(105 ILCS 10/1) (from Ch. 122, par. 50-1)
Sec. 1.
This Act shall be known and may be cited as the
Illinois School Student Records Act.
(Source: P.A. 79-1108.)
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
(Text of Section before amendment by P.A. 102-466)
Sec. 2.
As used in this Act:
(a) “Student” means any person enrolled or previously enrolled in a school.
(b) “School” means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational institution,
vocational school, special educational facility or any other elementary or
secondary educational agency or institution and any person, agency or
institution which maintains school student records from more than one school,
but does not include a private or non-public school.
(c) “State Board” means the State Board of Education.
(d) “School Student Record” means any writing or
other recorded information concerning a student
and by which a student may be individually identified,
maintained by a school or at its direction or by an employee of a
school, regardless of how or where the information is stored.
The following shall not be deemed school student records under
this Act: writings or other recorded information maintained by an
employee of a school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other recorded
information are destroyed not later than the student’s graduation or permanent
withdrawal from the school; and provided further that no such records or
recorded information may be released or disclosed to any person except a person
designated by the school as
a substitute unless they are first incorporated
in a school student record and made subject to all of the
provisions of this Act.
School student records shall not include information maintained by
law enforcement professionals working in the school.
(e) “Student Permanent Record” means the minimum personal
information necessary to a school in the education of the student
and contained in a school student record. Such information
may include the student’s name, birth date, address, grades
and grade level, parents’ names and addresses, attendance
records, and such other entries as the State Board may
require or authorize.
(f) “Student Temporary Record” means all information contained in
a school student record but not contained in
the student permanent record. Such information may include
family background information, intelligence test scores, aptitude
test scores, psychological and personality test results, teacher
evaluations, and other information of clear relevance to the
education of the student, all subject to regulations of the State Board.
The information shall include information provided under Section 8.6 of the
Abused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code.
In addition, the student temporary record shall include information regarding
serious disciplinary infractions that resulted in expulsion, suspension, or the
imposition of punishment or sanction. For purposes of this provision, serious
disciplinary infractions means: infractions involving drugs, weapons, or bodily
harm to another.
(g) “Parent” means a person who is the natural parent of the
student or other person who has the primary responsibility for the
care and upbringing of the student. All rights and privileges accorded
to a parent under this Act shall become exclusively those of the student
upon his 18th birthday, graduation from secondary school, marriage
or entry into military service, whichever occurs first. Such
rights and privileges may also be exercised by the student
at any time with respect to the student’s permanent school record.
(h) “Department” means the Department of Children and Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 2.
As used in this Act:
(a) “Student” means any person enrolled or previously enrolled in a school.
(b) “School” means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational institution,
vocational school, special educational facility or any other elementary or
secondary educational agency or institution and any person, agency or
institution which maintains school student records from more than one school,
but does not include a private or non-public school.
(c) “State Board” means the State Board of Education.
(d) “School Student Record” means any writing or
other recorded information concerning a student
and by which a student may be individually identified,
maintained by a school or at its direction or by an employee of a
school, regardless of how or where the information is stored.
The following shall not be deemed school student records under
this Act: writings or other recorded information maintained by an
employee of a school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other recorded
information are destroyed not later than the student’s graduation or permanent
withdrawal from the school; and provided further that no such records or
recorded information may be released or disclosed to any person except a person
designated by the school as
a substitute unless they are first incorporated
in a school student record and made subject to all of the
provisions of this Act.
School student records shall not include information maintained by
law enforcement professionals working in the school.
(e) “Student Permanent Record” means the minimum personal
information necessary to a school in the education of the student
and contained in a school student record. Such information
may include the student’s name, birth date, address, grades
and grade level, parents’ names and addresses, attendance
records, and such other entries as the State Board may
require or authorize.
(f) “Student Temporary Record” means all information contained in
a school student record but not contained in
the student permanent record. Such information may include
family background information, intelligence test scores, aptitude
test scores, psychological and personality test results, teacher
evaluations, and other information of clear relevance to the
education of the student, all subject to regulations of the State Board.
The information shall include all of the following:
- (1) Information provided under Section 8.6 of the Abused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code.
- (2) Information regarding serious disciplinary infractions that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another.
- (3) Information concerning a student’s status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A of the School Code, including a statement of the student or any other documentation, record, or corroborating evidence and the fact that the student has requested or obtained assistance, support, or services related to that status. Enforcement of this paragraph (3) shall follow the procedures provided in Section 26A-40 of the School Code.
(g) “Parent” means a person who is the natural parent of the
student or other person who has the primary responsibility for the
care and upbringing of the student. All rights and privileges accorded
to a parent under this Act shall become exclusively those of the student
upon his 18th birthday, graduation from secondary school, marriage
or entry into military service, whichever occurs first. Such
rights and privileges may also be exercised by the student
at any time with respect to the student’s permanent school record.
(h) “Department” means the Department of Children and Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(105 ILCS 10/3) (from Ch. 122, par. 50-3)
Sec. 3.
(a) The State Board shall issue regulations to govern
the contents of school student records, to implement and assure compliance
with the provisions of this Act and to prescribe appropriate procedures and
forms for all administrative proceedings, notices and consents required
or permitted under this Act. All such regulations and any rules and
regulations adopted by any school relating to the maintenance of, access to,
dissemination of or challenge to school student records shall be
available to the general public.
(b) The State Board, each local school board or other
governing body and each school shall take reasonable measures to
assure that all persons accorded rights or obligations under this Act
are informed of such rights and obligations.
(c) The principal of each school or the person with like
responsibilities or his or her designate shall take all action
necessary to assure that school personnel are informed of
the provisions of this Act.
(Source: P.A. 79-1108.)
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
Sec. 4.
(a) Each school shall designate an official records
custodian who is responsible for the maintenance, care and security
of all school student records, whether or not such records are
in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school student
record shall be limited to information which is of clear relevance
to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records and the
information contained therein for not less than 60 years after the
student has transferred, graduated or otherwise permanently withdrawn
from the school.
(f) Each school shall maintain student temporary records and the
information contained in those records for not less than 5 years
after the
student has transferred, graduated, or otherwise withdrawn from the school.
However, student temporary records shall not be
disclosed except as provided in Section 5 or 6 or by court order. A school may maintain
indefinitely anonymous information from student temporary records
for authorized research, statistical reporting or planning purposes,
provided that no student or parent can be individually identified
from the information maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review of the
student temporary records and length of time for maintenance of entries to such
records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent or the student, if the rights and privileges accorded to the parent under this Act have been transferred to the student, and, if the student is in the legal custody of the Department of Children and Family Services, the Department’s Office of Education and Transition Services shall be given reasonable
prior notice in accordance with rules
adopted by the State Board and an
opportunity to copy the record and information proposed to be destroyed or
deleted. A school may provide reasonable prior notice under this subsection to a parent or student through (i) notice in the school’s parent or student handbook, (ii) publication in a newspaper published in the school district or, if no newspaper is published in the school district, in a newspaper of general circulation within the school district, (iii) U.S. mail delivered to the last known address of the parent or student, or (iv) other means provided the notice is confirmed to have been received.
(i) No school shall be required to separate permanent
and temporary school student records of a student not enrolled
in such school on or after the effective date of this Act
or to destroy any such records, or comply with the provisions
of paragraph (g) of this Section with respect to such records, except (1)
in accordance with the request of the parent that any or all of such actions
be taken in compliance with the provisions of this Act or (2) in accordance
with regulations adopted by the State Board.
(Source: P.A. 101-161, eff. 1-1-20; 102-199, eff. 7-1-22.)
(105 ILCS 10/5) (from Ch. 122, par. 50-5)
Sec. 5.
(a) A parent or any person specifically designated as
a representative by a parent and, if the child is in the legal custody of the Department of Children and Family Services, the Department’s Office of Education and Transition Services shall have the right to inspect and
copy all school student permanent and temporary records of that
child. A student shall have the right to inspect and copy
his or her school student permanent record. No person who is prohibited
by an order of protection from inspecting or obtaining school records of a
student pursuant to the Illinois Domestic Violence Act of 1986, as now or
hereafter amended, shall have any right of access to, or inspection of, the
school records of that student. If a school’s principal or person with
like responsibilities or his designee has knowledge of such order of
protection, the school shall prohibit access or inspection of the student’s
school records by such person.
(b) Whenever access to any person is granted pursuant
to paragraph (a) of this Section, at the option of that person or the school,
a qualified professional, who may be a psychologist, counsellor or
other advisor, and who may be an employee of the school or employed
by the parent or the Department, may be present to interpret the information contained
in the student temporary record. If the school requires that a
professional be present, the school shall secure and bear any cost of the
presence of the professional. If the parent or the Department so requests, the school
shall secure and bear any cost of the presence of a professional
employed by the school.
(c) A parent’s or student’s or, if applicable, the Department’s Office of Education and Transition Services’ request to inspect and copy records,
or to allow a specifically designated representative to inspect and
copy records, must be granted within a reasonable time, and in no case later
than 10 business days after the date of receipt of such request by the
official records custodian.
(c-5) The time for response under this Section may be extended by the school district by not more than 5 business days from the original due date for any of the following reasons:
- (1) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
- (2) the request requires the collection of a substantial number of specified records;
- (3) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
- (4) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
- (5) the request for records cannot be complied with by the school district within the time limits prescribed by subsection (c) of this Section without unduly burdening or interfering with the operations of the school district; or
- (6) there is a need for consultation, which shall be conducted with all practicable speed, with another public body or school district or among 2 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.
The person making a request and the school district may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the school district agree to extend the period for compliance, a failure by the school district to comply with any previous deadlines shall not be treated as a denial of the request for the records.
(d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts fixed
in schedules adopted by the State Board, to any person permitted
to copy such records, except that no parent or student shall be
denied a copy of school student records as permitted under this
Section 5 for inability to bear the cost of such copying.
(e) Nothing contained in this Section 5 shall make
available to a parent or student or, if applicable, the Department’s Office of Education and Transition Services confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary recognition,
provided such letters and statements are not used for purposes
other than those for which they were specifically intended, and
- (1) were placed in a school student record prior to January 1, 1975; or
- (2) the student has waived access thereto after being advised of his right to obtain upon request the names of all such persons making such confidential recommendations.
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
- (1) Communications otherwise protected by law as privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist, school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist; or
- (2) Information which is communicated by a student or parent in confidence to school personnel; or
- (3) Information which is communicated by a student, parent, or guardian to a law enforcement professional working in the school, except as provided by court order.
(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination
because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.
(Source: P.A. 102-199, eff. 7-1-22.)
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or otherwise
disseminated, except as follows:
- (1) to a parent or student or person specifically designated as a representative by a parent, as provided in paragraph (a) of Section 5;
- (2) to an employee or official of the school or school district or State Board with current demonstrable educational or administrative interest in the student, in furtherance of such interest;
- (3) to the official records custodian of another school within Illinois or an official with similar responsibilities of a school outside Illinois, in which the student has enrolled, or intends to enroll, upon the request of such official or student;
- (4) to any person for the purpose of research, statistical reporting, or planning, provided that such research, statistical reporting, or planning is permissible under and undertaken in accordance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);
- (5) pursuant to a court order, provided that the parent shall be given prompt written notice upon receipt of such order of the terms of the order, the nature and substance of the information proposed to be released in compliance with such order and an opportunity to inspect and copy the school student records and to challenge their contents pursuant to Section 7;
- (6) to any person as specifically required by State or federal law;
- (6.5) to juvenile authorities when necessary for the discharge of their official duties who request information prior to adjudication of the student and who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court. For purposes of this Section “juvenile authorities” means: (i) a judge of the circuit court and members of the staff of the court designated by the judge; (ii) parties to the proceedings under the Juvenile Court Act of 1987 and their attorneys; (iii) probation officers and court appointed advocates for the juvenile authorized by the judge hearing the case; (iv) any individual, public or private agency having custody of the child pursuant to court order; (v) any individual, public or private agency providing education, medical or mental health service to the child when the requested information is needed to determine the appropriate service or treatment for the minor; (vi) any potential placement provider when such release is authorized by the court for the limited purpose of determining the appropriateness of the potential placement; (vii) law enforcement officers and prosecutors; (viii) adult and juvenile prisoner review boards; (ix) authorized military personnel; (x) individuals authorized by court;
- (7) subject to regulations of the State Board, in connection with an emergency, to appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons;
- (8) to any person, with the prior specific dated written consent of the parent designating the person to whom the records may be released, provided that at the time any such consent is requested or obtained, the parent shall be advised in writing that he has the right to inspect and copy such records in accordance with Section 5, to challenge their contents in accordance with Section 7 and to limit any such consent to designated records or designated portions of the information contained therein;
- (9) to a governmental agency, or social service agency contracted by a governmental agency, in furtherance of an investigation of a student’s school attendance pursuant to the compulsory student attendance laws of this State, provided that the records are released to the employee or agent designated by the agency;
- (10) to those SHOCAP committee members who fall within the meaning of “state and local officials and authorities”, as those terms are used within the meaning of the federal Family Educational Rights and Privacy Act, for the purposes of identifying serious habitual juvenile offenders and matching those offenders with community resources pursuant to Section 5-145 of the Juvenile Court Act of 1987, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the Family Educational Rights and Privacy Act;
- (11) to the Department of Healthcare and Family Services in furtherance of the requirements of Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or Section 10 of the School Breakfast and Lunch Program Act;
- (12) to the State Board or another State government agency or between or among State government agencies in order to evaluate or audit federal and State programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);
- (12.5) if the student is in the legal custody of the Department of Children and Family Services, to the Department’s Office of Education and Transition Services; or
- (13) under an intergovernmental agreement if an elementary school district and a high school district have attendance boundaries that overlap and are parties to an intergovernmental agreement that allows the sharing of student records and information between the districts. However, the sharing of student information is allowed under an intergovernmental agreement only if the intergovernmental agreement meets all of the following requirements:
- (A) The sharing of student information must be voluntary and at the discretion of each school district that is a party to the agreement.
- (B) The sharing of student information applies only to students who have been enrolled in both districts or would be enrolled in both districts based on district attendance boundaries, and the student’s parent or guardian has expressed in writing that the student intends to enroll or has enrolled in the high school district.
- (C) The sharing of student information does not exceed the scope of information that is shared among schools in a unit school district. However, the terms of an intergovernmental agreement may place further limitations on the information that is allowed to be shared.
(b) No information may be released pursuant to subparagraph (3) or
(6) of paragraph (a) of this Section 6 unless the parent receives
prior written notice of the nature and substance of the information
proposed to be released, and an opportunity to inspect
and copy such records in accordance with Section 5 and to
challenge their contents in accordance with Section 7. Provided, however,
that such notice shall be sufficient if published in a local newspaper of
general circulation or other publication directed generally to the parents
involved where the proposed release of information is pursuant to
subparagraph (6) of paragraph (a) of this Section 6 and relates to more
than 25 students.
(c) A record of any release of information pursuant
to this Section must be made and kept as a part of the
school student record and subject to the access granted by Section 5.
Such record of release shall be maintained for the life of the
school student records and shall be available only to the parent
and the official records custodian.
Each record of release shall also include:
- (1) the nature and substance of the information released;
- (2) the name and signature of the official records custodian releasing such information;
- (3) the name of the person requesting such information, the capacity in which such a request has been made, and the purpose of such request;
- (4) the date of the release; and
- (5) a copy of any consent to such release.
(d) Except for the student and his or her parents or, if applicable, the Department’s Office of Education and Transition Services, no person
to whom information is released pursuant to this Section
and no person specifically designated as a representative by a parent
may permit any other person to have access to such information without a prior
consent of the parent obtained in accordance with the requirements
of subparagraph (8) of paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names, addresses
and other identifying information and similar publications which
comply with regulations issued by the State Board.
(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; 102-813, eff. 5-13-22.)
(105 ILCS 10/7) (from Ch. 122, par. 50-7)
Sec. 7.
(a) Parents shall have the right to challenge the
accuracy, relevance or propriety of any entry in the school student
records, exclusive of (i) academic grades of their child and (ii)
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.
(b) The State Board shall prescribe by regulation procedures
to govern challenges to school student records under this Act.
Such challenge procedures shall provide for a hearing at which
each party shall have:
- (1) The right to present evidence and to call witnesses;
- (2) The right to cross-examine witnesses;
- (3) The right to counsel;
- (4) The right to a written statement of any decision and the reasons therefor;
- (5) The right to appeal an adverse decision to an administrative tribunal or official to be established or designated by the State Board.
(c) A final decision under the procedures established
pursuant to this Section may be appealed to the Circuit Court of the
County in which the school is located.
(d) Parents shall also have the right to insert in their
child’s school student record a statement of reasonable length
setting forth their position on any disputed information contained in that
record. The school shall include a copy of such statement in any subsequent
dissemination of the information in dispute.
(Source: P.A. 89-261, eff. 8-10-95.)
(105 ILCS 10/8) (from Ch. 122, par. 50-8)
Sec. 8.
No person may condition the granting or withholding of
any right, privilege or benefit or make as a condition of
employment, credit or insurance the securing by any individual
of any information from a student’s temporary record which such
individual may obtain through the exercise of any right secured under this Act.
(Source: P.A. 79-1108.)
(105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1)
Sec. 8.1. (a) No school may refuse to admit or enroll a student
because of that student’s failure to present his student permanent or
temporary record from a school previously attended.
(b) When a new student applies for admission to a school and does not
present his school student record, such school may notify the school or
school district last attended by such student, requesting that the
student’s school student record be copied and sent to it; such request
shall be honored within 10 days after it is received. Within
10 days after receiving a request from the Department of Children and
Family Services, the school district last attended by the student shall
send the student’s school student record to the receiving school district.
(c) In the case of a transfer between school districts of a student
who is eligible for special education and related services, when the parent
or guardian of the student presents a copy of the student’s then current
individualized education program (IEP) to the new school, the student shall
be placed in a special education program in accordance with that described
in the student’s IEP.
(d) Out-of-state transfer students may use unofficial transcripts for admission to a school until official transcripts are obtained from his or her last school district, including children of military personnel that transfer into this State, subject to Section 32 of the Educational Opportunity for Military Children Act.
(Source: P.A. 97-216, eff. 1-1-12; 98-673, eff. 6-30-14.)
(105 ILCS 10/9) (from Ch. 122, par. 50-9)
Sec. 9.
(a) Any person aggrieved by any violation of
this Act may institute an action for injunctive relief in the Circuit
Court of the County in which the violation has occurred or the Circuit
Court of the County in which the school is located.
(b) Any person injured by a wilful or negligent violation of
this Act may institute an action for damages in the Circuit Court of the
County in which the violation has occurred or the Circuit Court of the
County in which the school is located.
(c) In the case of any successful action under paragraph (a) or
(b) of this Section, any person or school found to have wilfully
or negligently violated any provision of this Act is liable to the
plaintiff for the plaintiff’s damages, the costs of the action and
reasonable attorneys’ fees, as determined by the Court.
(d) Actions for injunctive relief to secure compliance
with this Act may be brought by the State Board, by the State’s
Attorney of the County in which the alleged violation has occurred or the
State’s Attorney of the County in which the school is located, in each
case in the Circuit Court of such County.
(e) Wilful failure to comply with any Section of this Act
is a petty offense; except that any person who wilfully and maliciously
falsifies any school student record, student permanent record or student
temporary record shall be guilty of a Class A misdemeanor.
(f) Absent proof of malice, no cause of action or claim for relief,
civil or criminal, may be maintained against any school, or employee or
official of a school or person acting at the direction of a school for
any statement made or judgment expressed in any entry to a school student
record of a type which does not violate this Act or the regulations
issued by the State Board pursuant to this Act; provided that this
paragraph (f) does not limit or deny any defense available
under existing law.
(Source: P.A. 84-712.)
(105 ILCS 10/10) (from Ch. 122, par. 50-10)
Sec. 10.
If any provision of this Act or the application
thereof to any person or circumstance is held invalid, such invalidity does not
affect other provisions or applications of the Act which can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.
(Source: P.A. 79-1108.)