7:340-AP1- School Student Records
This procedure implements policy 7:340, Student Records. It contains a Table of Contents and lettered Sections.
Table of Contents
- Legal Citations and Definitions
- School Student Records Defined
- Eligible Students Accorded the Rights of Parent/Guardian
- Official Records Custodians
- Maintenance of School Student Records
- Retention and Destruction of School Student Records
- Social Security Numbers
- Access to School Student Records
- Record of Release
- Orders of Protection
- Parenting Plans
- Transmission of Records for Transfer Students
- Directory Information
- Student Record Challenges
A. Legal Citations and Definitions
The legal requirements contained in this procedure are followed by a citation to the controlling rule and/or statute. Citations in parenthesis indicate the location of a named law. For additional clarification regarding a requirement, the cited law should be reviewed.
Definitions are found in the Ill. School Student Records Act and the Ill. State Board of Education (ISBE) rules. 105 ILCS 10/2; 23 Ill.Admin.Code §375.10. For easy reference, some definitions are re-printed in this procedure.
The release of confidential information given by a student to a therapist, e.g., school counselor or psychologist, is not included in these procedures but is governed by the Mental Health and Developmental Disabilities Confidentiality Act (MHDDCA). 740 ILCS 110/.
B. School Student Records Defined
School Student Record means any writing or other recorded information concerning a student and by which a student may be individually identified that is maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. 105 ILCS 10/2(d).
Special Education Records means school records that relate to identification, evaluation, or placement of, or the provision of a free and appropriate public education to, students with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.) and Article 14 of the School Code. These records include the report of the multidisciplinary staffing conference on which placement or nonplacement was based and all records and audio recordings in any format relating to special education placement hearings and appeals. 23 Ill.Admin.Code §375.10.
A school student record does not include any of the following:
- Writings or other recorded information kept in a school staff member’s sole possession that is destroyed not later than the student’s graduation or permanent withdrawal, and is not accessible or revealed to any other person except a temporary substitute teacher. 105 ILCS 10/2(d).
- Information maintained by law enforcement professionals working in the school.105 ILCS 10/2(d).
- Video or other electronic recordings created and maintained by law enforcement professionals working in the school or for security or safety reasons or purposes, provided the information was created at least in part for law enforcement or security or safety reasons or purposes. This includes, without limitation, electronic recordings made on school buses, as described in the exemption from the criminal offense of eavesdropping in 720 ILCS 5/14-3(m). The content of these recordings may become part of a school student record to the extent school officials create, use, and maintain this content, or it becomes available to them by law enforcement officials for disciplinary or special education purposes regarding a particular student. 23 Ill.Admin.Code §375.10. Note: For districts and schools that do not have a designated law enforcement unit, consult the Board Attorney regarding designating an employee to serve as the law enforcement unit in order to maintain the security camera and determine the appropriate circumstances in which the school would disclose recorded images.
- Any information, either written or oral, received from law enforcement officials pursuant to 105 ILCS 5/22-20 concerning a student less than the age of 17 years who has been arrested or taken into custody. 23 Ill.Admin.Code §375.10.
C. Eligible Students Accorded the Rights of Parent/Guardian
All rights and privileges concerning school student records that are accorded to parents/guardians become exclusively those of the student when the student reaches 18 years of age, graduates from high school, marries, or enters military service, whichever occurs first. 105 ILCS 10/2(g). Such students are called eligible students in this procedure.
D. Official Records Custodians
Each Building Principal is designated the Official Records Custodian for his or her respective school and has the duties, without limitation, listed below.
- Is responsible for the maintenance, care, and security of all school student records, whether or not the records are in his or her personal custody or control, and shall take all reasonable measures to protect school student records through administrative, technical, and security safeguards against risks, such as unauthorized access, release, or use. 105 ILCS 10/4(a) and (b); 23 Ill.Admin.Code §375.40(g).
- Reviews student temporary records at least every four years, or upon a student’s change in attendance centers, whichever occurs first, to verify entries and correct inaccurate information. The records review is required in any given school year at the time a student first changes attendance centers within the District, but it does not need to be conducted if the student enrolls in a different attendance center later in that same school year. 23 Ill.Admin.Code §375.40(b).
- When notified by the Ill. Dept. of Children and Family Services (DCFS), purges DCFS’s final finding report from the student’s record and returns the report to DCFS. If a school has transferred the report to another school as part of the transfer of the student’s records, the sending school shall forward a copy of the DCFS’s request to the receiving school. 325 ILCS 5/8.6.
- Manages requests to access school student records.
- Transfers a certified copy of the records of students transferring to another school and retains the original records.
- Provides all required notices to parents/guardians and students, including without limitation, each of the following:
- Upon initial enrollment or transfer to the school, notification of rights concerning school student records; the notification may be delivered by any means likely to reach parents, including direct mail or email, delivery by the student to the parent, or incorporation into a student handbook. 23 Ill.Admin.Code §375.30.
- Annual notification of information that is considered to be directory information and of the procedures to be used by parents/guardians to request that specific information not be released. 23 Ill.Admin.Code §375.80.
- Notification to secondary students and their parents/guardians that they may opt out of the disclosure of students’ names, addresses, and telephone listings to military recruiters and institutions of higher learning by submitting a written request that such information not be released without the prior written consent of the parent/guardian. 20 U.S.C. §7908.
- Notification of their right to a hearing to challenge any entry in the school student records (except for academic grades) and Official Records Custodian’s name and contact information. 23 Ill.Admin.Code §375.90.
- Upon a student’s graduation, transfer, or permanent withdrawal, notification of the destruction schedule for the student’s permanent and temporary school student records and of their right to request a copy through: (1) the school’s parent or student handbook, (2) publication in a newspaper published in the District or, if no newspaper is published in the District, in a newspaper of general circulation within the district, (3) U.S. mail delivered to the last known address of the parent/guardian or student, or (4) other means provided notice is confirmed to have been received, e.g., hand delivery, return receipt, or read receipt email. 105 ILCS 10/4(h), amended by P.A. 101-161, 23 Ill.Admin.Code §375.40(c).
- Takes all action necessary to ensure that school personnel are informed of the provisions of the School Student Records Act. 105 ILCS 10/3(c).
- Performs all actions required of the District described in this procedure and the laws governing school student records.
The Building Principal may delegate any of these duties to an appropriate staff member but shall remain responsible for the duty’s execution.
The District maintains two types of school records for each student: a permanent record and a temporary record.
The student permanent record shall consist of the following:
- Basic identifying information, including the student’s name and address, birth date and place, gender, and the names and addresses of the student’s parent(s)/guardian(s).
- Evidence required by the Missing Children’s Records Act. 325 ILCS 50/5(b)(1).
- Academic transcripts, including: grades, graduation date, and grade level achieved; as applicable, and if allowed by District policy, scores received on college entrance examinations if that inclusion is requested in writing by an eligible student or the student’s parent/guardian; the unique student identifier assigned and used by ISBE’s Student Information System (23 Ill.Admin.Code §1.75); as applicable, designation of an Advanced Placement computer science course as a mathematics-based, quantitative course for purposes of meeting State graduation requirements set forth in 105 ILCS 5/27-22 , amended by P.A. 101-643; as applicable, designation of the student’s achievement of the State Seal of Biliteracy, awarded in accordance with 105 ILCS 5/2-3.159 and 23 Ill.Admin.Code Part 680 ; as applicable, designation of the student’s achievement of the State Commendation Toward Biliteracy, awarded in accordance with 23 Ill.Admin.Code §6820(c); and as applicable, designation of the student’s achievement of the Global Scholar Certification, awarded in accordance with 105 ILCS 5/2-3.169 and 23 Ill.Admin.Code §1.443.
- Attendance record.
- Health record, defined by ISBE rule as “medical documentation necessary for enrollment and proof of having certain examinations, as may be required under Section 27-8.1 of the (School) Code.”
- Record of release of permanent record information that contains the information listed in Section I, Record of Release, below.
- Scores received on all State assessment tests administered at the high school level (that is, grades 9 through 12). 105 ILCS 5/2-3.64a-5 amended by P.A. 101-643.
SBE rule provides that if not maintained in the temporary record, the permanent record may include:
- Honors and awards received.
- Information concerning participation in school-sponsored activities or athletics, or offices held in school-sponsored organizations.
No other information shall be placed in the permanent record.
The student temporary record contains all information not required to be kept in the student permanent record and must include:
- Record of release of temporary record information that contains the information listed in Section I, Record of Release, below.
- Scores received on the State assessment tests administered in the elementary grade levels (that is, kindergarten through grade 8).
- Completed home language survey. 23 Ill.Admin.Code §228.15(d).
- Information regarding serious disciplinary infractions (that is, those involving drugs, weapons, or bodily harm to another) that resulted in expulsion, suspension, or the imposition of punishment or sanction.
- Any final finding report received from a Child Protective Service Unit provided to the school under the Abused and Neglected Child Reporting Act; no report other than what is required under Section 8.6 of that Act (325 ILCS 5/8.6) shall be placed in the student record. 23 Ill.Admin.Code §375.40(f).
- Health-related information, defined by ISBE rule as “current documentation of a student’s health information, not otherwise governed by the MHDDCA or other privacy laws, which includes identifying information, health history, results of mandated testing and screenings, medication dispensation records and logs, e.g., glucose readings, long-term medications administered during school hours, documentation regarding a student athlete’s and his or her parents’ acknowledgment of the District’s concussion policy adopted pursuant to 105 ILCS 5/10-20.53, and other health-related information that is relevant to school participation, e.g., nursing services plan, failed screenings, yearly sports physical exams, interim health histories for sports.
- Accident report, defined by ISBE rule as “documentation of any reportable student accident that results in an injury to a student, occurring on the way to or from school or on school grounds, at a school athletic event or when a student is participating in a school program or school-sponsored activity or on a school bus and that is severe enough to cause the student not to be in attendance for one-half day or more or requires medical treatment other than first aid. The accident report shall include identifying information, nature of injury, days lost, cause of injury, location of accident, medical treatment given to the student at the time of the accident, or if the school nurse has referred the student for a medical evaluation, regardless of whether the parent or guardian, student (if 18 years or older) or an unaccompanied youth … has followed through on that request.”
- Any documentation of a student’s transfer, including records indicating the school or school district to which the student transferred. 23 Ill.Admin.Code §375.75(e).
- Completed course substitution form for any student who, when under the age of 18, is enrolled in vocational and technical course as a substitute for a high school or graduation requirement. 105 ILCS 10/4; 23 Ill.Admin.Code §1.445.
- Information contained in related service logs maintained by the District for a student with an individualized education program under 105 ILCS 5/14-8.02f(d). amended by P.A. 101-643, including for speech and language services, occupational therapy services, physical therapy services, school social work services, school counseling services, school psychology services, and school nursing services.
The temporary record may also consist of:
- Family background information
- Intelligence test scores, group and individual
- Aptitude test scores
- Reports of psychological evaluations, including information on intelligence, personality, and academic information obtained through test administration, observation, or interviews
- Elementary and secondary achievement level test results
- Participation in extracurricular activities, including any offices held in school-sponsored clubs or organizations
- Honors and awards received
- Teacher anecdotal records
- Other disciplinary information
- Special education records
- Records associated with plans developed under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §701 et seq.)
- Verified reports or information from non-educational persons, agencies, or organizations of clear relevance to the student’s education
F. Retention and Destruction of School Student Records
The permanent record is maintained for at least 60 years after the student transfers, graduates, or permanently withdraws. 105 ILCS 10/4(e). The temporary record is maintained for at least five years after the student transfers, graduates, or permanently withdraws. 105 ILCS 10/4(f). Individuals adding information to a student’s temporary record must include their name, signature, and position and the date the information was added. 105 ILCS 10/4(d). Temporary records that may be of assistance to a student with a disability who graduates or permanently withdraws, may, after five years, be transferred to the parent(s)/guardian(s) or to the eligible student. 23 Ill.Admin.Code §375.40(d). Be sure to provide notice pursuant to 105 ILCS 10/4(h), amended by P.A. 101-161, as noted in D(6)(e), above.
G. Social Security Numbers
School officials, with limited exceptions, may not require students or their parents/guardians to provide social security numbers. 5 ILCS 179/, Identity Protection Act. The collection and retention of social security numbers shall be in accordance with Board policy 4:015, Identity Protection.
H. Access to School Student Records
The phrase “access to a school student record” means any release or disclosure of information from a student’s school record, whether or not any record is copied, and should be broadly interpreted. Access in all cases is limited to the designated portion of the record to which the consent or statutory authority applies.
Neither the District nor any of its employees shall release, disclose, or grant access to information found in any school student record except under the conditions set forth in the Ill. School Student Records Act. 105 ILCS 10/6. Absent a court order, school officials do not provide educational records to the Immigration Customs Enforcement.
The Building Principal shall grant access to school student records as detailed below. The Building Principal shall consult with the Superintendent and, if authorized, the Board Attorney concerning any questions.
Access to Parent/Guardian or Eligible Student
- A student’s parent(s)/guardian(s) or eligible student, or designee, are entitled to inspect and copy information in the student’s school record; a student less than 18 years old may inspect or copy information in his or her permanent school record. 105 ILCS 10/5. A request to inspect or copy school student records shall be made in writing and directed to the Building Principal. Access to the records shall be granted within 10 business days after the receipt of such a request. 105 ILCS 10/5(c), amended by P.A. 100-532. The District may extend this timeline by up to five additional business days if one or more of these six reasons applies:
- The requested records are stored in whole or in part at other locations than the office having charge of the requested records;
- The request required the collection of a substantial number of specified records;
- The request is couched in categorical terms and requires an extensive search for the records responsive to it;
- The requested records have not been located in the course of routine search and additional efforts are being made to locate them;
- The request for records cannot be complied with by the school district within the time limits prescribed by subsection (c) without unduly burdening or interfering with the operations of the school district; or
- There is a need for consultation, which shall be conducted with all practicable speed, with another public body or school district among two or more components of a public body or school district having a substantial interest in the determination or in the subject matter of the request.
105 ILCS 10/5(c-5), amended by P.A. 100-532.
The District and the person making the request may also agree in writing to extend the timeline for response. Id. The response to an access request for a special education student’s records shall include those school student records located in the special education office.
2. The parent(s)/guardian(s) or the District may request a qualified professional to be present to interpret the student’s records. 105 ILCS 10/5(b). If the District makes the request, it is responsible for securing and bearing the cost of the professional’s presence.
3. Unless the District has actual notice of a court order or a notice of a parenting plan under the Ill. Marriage and Dissolution of Marriage Act, indicating otherwise:
a. Divorced or separated parents/guardians with and without parental responsibility (formerly custody) are both permitted to inspect and copy the student’s school student records. 750 ILCS 5/602.11.
b. The Building Principal shall send copies of the documents listed below to both divorced or separated parents/guardians at either’s request. 105 ILCS 5/10-21.8.
Academic progress reports or records
Emotional and physical health reports
Notices of school-initiated parent-teacher conferences
School calendar regarding the student
Notices about open houses, graduations, and other major school-sponsored events including student-parent/guardian interaction
4. The school will deny access to a student’s school records to a parent against whom an order of protection (OP) was issued if the OP prohibits the parent from inspecting or obtaining such records pursuant to the Domestic Violence Act of 1986 or the Code of Criminal Procedure of 1963. See the Ill. Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.11(a), and 750 ILCS 60/214(b)(15), and 222(f). Also see Orders of Protection, below.
5. Parent(s)/guardian(s) or the student shall not be granted access to confidential letters and recommendations concerning the admission to a post-secondary educational institution, applications for employment or the receipt of an honor or award which were placed in the records prior to 1-1-75, provided such letters and statements are not used for purposes other than those for which they were specifically intended. Access shall not be granted to such letters and statements entered into the record at any time if the student has waived his or her right of access after being advised of his or her right to obtain the names of all persons making such confidential letters and statements. 105 ILCS 10/5(e).
Access With Consent of Parent/Guardian or Eligible Student
- Access will be granted to any person possessing a written, dated consent, signed by the parent(s)/guardian(s) or eligible student, stating to whom the records may be released, the information or record to be released, and the reason for the release. 105 ILCS 10/6(a)(8); 23 Ill.Admin.Code §375.70(e). Whenever the District requests the consent to release records, the Building Principal shall inform the parent(s)/guardian(s) or eligible student in writing of the right to inspect, copy, and challenge their contents and to limit such consent to designated portions of the records. 105 ILCS 10/6(a)(8).
- Access to any record that is protected by the MHDDCA, specifically that of a therapist, social worker, psychologist, nurse, agency, or hospital that was made in the course of providing mental health or developmental disabilities services to a student, will be granted according to the consent requirements contained in MHDDCA. 740 ILCS 110/4 and 5.
Access Without Notification to or Consent of Parent/Guardian or Eligible Student
- District employees or officials of the ISBE will be granted access, without parental/guardian consent or notification, when a current, demonstrable, educational or administrative need is shown. Access in such cases is limited to the satisfaction of that need. 105 ILCS 10/6(a)(2). Individual board members do not have a right to see student records merely by virtue of their office unless they have a current demonstrable educational or administrative interest in the student and seeing his or her record(s) would be in furtherance of the interest. 105 ILCS 10/6(a)(2).
- Access will be granted, without parental/guardian consent or notification, 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. 105 ILCS 10/6(a)(3).
- Access will be granted, without parental/guardian consent or notification, to any person for the purpose of research, statistical reporting, or planning, provided that no student or parent/guardian can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records. 105 ILCS 10/6(a)(4).
- The District will comply with an ex parte court order requiring it to permit the U.S. Attorney General or designee to have access to a student’s school records without notice to or the consent of the student’s parent(s)/guardian(s). 20 U.S.C. §1232(g)(j), as added by the Sec. 507 of the U.S.A. Patriot Act of 2001. An ex parte order is an order issued by a court of competent jurisdiction without notice to an adverse party.
- A Serious Habitual Offender Comprehensive Action Program (SHOCAP) committee member will be granted access, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the Family Educational Rights and Privacy Act (FERPA). 105 ILCS 10/6(a)(10) allows disclosure to SHOCAP committee members who are “state and local officials and authorities” as those terms are used in FERPA. This federal law does not define “state and local officials and authorities;” rather, it limits when disclosure may be made to such officials and authorities.
- Juvenile authorities will be granted access when necessary for the discharge of their official duties upon their request before the student’s adjudication, provided they certify in writing that the information will not be disclosed to any other party except as provided under law or order of court. Juvenile authorities means: (a) a circuit court judge and court staff members designated by the judge; (b) parties to the proceedings under the Juvenile Court Act of 1987 and their attorneys; (c) probation officers and court appointed advocates for the juvenile authorized by the judge hearing the case; (d) any individual, public or private agency having court-ordered custody of the child; (e) 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; (f) any potential placement provider when such release is authorized by the court to determine the appropriateness of the potential placement; (g) law enforcement officers and prosecutors; (h) adult and juvenile prisoner review boards; (i) authorized military personnel; and (j) individuals authorized by court. 105 ILCS 10/6(a)(6.5).
- Military recruiters and institutions of higher learning will be granted access to secondary students’ names, addresses, and telephone listings, unless the student’s parent/guardian submits a written request that such information not be released without the prior written consent of the parent/guardian or eligible student. Only this written consent process may be used, no other processes, such as an opt-in process, etc., may be used. Military recruiters and institutions of higher learning have access to students’ names, addresses, and phone numbers even if the District does not release directory information. 20 U.S.C. §7908. For more information, see 7:340-AP1, E3, Letter to Parents and Eligible Students Concerning Military Recruiters and Postsecondary Institutions Receiving Student Directory Information; 7:340-AP1, E4, Frequently Asked Questions Regarding Military Recruiters Access to Students and Student Information; ISBE Military Recruitment Access Reminder, announced in State Superintendent Smith’s Weekly Message, 11-27-18, at: isbe.net/Documents/Military-Access-Reminder.pdf. The requirements in this paragraph apply only if the District receives funds under the Elementary and Secondary Education Act. Id.
Access Without Consent of, but With Notification to, Parent/Guardian or Eligible Student
- Access will be granted pursuant to a court order, provided that the parent(s)/guardian(s) shall be given prompt written notice of such order’s terms, the nature and substance of the information proposed to be released, and an opportunity to inspect and copy such records and to challenge their contents. 105 ILCS 10/6(a)(5). Parents of students who are named in a court order or parenting plan shall be deemed to have received the required written notice. The Building Principal shall respond to the order no earlier than five school days after its receipt in order to afford parents/guardians the opportunity to review, inspect, and challenge the records if the parents choose to do so. 23 Ill.Admin.Code §375.70(d).
For the purposes of these procedures, a court order is a document signed by a judge. A subpoena signed by a court clerk, an attorney, or an administrative agency official shall not be considered a court order unless signed by a judge. 23 Ill.Admin.Code §375.40(a).
- Information may be released without parental consent, in connection with an articulable and significant threat to the health or safety of a student or other individuals, to appropriate persons if the knowledge of the requested information is necessary to protect the health or safety of the student or other individuals. The Building Principal shall make this decision taking into consideration the seriousness of the threat, the need for such records to meet the emergency, whether the persons to whom such records are released are in a position to deal with the emergency, and the extent to which time is of the essence in dealing with the emergency. 105 ILCS 10/6(a)(7); 23 Ill.Admin.Code §375.60. The Building Principal shall notify the parent(s)/guardian(s) or eligible student, no later than the next school day after the date that the information is released, of the date of the release, the person, agency or organization to whom the release was made, and the purpose of the release.
- The District will grant access as specifically required by federal or State statute, provided the individual complies with the requirements in 23 Ill.Admin.Code §375.70(b). 105 ILCS 10/6(a)(6). Prior to granting access, the Building Principal shall provide prompt written notice to the parent(s)/guardian(s) or eligible student of this intended action. 105 ILCS 10/6(b); 23 Ill.Admin.Code §375.70. This notification shall include a statement concerning the nature and substance of the records to be released and the right to inspect, copy, and challenge the contents. If the release relates to more than 25 students, a notice published in the newspaper is sufficient.
The District charges $.35 per page for copying information from a student’s records. No parent/guardian or student shall be precluded from copying information because of financial hardship. 23 Ill.Admin.Code §375.50. Note: The ISBE rule allows a school to “charge the actual cost for providing a copy of school student records or any portion of such records to parents and students upon request for such copies, provided that such costs shall not exceed $.35 per page.” 23 Ill.Admin.Code §375.50.
I. Record of Release
Except as provided below, a record of all releases of information from school student records (including all instances of access granted whether or not records were copied) shall be kept and maintained as part of such records. 105 ILCS 10/6(c). This record shall be maintained for the life of the school student record and shall be accessible only to the parent(s)/guardian(s) or eligible student, Building Principal, or other authorized person. The record of release shall include each of the following:
- The nature and substance of the information released;
- The name and signature of the official records custodian releasing such information;
- The name and capacity of the requesting person and the purpose for the request;
- The date of release; and
- A copy of any consent to a release.
No record of a disclosure is maintained when records are disclosed according to the terms of an ex parte court order. 20 U.S.C. §1232(g)(j)(4).
J. Orders of Protection
Upon receipt of a court OP that prohibits a Respondent’s access to records, the Building Principal shall file it in the temporary record of a student who is the protected person under the OP. No information or records shall be released to the Respondent named in the OP. 750 ILCS 60/222(f).
K. Parenting Plans
Upon receipt of a parenting plan under the Ill. Marriage and Dissolution of Marriage Act (750 ILCS 5/), the Building Principal shall file it in the temporary record of a student who is the subject of the parenting plan.
The Building Principal shall:
- Upon the student’s request or that of the official records custodian of another school in which the student has enrolled or intends to enroll, transfer a certified copy of the student’s record (that is, the student’s permanent and temporary record) to the official records custodian of the appropriate school and retain the original records. See policy 7:050, School Admissions and Student Transfers To and From Non-District Schools.
- Determine if the school or special education office has any record that is protected by the MHDDCA concerning the transferring student, specifically a record or report made by a therapist, social worker, psychologist, nurse, agency, or hospital that was made in the course of providing mental health or developmental disabilities services. If so, ask the appropriate person as identified in 740 ILCS 110/4 whether to send the record protected by MHDDCA to the new school and, if yes, obtain a written consent for disclosure as provided in 740 ILCS 110/5.
This requirement does not apply to special education records and reports that are related to the identification, evaluation, or placement of, or the provision of a free and appropriate public education to, students with disabilities. 23 Ill.Admin.Code §375.10.
- Provide the parent/guardian or eligible student prior written notice of the nature and substance of the information to be transferred and opportunity to inspect, copy, and challenge it. If the parent’s/guardian’s address is unknown, notice may be served upon the official records custodian of the requesting school for transmittal to the parent/guardian. This service is deemed conclusive, and 10 calendar days after this service, if the parents/guardians make no objection, the records may be transferred to the requesting school.
- Destroy any biometric information collected and do not transfer it to another school district.
- Retain the original records in accordance with the requirements of 105 ILCS 10/4.
- Maintain any documentation of the student’s transfer, including records indicating the school or school district to which the student transferred, in that student’s temporary record.
If the student has unpaid fines, fees, or tuition charged pursuant to 105 ILCS 5/10-20.12a and is transferring to a public school located in Illinois or any other state, the Building Principal shall: 23 Ill.Admin.Code §375.75
- Transfer the student’s unofficial record of student grades in lieu of the student’s official transcript of scholastic records. The unofficial record of student grades means written information relative to the grade levels and subjects in which a student was enrolled and the record of academic grades achieved by that student prior to transfer. These records shall also include the school’s name and address, the student’s name, the name and title of the school official transmitting the records, and the transmittal date.
- Within 10 calendar days after the student has paid all of his or her unpaid fines or fees and at this District’s own expense, forward the student’s official transcript of scholastic records to the student’s new school.
The Principal shall include the following information with the transferred records if the student is transferring to another public school located in Illinois or any other state and at the time of the transfer is currently serving a term of suspension or expulsion for any reason: 105 ILCS 5/2-3.13a; 23 Ill.Admin.Code 375.75(j).
- The date and duration of the period of any current suspension or expulsion; and
- Whether the suspension or expulsion is for: (a) knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. §7961 et seq); (b) knowingly possessing, selling or delivering in a school building or on school grounds a controlled substance or cannabis; or (c) battering a school staff member.
M. Directory Information 23 Ill.Admin.Code §375.80
The School may release certain directory information regarding students, except that a student’s parent(s)/guardian(s) may prohibit the release of the student’s directory information. Directory information is limited to:
- Grade level
- Birth date and place
- Parent(s)/guardian(s)’ names, addresses, electronic mail addresses, and telephone numbers
- Photographs, videos, or digital images used for informational or news-related purposes (whether by a media outlet or by the school) of a student participating in school or school-sponsored activities, organizations, and athletics that have appeared in school publications, such as yearbooks, newspapers, or sporting or fine arts programs
- Academic awards, degrees, and honors
- Information in relation to school-sponsored activities, organizations, and athletics
- Major field of study
- Period of attendance in school
No photograph highlighting individual faces shall be used for commercial purposes, including solicitation, advertising, promotion, or fundraising, without the prior, specific, dated, and written consent of the parent or eligible student (see 765 ILCS 1075/30). 23 Ill.Admin.Code §375.80. The following shall not be designated as directory information: (a) an image on a school security video, or (b) student social security number or student identification or unique student identifier. Id.
The notification to parents/guardians and students concerning school student records will inform them of their right to opt out of the release of directory information. See 7:340-E1, Notice to Parents/Guardians and Students of Their Rights Concerning a Student’s School Records.
N. Student Record Challenges
Parents/guardians have the right to a hearing to challenge the accuracy, relevancy, or propriety of any entry in their student’s school records, exclusive of academic grades and references to expulsions or out-of-school suspensions, if the challenge is made at the time the student’s school student records are forwarded to another school to which the student is transferring. 105 ILCS 10/7; 23 Ill.Admin.Code §375.90. A request for a hearing should be submitted to the Superintendent and shall contain notice of the specific entry or entries to be challenged and the basis of the challenge. The following procedures apply to a challenge: Id.
- The Superintendent or designee will invite the parent(s)/guardian(s) to an initial informal conference, within 15 school days of receipt of the request for a hearing.
- If the challenge is not resolved by the informal conference, formal procedures shall be initiated. The Superintendent will appoint a hearing officer, who is not employed in the attendance center in which the student is enrolled.
- The hearing officer will conduct a hearing within a reasonable time, but no later than 15 days after the informal conference, unless an extension of time is agreed upon by the parent(s)/guardian(s) and school officials. The hearing officer shall notify parents and school officials of the time and place of the hearing.
- At the hearing each party shall have the right to:
- Present evidence and to call witnesses;
- Cross-examine witnesses;
- A written statement of any decision and the reasons therefore; and
- Appeal an adverse decision to an administrative tribunal or official to be established or designated by the State Board.
- A verbatim record of the hearing shall be made by a tape recorder or a court reporter. A typewritten transcript may be prepared by either party in the event of an appeal of the hearing officer’s decision. However, a typewritten transcript is not required in an appeal.
- The written decision of the hearing officer shall, no later than ten school days after the conclusion of the hearing, be transmitted to the parent(s)/guardian(s) and the School District. It shall be based solely on the information presented at the hearing and shall be one of the following:
- To retain the challenged contents of the school student record;
- To remove the challenged contents of the school student record; or
- To change, clarify, or add to the challenged contents of the school student record.
- Any party has the right to appeal the decision of the local hearing officer to the Regional Superintendent or appropriate Intermediate Service Center, within 20 school days after the decision is transmitted. The parent(s)/guardian(s), if they appeal, shall so inform the school and within 10 school days the school shall forward a transcript of the hearing, a copy of the record entry in question, and any other pertinent materials to the Regional Superintendent or appropriate Intermediate Service Center. The school may initiate an appeal by the same procedures.
- The final decision of the Regional Superintendent or appropriate Intermediate Service Center may be appealed to the circuit court of the county in which the school is located.
- The parent(s)/guardian(s) may insert a written statement of reasonable length describing their position on disputed information. The school will include a copy of the statement in any release of the information in dispute. 105 ILCS 10/7(d).
740 ILCS 110/; Mental Health and Development Disabilities Confidentiality Act
750 ILCS 5/, Illinois Marriage and Dissolution of Marriage Act
Date Adopted: June 24, 2009
Date Amended: October 16, 2013
Date Amended: November 15, 2016
Date Amended: January 23, 2018
Date Amended: January 21, 2020
Date Amended: December 17, 2020