement of the | ||||||
6 | student, or
the provision of a free appropriate public | ||||||
7 | education and to have an
impartial due process hearing on the | ||||||
8 | complaint. The notice shall inform
the parents in the parents' | ||||||
9 | native language,
unless it is clearly not feasible to do so, of | ||||||
10 | their rights and all
procedures available pursuant to this Act | ||||||
11 | and the federal Individuals with Disabilities Education | ||||||
12 | Improvement Act of 2004 (Public Law 108-446); it
shall be the | ||||||
13 | responsibility of the State Superintendent to develop
uniform | ||||||
14 | notices setting forth the procedures available under this Act
| ||||||
15 | and the federal Individuals with Disabilities Education | ||||||
16 | Improvement Act of 2004 (Public Law 108-446) to be used by all | ||||||
17 | school boards. The notice
shall also inform the parents of the | ||||||
18 | availability upon
request of a list of free or low-cost legal | ||||||
19 | and other relevant services
available locally to assist parents | ||||||
20 | in initiating an
impartial due process hearing. The State | ||||||
21 | Superintendent shall revise the uniform notices required by | ||||||
22 | this subsection (g) to reflect current law and procedures at | ||||||
23 | least once every 2 years. Any parent who is deaf, or
does not | ||||||
24 | normally communicate using spoken English, who participates in
| ||||||
25 | a meeting with a representative of a local educational agency | ||||||
26 | for the
purposes of developing an individualized educational |
| |||||||
| |||||||
1 | program shall be
entitled to the services of an interpreter. | ||||||
2 | The State Board of Education must adopt rules to establish the | ||||||
3 | criteria, standards, and competencies for a bilingual language | ||||||
4 | interpreter who attends an individualized education program | ||||||
5 | meeting under this subsection to assist a parent who has | ||||||
6 | limited English proficiency.
| ||||||
7 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
8 | professional" means an individual who holds credentials to | ||||||
9 | evaluate the child in the domain or domains for which an | ||||||
10 | evaluation is sought or an intern working under the direct | ||||||
11 | supervision of a qualified professional, including a master's | ||||||
12 | or doctoral degree candidate. | ||||||
13 | To ensure that a parent can participate fully and | ||||||
14 | effectively with school personnel in the development of | ||||||
15 | appropriate educational and related services for his or her | ||||||
16 | child, the parent, an independent educational evaluator, or a | ||||||
17 | qualified professional retained by or on behalf of a parent or | ||||||
18 | child must be afforded reasonable access to educational | ||||||
19 | facilities, personnel, classrooms, and buildings and to the | ||||||
20 | child as provided in this subsection (g-5). The requirements of | ||||||
21 | this subsection (g-5) apply to any public school facility, | ||||||
22 | building, or program and to any facility, building, or program | ||||||
23 | supported in whole or in part by public funds. Prior to | ||||||
24 | visiting a school, school building, or school facility, the | ||||||
25 | parent, independent educational evaluator, or qualified | ||||||
26 | professional may be required by the school district to inform |
| |||||||
| |||||||
1 | the building principal or supervisor in writing of the proposed | ||||||
2 | visit, the purpose of the visit, and the approximate duration | ||||||
3 | of the visit. The visitor and the school district shall arrange | ||||||
4 | the visit or visits at times that are mutually agreeable. | ||||||
5 | Visitors shall comply with school safety, security, and | ||||||
6 | visitation policies at all times. School district visitation | ||||||
7 | policies must not conflict with this subsection (g-5). Visitors | ||||||
8 | shall be required to comply with the requirements of applicable | ||||||
9 | privacy laws, including those laws protecting the | ||||||
10 | confidentiality of education records such as the federal Family | ||||||
11 | Educational Rights and Privacy Act and the Illinois School | ||||||
12 | Student Records Act. The visitor shall not disrupt the | ||||||
13 | educational process. | ||||||
14 | (1) A parent must be afforded reasonable access of | ||||||
15 | sufficient duration and scope for the purpose of observing | ||||||
16 | his or her child in the child's current educational | ||||||
17 | placement, services, or program or for the purpose of | ||||||
18 | visiting an educational placement or program proposed for | ||||||
19 | the child. | ||||||
20 | (2) An independent educational evaluator or a | ||||||
21 | qualified professional retained by or on behalf of a parent | ||||||
22 | or child must be afforded reasonable access of sufficient | ||||||
23 | duration and scope for the purpose of conducting an | ||||||
24 | evaluation of the child, the child's performance, the | ||||||
25 | child's current educational program, placement, services, | ||||||
26 | or environment, or any educational program, placement, |
| |||||||
| |||||||
1 | services, or environment proposed for the child, including | ||||||
2 | interviews of educational personnel, child observations, | ||||||
3 | assessments, tests or assessments of the child's | ||||||
4 | educational program, services, or placement or of any | ||||||
5 | proposed educational program, services, or placement. If | ||||||
6 | one or more interviews of school personnel are part of the | ||||||
7 | evaluation, the interviews must be conducted at a mutually | ||||||
8 | agreed upon time, date, and place that do not interfere | ||||||
9 | with the school employee's school duties. The school | ||||||
10 | district may limit interviews to personnel having | ||||||
11 | information relevant to the child's current educational | ||||||
12 | services, program, or placement or to a proposed | ||||||
13 | educational service, program, or placement. | ||||||
14 | (h) (Blank).
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) (Blank).
| ||||||
17 | (k) (Blank).
| ||||||
18 | (l) (Blank).
| ||||||
19 | (m) (Blank).
| ||||||
20 | (n) (Blank).
| ||||||
21 | (o) (Blank).
| ||||||
22 | (Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18; | ||||||
23 | 100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
| ||||||
24 | (105 ILCS 5/34-18.52) | ||||||
25 | Sec. 34-18.52. DCFS liaison. |
| |||||||
| |||||||
1 | (a) The board must may appoint at least one employee to act | ||||||
2 | as a liaison to facilitate the enrollment and transfer of | ||||||
3 | records of students in the legal custody of the Department of | ||||||
4 | Children and Family Services when enrolling in or changing | ||||||
5 | schools. The board may appoint any employee of the school | ||||||
6 | district who is licensed under Article 21B of this Code to act | ||||||
7 | as a liaison; however, employees who meet any of the following | ||||||
8 | criteria must be prioritized for appointment: | ||||||
9 | (1) Employees who have worked with mobile student | ||||||
10 | populations or students in foster care. | ||||||
11 | (2) Employees who are familiar with enrollment, record | ||||||
12 | transfers, existing community services, and student | ||||||
13 | support services. | ||||||
14 | (3) Employees who serve as a high-level administrator. | ||||||
15 | (4) Employees who are counselors or have experience | ||||||
16 | with student counseling. | ||||||
17 | (5) Employees who are knowledgeable on child welfare | ||||||
18 | policies. | ||||||
19 | (6) Employees who serve as a school social worker. | ||||||
20 | (b) Liaisons under this Section are encouraged to build | ||||||
21 | capacity and infrastructure within the school district to | ||||||
22 | support students in the legal custody of the Department of | ||||||
23 | Children and Family Services. Liaison responsibilities may | ||||||
24 | include the following: | ||||||
25 | (1) streamlining the enrollment processes for students | ||||||
26 | in foster care; |
| |||||||
| |||||||
1 | (2) implementing student data tracking and monitoring | ||||||
2 | mechanisms; | ||||||
3 | (3) ensuring that students in the legal custody of the | ||||||
4 | Department of Children and Family Services receive all | ||||||
5 | school nutrition and meal programs available; | ||||||
6 | (4) coordinating student withdrawal from a school, | ||||||
7 | record transfers, and credit recovery; | ||||||
8 | (5) becoming experts on the foster care system and | ||||||
9 | State laws and policies in place that support children | ||||||
10 | under the legal custody of the Department of Children and | ||||||
11 | Family Services; | ||||||
12 | (6) coordinating with child welfare partners; | ||||||
13 | (7) providing foster care-related information and | ||||||
14 | training to the school district; | ||||||
15 | (8) working with the Department of Children and Family | ||||||
16 | Services to help students maintain their school placement, | ||||||
17 | if appropriate; | ||||||
18 | (9) reviewing student schedules to ensure that | ||||||
19 | students are on track to graduate; | ||||||
20 | (10) encouraging a successful transition into | ||||||
21 | adulthood and post-secondary opportunities; | ||||||
22 | (11) encouraging involvement in extracurricular | ||||||
23 | activities; and | ||||||
24 | (12) knowing what support is available within the | ||||||
25 | school district and community for students in the legal | ||||||
26 | custody of the Department of Children and Family Services. |
| |||||||
| |||||||
1 | (c) The school district is required encouraged to designate | ||||||
2 | a liaison by the beginning of the 2021-2022 2017-2018 school | ||||||
3 | year. | ||||||
4 | (d) Individuals licensed under Article 21B of this Code | ||||||
5 | acting as a liaison under this Section shall perform the duties | ||||||
6 | of a liaison in addition to existing contractual obligations.
| ||||||
7 | (Source: P.A. 99-781, eff. 8-12-16; 100-201, eff. 8-18-17.)
| ||||||
8 | (105 ILCS 5/34-18.66 new) | ||||||
9 | Sec. 34-18.66. Parent-teacher conference and other | ||||||
10 | meetings; caseworker. For any student who is in the legal | ||||||
11 | custody of the Department of Children and Family Services, the | ||||||
12 | liaison appointed under Section 34-18.52 must inform the | ||||||
13 | Department's Office of Education and Transition Services of a | ||||||
14 | parent-teacher conference or any other meeting concerning the | ||||||
15 | student that would otherwise involve a parent and must, at the | ||||||
16 | option of the caseworker, allow the student's caseworker to | ||||||
17 | attend the conference or meeting.
| ||||||
18 | Section 10. The Illinois School Student Records Act is | ||||||
19 | amended by changing Sections 2, 4, 5, and 6 as follows:
| ||||||
20 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||
21 | Sec. 2.
As used in this Act : ,
| ||||||
22 | (a) "Student" means any person enrolled or previously | ||||||
23 | enrolled in a school.
|
| |||||||
| |||||||
1 | (b) "School" means any public preschool, day care center,
| ||||||
2 | kindergarten, nursery, elementary or secondary educational | ||||||
3 | institution,
vocational school, special educational facility | ||||||
4 | or any other elementary or
secondary educational agency or | ||||||
5 | institution and any person, agency or
institution which | ||||||
6 | maintains school student records from more than one school,
but | ||||||
7 | does not include a private or non-public school.
| ||||||
8 | (c) "State Board" means the State Board of Education.
| ||||||
9 | (d) "School Student Record" means any writing or
other | ||||||
10 | recorded information concerning a student
and by which a | ||||||
11 | student may be individually identified,
maintained by a school | ||||||
12 | or at its direction or by an employee of a
school, regardless | ||||||
13 | of how or where the information is stored.
The following shall | ||||||
14 | not be deemed school student records under
this Act: writings | ||||||
15 | or other recorded information maintained by an
employee of a | ||||||
16 | school or other person at the direction of a school for his or
| ||||||
17 | her exclusive use; provided that all such writings and other | ||||||
18 | recorded
information are destroyed not later than the student's | ||||||
19 | graduation or permanent
withdrawal from the school; and | ||||||
20 | provided further that no such records or
recorded information | ||||||
21 | may be released or disclosed to any person except a person
| ||||||
22 | designated by the school as
a substitute unless they are first | ||||||
23 | incorporated
in a school student record and made subject to all | ||||||
24 | of the
provisions of this Act.
School student records shall not | ||||||
25 | include information maintained by
law enforcement | ||||||
26 | professionals working in the school.
|
| |||||||
| |||||||
1 | (e) "Student Permanent Record" means the minimum personal
| ||||||
2 | information necessary to a school in the education of the | ||||||
3 | student
and contained in a school student record. Such | ||||||
4 | information
may include the student's name, birth date, | ||||||
5 | address, grades
and grade level, parents' names and addresses, | ||||||
6 | attendance
records, and such other entries as the State Board | ||||||
7 | may
require or authorize.
| ||||||
8 | (f) "Student Temporary Record" means all information | ||||||
9 | contained in
a school student record but not contained in
the | ||||||
10 | student permanent record. Such information may include
family | ||||||
11 | background information, intelligence test scores, aptitude
| ||||||
12 | test scores, psychological and personality test results, | ||||||
13 | teacher
evaluations, and other information of clear relevance | ||||||
14 | to the
education of the student, all subject to regulations of | ||||||
15 | the State Board.
The information shall include information | ||||||
16 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
17 | Reporting Act and information contained in service logs | ||||||
18 | maintained by a local education agency under subsection (d) of | ||||||
19 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
20 | temporary record shall include information regarding
serious | ||||||
21 | disciplinary infractions that resulted in expulsion, | ||||||
22 | suspension, or the
imposition of punishment or sanction. For | ||||||
23 | purposes of this provision, serious
disciplinary infractions | ||||||
24 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
25 | another.
| ||||||
26 | (g) "Parent" means a person who is the natural parent of |
| |||||||
| |||||||
1 | the
student or other person who has the primary responsibility | ||||||
2 | for the
care and upbringing of the student. All rights and | ||||||
3 | privileges accorded
to a parent under this Act shall become | ||||||
4 | exclusively those of the student
upon his 18th birthday, | ||||||
5 | graduation from secondary school, marriage
or entry into | ||||||
6 | military service, whichever occurs first. Such
rights and | ||||||
7 | privileges may also be exercised by the student
at any time | ||||||
8 | with respect to the student's permanent school record.
| ||||||
9 | (h) "Department" means the Department of Children and | ||||||
10 | Family Services. | ||||||
11 | (Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
| ||||||
12 | (105 ILCS 10/4) (from Ch. 122, par. 50-4)
| ||||||
13 | Sec. 4.
(a) Each school shall designate an official records
| ||||||
14 | custodian who is responsible for the maintenance, care and | ||||||
15 | security
of all school student records, whether or not such | ||||||
16 | records are
in his personal custody or control.
| ||||||
17 | (b) The official records custodian shall take all
| ||||||
18 | reasonable measures to prevent unauthorized access to or
| ||||||
19 | dissemination of school student records.
| ||||||
20 | (c) Information contained in or added to a school student
| ||||||
21 | record shall be limited to information which is of clear | ||||||
22 | relevance
to the education of the student.
| ||||||
23 | (d) Information added to a student temporary record
after | ||||||
24 | the effective date of this Act shall include the name,
| ||||||
25 | signature and position of the person who has added such
|
| |||||||
| |||||||
1 | information and the date of its entry into the record.
| ||||||
2 | (e) Each school shall maintain student permanent records | ||||||
3 | and the
information contained therein for not less than 60 | ||||||
4 | years after the
student has transferred, graduated or otherwise | ||||||
5 | permanently withdrawn
from the school.
| ||||||
6 | (f) Each school shall maintain student temporary records | ||||||
7 | and the
information contained in those records for not less | ||||||
8 | than 5 years
after the
student has transferred, graduated, or | ||||||
9 | otherwise withdrawn from the school.
However, student | ||||||
10 | temporary records shall not be
disclosed except as provided in | ||||||
11 | Section 5 or 6 or by court order. A school may maintain
| ||||||
12 | indefinitely anonymous information from student temporary | ||||||
13 | records
for authorized research, statistical reporting or | ||||||
14 | planning purposes,
provided that no student or parent can be | ||||||
15 | individually identified
from the information maintained.
| ||||||
16 | (g) The principal of each school or the person with like
| ||||||
17 | responsibilities or his or her designate shall periodically
| ||||||
18 | review each student temporary record for verification of
| ||||||
19 | entries and elimination or correction of all inaccurate,
| ||||||
20 | misleading, unnecessary or irrelevant information. The State
| ||||||
21 | Board shall issue regulations to govern the periodic review of | ||||||
22 | the
student temporary records and length of time for | ||||||
23 | maintenance of entries to such
records.
| ||||||
24 | (h) Before any school student record is destroyed or
| ||||||
25 | information deleted therefrom, the parent or the student, if | ||||||
26 | the rights and privileges accorded to the parent under this Act |
| |||||||
| |||||||
1 | have been transferred to the student, and, if the student is in | ||||||
2 | the legal custody of the Department of Children and Family | ||||||
3 | Services, the Department's Office of Education and Transition | ||||||
4 | Services shall be given reasonable
prior notice in accordance | ||||||
5 | with rules
adopted by the State Board and an
opportunity to | ||||||
6 | copy the record and information proposed to be destroyed or
| ||||||
7 | deleted. A school may provide reasonable prior notice under | ||||||
8 | this subsection to a parent or student through (i) notice in | ||||||
9 | the school's parent or student handbook, (ii) publication in a | ||||||
10 | newspaper published in the school district or, if no newspaper | ||||||
11 | is published in the school district, in a newspaper of general | ||||||
12 | circulation within the school district, (iii) U.S. mail | ||||||
13 | delivered to the last known address of the parent or student, | ||||||
14 | or (iv) other means provided the notice is confirmed to have | ||||||
15 | been received.
| ||||||
16 | (i) No school shall be required to separate permanent
and | ||||||
17 | temporary school student records of a student not enrolled
in | ||||||
18 | such school on or after the effective date of this Act
or to | ||||||
19 | destroy any such records, or comply with the provisions
of | ||||||
20 | paragraph (g) of this Section with respect to such records, | ||||||
21 | except (1)
in accordance with the request of the parent that | ||||||
22 | any or all of such actions
be taken in compliance with the | ||||||
23 | provisions of this Act or (2) in accordance
with regulations | ||||||
24 | adopted by the State Board.
| ||||||
25 | (Source: P.A. 101-161, eff. 1-1-20 .)
|
| |||||||
| |||||||
1 | (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| ||||||
2 | Sec. 5.
(a) A parent or any person specifically designated | ||||||
3 | as
a representative by a parent and, if the child is in the | ||||||
4 | legal custody of the Department of Children and Family | ||||||
5 | Services, the Department's Office of Education and Transition | ||||||
6 | Services shall have the right to inspect and
copy all school | ||||||
7 | student permanent and temporary records of that
parent's child. | ||||||
8 | A student shall have the right to inspect and copy
his or her | ||||||
9 | school student permanent record. No person who is prohibited
by | ||||||
10 | an order of protection from inspecting or obtaining school | ||||||
11 | records of a
student pursuant to the Illinois Domestic Violence | ||||||
12 | Act of 1986, as now or
hereafter amended, shall have any right | ||||||
13 | of access to, or inspection of, the
school records of that | ||||||
14 | student. If a school's principal or person with
like | ||||||
15 | responsibilities or his designee has knowledge of such order of
| ||||||
16 | protection, the school shall prohibit access or inspection of | ||||||
17 | the student's
school records by such person.
| ||||||
18 | (b) Whenever access to any person is granted pursuant
to | ||||||
19 | paragraph (a) of this Section, at the option of that person | ||||||
20 | either the parent or the school ,
a qualified professional, who | ||||||
21 | may be a psychologist, counsellor or
other advisor, and who may | ||||||
22 | be an employee of the school or employed
by the parent or the | ||||||
23 | Department , may be present to interpret the information | ||||||
24 | contained
in the student temporary record. If the school | ||||||
25 | requires that a
professional be present, the school shall | ||||||
26 | secure and bear any cost of the
presence of the professional. |
| |||||||
| |||||||
1 | If the parent or the Department so requests, the school
shall | ||||||
2 | secure and bear any cost of the presence of a professional
| ||||||
3 | employed by the school.
| ||||||
4 | (c) A parent's or student's or, if applicable, the | ||||||
5 | Department's Office of Education and Transition Services' | ||||||
6 | request to inspect and copy records,
or to allow a specifically | ||||||
7 | designated representative to inspect and
copy records, must be | ||||||
8 | granted within a reasonable time, and in no case later
than 10 | ||||||
9 | business days after the date of receipt of such request by the
| ||||||
10 | official records custodian.
| ||||||
11 | (c-5) The time for response under this Section may be | ||||||
12 | extended by the school district by not more than 5 business | ||||||
13 | days from the original due date for any of the following | ||||||
14 | reasons: | ||||||
15 | (1) the requested records are stored in whole or in
| ||||||
16 | part at other locations than the office having charge of | ||||||
17 | the requested records; | ||||||
18 | (2) the request requires the collection of a
| ||||||
19 | substantial number of specified records; | ||||||
20 | (3) the request is couched in categorical terms and
| ||||||
21 | requires an extensive search for the records responsive to | ||||||
22 | it; | ||||||
23 | (4) the requested records have not been located in
the | ||||||
24 | course of routine search and additional efforts are being | ||||||
25 | made to locate them; | ||||||
26 | (5) the request for records cannot be complied with
by |
| |||||||
| |||||||
1 | the school district within the time limits prescribed by | ||||||
2 | subsection (c) of this Section without unduly burdening or | ||||||
3 | interfering with the operations of the school district; or | ||||||
4 | (6) there is a need for consultation, which shall
be | ||||||
5 | conducted with all practicable speed, with another public | ||||||
6 | body or school district or among 2 or more components of a | ||||||
7 | public body or school district having a substantial | ||||||
8 | interest in the determination or in the subject matter of | ||||||
9 | the request. | ||||||
10 | The person making a request and the school district may | ||||||
11 | agree in writing to extend the time for compliance for a period | ||||||
12 | to be determined by the parties. If the requester and the | ||||||
13 | school district agree to extend the period for compliance, a | ||||||
14 | failure by the school district to comply with any previous | ||||||
15 | deadlines shall not be treated as a denial of the request for | ||||||
16 | the records. | ||||||
17 | (d) The school may charge its reasonable costs for the
| ||||||
18 | copying of school student records, not to exceed the amounts | ||||||
19 | fixed
in schedules adopted by the State Board, to any person | ||||||
20 | permitted
to copy such records, except that no parent or | ||||||
21 | student shall be
denied a copy of school student records as | ||||||
22 | permitted under this
Section 5 for inability to bear the cost | ||||||
23 | of such copying.
| ||||||
24 | (e) Nothing contained in this Section 5 shall make
| ||||||
25 | available to a parent or student or, if applicable, the | ||||||
26 | Department's Office of Education and Transition Services |
| |||||||
| |||||||
1 | confidential letters and
statements of recommendation | ||||||
2 | furnished in connection with
applications for employment to a | ||||||
3 | post-secondary educational
institution or the receipt of an | ||||||
4 | honor or honorary recognition,
provided such letters and | ||||||
5 | statements are not used for purposes
other than those for which | ||||||
6 | they were specifically intended, and
| ||||||
7 | (1) were placed in a school student record
prior to | ||||||
8 | January 1, 1975; or
| ||||||
9 | (2) the student has waived access thereto after
being | ||||||
10 | advised of his right to obtain upon request the names
of | ||||||
11 | all such persons making such confidential recommendations.
| ||||||
12 | (f) Nothing contained in this Act shall be construed to
| ||||||
13 | impair or limit the confidentiality of:
| ||||||
14 | (1) Communications otherwise protected by law
as | ||||||
15 | privileged or confidential, including but not limited to,
| ||||||
16 | information communicated in confidence to a physician, | ||||||
17 | psychologist or other
psychotherapist, school social | ||||||
18 | worker, school counselor, school psychologist, or school | ||||||
19 | social worker, school counselor, or school psychologist | ||||||
20 | intern who works under the direct supervision of a school | ||||||
21 | social worker, school counselor, or school psychologist; | ||||||
22 | or
| ||||||
23 | (2) Information which is communicated by a student
or | ||||||
24 | parent in confidence to school personnel; or
| ||||||
25 | (3) Information which is communicated by a student, | ||||||
26 | parent, or guardian to
a law enforcement professional |
| |||||||
| |||||||
1 | working in the school, except as provided by
court order.
| ||||||
2 | (g) No school employee shall be subjected to adverse | ||||||
3 | employment action, the threat of adverse employment action, or | ||||||
4 | any manner of discrimination
because the employee is acting or | ||||||
5 | has acted to protect communications as privileged or | ||||||
6 | confidential pursuant to applicable provisions of State or | ||||||
7 | federal law or rule or regulation. | ||||||
8 | (Source: P.A. 100-532, eff. 9-22-17.)
| ||||||
9 | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||||||
10 | Sec. 6. (a) No school student records or information
| ||||||
11 | contained therein may be released, transferred, disclosed or | ||||||
12 | otherwise
disseminated, except as follows:
| ||||||
13 | (1) to a parent or student or person specifically
| ||||||
14 | designated as a representative by a parent, as provided in | ||||||
15 | paragraph (a)
of Section 5;
| ||||||
16 | (2) to an employee or official of the school or
school | ||||||
17 | district or State Board with current demonstrable | ||||||
18 | educational
or administrative interest in the student, in | ||||||
19 | furtherance of such interest;
| ||||||
20 | (3) to the official records custodian of another school | ||||||
21 | within
Illinois or an official with similar | ||||||
22 | responsibilities of a school
outside Illinois, in which the | ||||||
23 | student has enrolled, or intends to enroll,
upon the | ||||||
24 | request of such official or student;
| ||||||
25 | (4) to any person for the purpose of research,
|
| |||||||
| |||||||
1 | statistical reporting, or planning, provided that such | ||||||
2 | research, statistical reporting, or planning is | ||||||
3 | permissible under and undertaken in accordance with the | ||||||
4 | federal Family Educational Rights and Privacy Act (20 | ||||||
5 | U.S.C. 1232g);
| ||||||
6 | (5) pursuant to a court order, provided that the
parent | ||||||
7 | shall be given prompt written notice upon receipt
of such | ||||||
8 | order of the terms of the order, the nature and
substance | ||||||
9 | of the information proposed to be released
in compliance | ||||||
10 | with such order and an opportunity to
inspect and copy the | ||||||
11 | school student records and to
challenge their contents | ||||||
12 | pursuant to Section 7;
| ||||||
13 | (6) to any person as specifically required by State
or | ||||||
14 | federal law;
| ||||||
15 | (6.5) to juvenile authorities
when necessary for the | ||||||
16 | discharge of their official duties
who request information | ||||||
17 | prior to
adjudication of the student and who certify in | ||||||
18 | writing that the information
will not be disclosed to any | ||||||
19 | other party except as provided under law or order
of court. | ||||||
20 | For purposes of this Section "juvenile authorities" means:
| ||||||
21 | (i) a judge of
the circuit court and members of the staff | ||||||
22 | of the court designated by the
judge; (ii) parties to the | ||||||
23 | proceedings under the Juvenile Court Act of 1987 and
their | ||||||
24 | attorneys; (iii) probation
officers and court appointed | ||||||
25 | advocates for the juvenile authorized by the judge
hearing | ||||||
26 | the case; (iv) any individual, public or private agency |
| |||||||
| |||||||
1 | having custody
of the child pursuant to court order; (v) | ||||||
2 | any individual, public or private
agency providing | ||||||
3 | education, medical or mental health service to the child | ||||||
4 | when
the requested information is needed to determine the | ||||||
5 | appropriate service or
treatment for the minor; (vi) any | ||||||
6 | potential placement provider when such
release
is | ||||||
7 | authorized by the court for the limited purpose of | ||||||
8 | determining the
appropriateness of the potential | ||||||
9 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
10 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
11 | authorized military
personnel; (x)
individuals authorized | ||||||
12 | by court;
| ||||||
13 | (7) subject to regulations of the State Board,
in | ||||||
14 | connection with an emergency, to appropriate persons
if the | ||||||
15 | knowledge of such information is necessary to protect
the | ||||||
16 | health or safety of the student or other
persons;
| ||||||
17 | (8) to any person, with the prior specific dated
| ||||||
18 | written consent of the parent designating the person
to | ||||||
19 | whom the records may be released, provided that at
the time | ||||||
20 | any such consent is requested or obtained,
the parent shall | ||||||
21 | be advised in writing that he has the right
to inspect and | ||||||
22 | copy such records in accordance with Section 5, to
| ||||||
23 | challenge their contents in accordance with Section 7 and | ||||||
24 | to limit any such
consent to
designated records or | ||||||
25 | designated portions of the information contained
therein;
| ||||||
26 | (9) to a governmental agency, or social service agency |
| |||||||
| |||||||
1 | contracted by a
governmental agency, in furtherance of an | ||||||
2 | investigation of a student's school
attendance pursuant to | ||||||
3 | the compulsory student attendance laws of this State,
| ||||||
4 | provided that the records are released to the employee or | ||||||
5 | agent designated by
the agency;
| ||||||
6 | (10) to those SHOCAP committee members who fall within | ||||||
7 | the meaning of
"state and local officials and authorities", | ||||||
8 | as those terms are used within the
meaning of the federal | ||||||
9 | Family Educational Rights and Privacy Act, for
the
purposes | ||||||
10 | of identifying serious habitual juvenile offenders and | ||||||
11 | matching those
offenders with community resources pursuant | ||||||
12 | to Section 5-145 of the Juvenile
Court Act of 1987, but | ||||||
13 | only to the extent that the release, transfer,
disclosure, | ||||||
14 | or dissemination is consistent with the Family Educational | ||||||
15 | Rights
and Privacy Act;
| ||||||
16 | (11) to the Department of Healthcare and Family | ||||||
17 | Services in furtherance of the
requirements of Section | ||||||
18 | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||||||
19 | Section 10 of the School Breakfast and Lunch
Program Act; | ||||||
20 | or
| ||||||
21 | (12) to the State Board or another State government | ||||||
22 | agency or between or among State government agencies in | ||||||
23 | order to evaluate or audit federal and State programs or | ||||||
24 | perform research and planning, but only to the extent that | ||||||
25 | the release, transfer, disclosure, or dissemination is | ||||||
26 | consistent with the federal Family Educational Rights and |
| |||||||
| |||||||
1 | Privacy Act (20 U.S.C. 1232g) ; or . | ||||||
2 | (13) if the student is in the legal custody of the | ||||||
3 | Department of Children and Family Services, to the | ||||||
4 | Department's Office of Education and Transition Services. | ||||||
5 | (b) No information may be released pursuant to subparagraph | ||||||
6 | (3) or
(6) of paragraph (a) of this Section 6 unless the parent | ||||||
7 | receives
prior written notice of the nature and substance of | ||||||
8 | the information
proposed to be released, and an opportunity to | ||||||
9 | inspect
and copy such records in accordance with Section 5 and | ||||||
10 | to
challenge their contents in accordance with Section 7. | ||||||
11 | Provided, however,
that such notice shall be sufficient if | ||||||
12 | published in a local newspaper of
general circulation or other | ||||||
13 | publication directed generally to the parents
involved where | ||||||
14 | the proposed release of information is pursuant to
subparagraph | ||||||
15 | (6) of paragraph (a) of this Section 6 and relates to more
than | ||||||
16 | 25 students.
| ||||||
17 | (c) A record of any release of information pursuant
to this | ||||||
18 | Section must be made and kept as a part of the
school student | ||||||
19 | record and subject to the access granted by Section 5.
Such | ||||||
20 | record of release shall be maintained for the life of the
| ||||||
21 | school student records and shall be available only to the | ||||||
22 | parent
and the official records custodian.
Each record of | ||||||
23 | release shall also include:
| ||||||
24 | (1) the nature and substance of the information | ||||||
25 | released;
| ||||||
26 | (2) the name and signature of the official records
|
| |||||||
| |||||||
1 | custodian releasing such information;
| ||||||
2 | (3) the name of the person requesting such information,
| ||||||
3 | the capacity in which such a request has been made, and the | ||||||
4 | purpose of such
request;
| ||||||
5 | (4) the date of the release; and
| ||||||
6 | (5) a copy of any consent to such release.
| ||||||
7 | (d) Except for the student and his or her parents or, if | ||||||
8 | applicable, the Department's Office of Education and | ||||||
9 | Transition Services , no person
to whom information is released | ||||||
10 | pursuant to this Section
and no person specifically designated | ||||||
11 | as a representative by a parent
may permit any other person to | ||||||
12 | have access to such information without a prior
consent of the | ||||||
13 | parent obtained in accordance with the requirements
of | ||||||
14 | subparagraph (8) of paragraph (a) of this Section.
| ||||||
15 | (e) Nothing contained in this Act shall prohibit the
| ||||||
16 | publication of student directories which list student names, | ||||||
17 | addresses
and other identifying information and similar | ||||||
18 | publications which
comply with regulations issued by the State | ||||||
19 | Board.
| ||||||
20 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
21 | Section 99. Effective date. This Act takes effect on July | ||||||
22 | 1, 2021.
|