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 Confidentiality of Personally
Identifiable Information
A. Confidentiality
1. The school student
records of a student with disabilities shall be maintained
confidentially in accordance with the requirements of the
Individual with Disabilities Education Act, the Family
Educational Rights and Privacy Act, the Illinois School
Student Records Act, the Illinois School Code, the Illinois
Mental Health and Developmental Disabilities Confidentiality
Act, and their respective implementing regulations.
2. MVSEA and its Member Districts shall designate a
Records Custodian to take all reasonable measures to comply
with the confidentiality requirements Individual with
Disabilities Education Act, the Family Educational Rights
and Privacy Act, the Illinois School Student Records Act,
the Illinois School Code, the Illinois Mental Health and
Developmental Disabilities Confidentiality Act, and their
respective implementing regulations.
3. The Records Custodian shall assume responsibility
for the following:
a. Respond to any request for
inspection and review of school student records, including a
request for a copy of school student records;
b. Respond to any request for
an explanation or interpretation of school student record;
c. Respond to any request to
amend or destroy a school student record;
d. Respond to any request to
disclose or release personally
identifiable information and/or school student records;
e. Keep a record of parties
obtaining access to school student records (except access by
parents and authorized employees of the school district),
including the name of the party, the date access took place,
and the purpose of the authorized use;
f. Maintain, for public
inspection, a current listing of the names and positions of
the employees who may have access to personally identifiable
information;
g. Provide upon request from
the parent(s)/guardian(s) or the student at the age of
majority, a list of the types and locations of school
student records collected, maintained, or used by MVSEA or
the Member Districts;
h. Take all reasonable measures
to protect the confidentiality of personally identifiable
information at collection, storage, disclosure, and
destruction stages of maintenance of school student records.
4. The school principal, person with like duties, or
principal’s designee, shall take all action necessary to
assure that each person collecting or using personally
identifiable information is knowledgeable of the policies
and procedures governing confidentiality of personally
identifiable information.
5. MVSEA and its Member Districts will notify the
parent(s)/guardian(s) or the student with disabilities at
the age of majority, of the right to access the student
school records, to request amendments and to request a
records hearing:
a. The school will annually notify the student and the
student's parent(s)/guardian(s) if the student is under the
age of majority, of their rights under federal and state law
with respect to access including, but not limited to, the
following:
(1) The
types and location of information contained in the permanent
and temporary student school records;
(2) The
right to inspect and copy permanent and temporary student
school records and the cost of copying such records;
(3) The
right to control access and release of school student
records and the right to request a copy of information
released;
(4) The
rights and procedures for challenging the contents of the
school student records that may be inaccurate, misleading or
improper;
(5) The
persons, agencies or organizations having access to the
school student records without parental consent;
(6) The
right to copy any school student record or information
contained therein which is proposed to be destroyed or
deleted and the
school's schedule for reviewing and destroying such
information; and
(7) The
categories of information the school has designated as
"directory information" and the right of the parent(s)/guardian(s)
to prohibit the release of such information.
b. Notice will be
delivered by the means most likely to reach the parent(s)/guardian(s)
or the student at the age of majority, including direct
mail, parent-teacher conferences, delivery by the student to
the parent, or incorporated in a "parent-student" handbook
or other informational brochure for students and parent(s)/guardian(s)
disseminated by the school.
B. Type of Records Subject to Disclosure
1. School student
records available for review by parent(s)/guardian(s) or
authorized persons are those writings 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 are not
school student records and are not subject to disclosure:
writings or
other recorded information maintained by an employee of
MVSEA or its Member Districts or other person at the
direction of MVSEA or its Member Districts for his/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 the provisions of
federal and state law.
2. School student records do not include information
maintained by law enforcement professionals working in the
school.
C. Inspection and Review of School Student Records
1. MVSEA and its Member
Districts shall permit parent(s)/guardian(s) and any other
authorized person(s) to inspect, review and copy all school
student records.
2. The Records Custodian shall respond to and grant any
written request to inspect and to copy school students
records to a parent(s)/guardian(s) or authorized
representative within15 school days after the date of
receipt of such written request by the Records Custodian.
3. If requested by an authorized person, the Records
Custodian shall provide copies of the student school record
if he/she determines that the parent(s)/ guardian(s) will be
effectively prevented from exercising his/her right to
inspect and review an student school record at the location
where it is such records are normally maintained (or at any
other location where the MVSEA or the Member District offers
to produce such records. MVSEA and its Member Districts may
charge a reasonable fee for copies of records. MVSEA and its
Member Districts shall not charge a fee when the Records
Custodian determines that a parent(s)/guardian(s) is unable
to bear the cost of such copying.
D. Release of Personally Identifiable Information
1. MVSEA and its Member
Districts shall obtain written parental consent or consent
from the student at age of majority before permitting
personally identifiable information to be released or used
except as otherwise authorized by law.
Note: In certain instances information maintained in the
student’s educational record may constitute a mental health
record, the release of which must comply with the
requirements of the Mental Health and Developmental
Disabilities Act (740 ILCS 110/3), which requires the
written consent of any student 12 years of age or older.
2. MVSEA and its Member Districts may not release,
transfer, disclose or otherwise disseminate information
maintained in the school student records, except as follows
and as provided by law:
a. To a parent/guardian or
student or person specifically designated as a
representative by a parent/guardian.
b. To an employee or official
of the school or MVSEA or a Member District or State Board
of Education with current demonstrable educational or
administrative interest in the student, in furtherance of
such interest.
c. 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.
d. To any person for the
purpose of research, statistical reporting or planning,
provided that no student or parent 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.
e. Pursuant to a court order,
provided that the parent(s)/guardian(s) 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.
f. To any person as
specifically required by state or federal law.
g. 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 the court. For purposes of this Section “juvenile
authorities” means:
(1) a
judge of the circuit court and members of the staff of the
court designated by the judge;
(2)
parties to the proceedings under the Juvenile Court Act of
1987 and their attorneys;
(3)
probation officers and court-appointed advocates for the
juvenile authorized by the judge hearing the case;
(4) any
individual, public or private agency having custody of the
child pursuant to court order;
(5) 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;
(6) any
potential placement provider when such release is authorized
by the court for the limited purpose of determining the
appropriateness of the potential placement;
(7) law
enforcement officers and prosecutors;
(8)
adult and juvenile prisoner review boards;
(9)
authorized military personnel; or
(10)
individuals authorized by court.
h. 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.
i. To any person, with
the prior specific-dated written consent of the parent(s)/guardian(s)
designating the person to whom the records may be released,
provided that at the time any such consent is requested or
obtained, the parent(s)/guardian(s) shall be advised in
writing that he/she/they has the right to inspect and copy
such records, to challenge their contents and to limit any
such consent to designated records or designated portions of
the information contained therein, as provided by law and as
described herein.
E. Transfer of Records
MVSEA and its Member
Districts shall forward within 10 days receipt of notice of
the student’s transfer to any other private or public
elementary or secondary school located in this or any other
state, a copy of the student’s unofficial record of the
student’s grades to the school to which the student is
transferring. MVSEA and its Member Districts at the same
time shall forward to the school to which the student is
transferring the remainder of the student’s school student
record and a Certification of Good Standing form. “In good
standing” means that the student’s medical records are
up-to-date and complete and the student is not being
disciplined by a suspension or expulsion.
1. Prior written notice must be provided to the
parent(s)/guardian(s) regarding the nature and substance of
the information being released/transferred. Prior written
parental/ guardian consent is required to transfer the
student’s school student record to the receiving public
school district to the extent that such school student
records contain mental health and/or developmental
disabilities information protected by the Illinois Mental
Health and Developmental Disabilities Confidentiality Act.
2. MVSEA and its Member Districts shall send to the
parent(s)/guardian(s) and the student at age of majority,
notice that the record is being forwarded to the new school
district. The notice shall advise the parent(s)/guardian(s)
and the student at the age of majority, of their right to
inspect the record being transferred.
3. MVSEA and its Member Districts shall maintain a copy
of the transferring student’s temporary record for a period
of not less than 5 years. The transferring student’s
temporary record will be destroyed not later than July 1 of
the fifth year after the student’s transfer, permanent
withdrawal from educational services, or graduation. MVSEA
and its Member Districts shall maintain for 60 years the
student’s permanent record.
4. Upon transfer, permanent withdrawal from educational
services, or graduation, psychological evaluations, special
education files and other information contained in the
student temporary records which may be of continued
assistance to the student may, after 5 years, be transferred
to the custody of the parent(s)/guardian(s) or to the
student if the student has succeeded to the rights of the
parent(s)/guardian(s). MVSEA and its Member Districts shall
explain to the student and the parent(s)/guardian(s) the
future usefulness of these records.
F. Amendment of School Student Records
1. A parent(s)/guardian(s)
who believes that information in the student school record
is inaccurate or misleading or violates the privacy or other
rights of the student exclusive of grades of the student and
references to expulsions or out-of-school suspensions, may
if the challenge is made at the time the student’s records
are forwarded to another school which the student is
transferring, challenge the specific entry in question.
2. The request for a hearing must be submitted in writing and
contain notice of the specific entry or entries to be
challenged and the basis of the challenge.
3. The school principal, or principal’s designee, upon receiving a
written request from a parent(s)/guardian(s) shall hold an
informal conference with the parent(s)/guardian(s) within
fifteen (15) school days from the date of receipt of the
request. The school principal, or principal’s designee, will
amend or delete information determined to be inaccurate,
irrelevant or improper. The school principal, or principal’s
designee, refuses to amend the information, he/she shall
inform the parent(s)/guardian(s) of the refusal and advise
the parent(s)/guardian(s) of his/her right to proceed to
hearing.
4. If the dispute is not resolved by the informal conference,
formal procedures shall be initiated:
a. A hearing officer, who shall not be
employed in the attendance center where the student is
enrolled, shall be appointed by the school district.
b. The hearing officer shall conduct a
hearing within a reasonable time, but no later than fifteen
(15) school days after the informal conference, unless the
parent(s)/ guardian(s) and school officials agree upon an
extension of time. The hearing officer shall notify the
parent(s)/guardian(s) and the school officials of the time
and place of the hearing.
c. A verbatim record of the hearing shall
be made by a tape recorder or a court reporter.
5. The written decision of the hearing officer shall, no later than
10 days after the conclusion of the hearing, be transmitted
to the parent(s)/ guardian(s) and MVSEA and its Member
Districts. It shall be based solely on the information
presented at the hearing and shall be one of the following:
a. To retain the challenged contents of the
student record;
b. To remove the challenged contents of the
student record; or
c. To change, clarify or add to the
challenged contents of the student record.
6. Any party shall have the right to appeal the decision of the
local hearing officer to the Regional Superintendent within
twenty (20) school days after such decision is transmitted.
If the parent(s)/guardian(s) appeals, the parent(s)/guardian(s)
shall so inform the school and within ten (10) school days,
MVSEA or its Member Districts shall forward a transcript of
the hearing, a copy of the record entry in question and any
other pertinent materials to the Regional Superintendent.
MVSEA or its Member Districts may initiate an appeal by the
same procedures. Upon receipt of such documents, the
Regional Superintendent shall examine the documents and
record to determine whether MVSEA or its Member Districts
proposed action in regard to the student's record is in
compliance with the Illinois School Student Records Act,
make findings and issue a written decision to the parent(s)/guardian(s)
and the school within twenty (20) school days of the receipt
of the appeal documents. If the subject of the appeal
involves the accuracy, relevance, or propriety of any entry
in special education records, the Regional Superintendent
should seek advice from special education personnel:
a. Who were not authors of the entry; and
b. Whose special education skills are
relevant to the subject(s) of the entry in question.
7. MVSEA or its Member Districts shall implement the decision of
the Regional Superintendent.
8. If, as a result of the hearing, it is determined that the
information is inaccurate, misleading or otherwise in
violation of the privacy or other rights of the student,
MVSEA or its Member Districts shall amend the information
and inform the parent(s)/guardian(s) in writing.
9. If, as a result of the hearing, it is determined that the
information is not inaccurate, misleading or otherwise in
violation of the privacy or other rights of the student,
MVSEA or its Member Districts shall amend the information
and inform the parent(s)/guardian(s) of his/her right to
place in the record a statement commenting on the
information or setting forth any reasons for disagreeing
with the decision of MVSEA or its Member Districts.
10. MVSEA or its Member Districts shall ensure that a statement
placed in an education record as described above:
a. Is maintained by MVSEA or its Member
Districts as part of the record of the student as long as
the record or contested portion is maintained by MVSEA or
its Member Districts; and
b. Is disclosed by MVSEA or its Member
Districts to any party to whom the records of the student
are disclosed.
G. Retention and Destruction of Records
1. MVSEA and its Member
Districts shall maintain two types of school student
records: permanent and temporary
a. The permanent Record" shall include:
(1) Basic
identifying information, including the student’s and
parents' names and address, birth date and place, and
gender;
(2) Academic
transcripts, including grades, class rank, graduation date,
grade level achieved and scores on college entrance
examinations;
(3) Attendance
record;
(4) Accident and
health reports;
(5) Information
pertaining to the release of this record;
(6) Honors and
awards received; and
(7)
School-sponsored activities or athletics.
b. No other information shall be placed in
the student permanent record. The permanent record shall be
maintained for at least 60 years after
the student has graduated, withdrawn, or transferred.
c. The temporary record may include:
(1) Family background;
(2) Intelligence and
aptitude scores;
(3) Psychological
reports;
(4) Achievement test
results, including scores on Illinois Standards Achievement
Test
(5) Participation in
extracurricular activities;
(6) Honors and awards;
(7) Teacher anecdotal
records;
(8) Disciplinary
information, specifically including information regarding an
expulsion, suspension, or other punishment for misconduct
involving drugs, weapons, or bodily harm to another;
(9) Special education
files;
(10) Verified reports or
information from non-educational persons, agencies or
organizations;
(11) Other verified
information of clear relevance to the education of the
student;
(12) Information
pertaining to releases of the record.
d. Information in the temporary record will
indicate authorship and date.
e. MVSEA and its Member Districts will
maintain the student’s temporary record for at least 5 years
after the student transfers, graduates, or permanently
withdraws.
3. MVSEA and its Member Districts’ destruction of school student
records shall be pursuant to prior notice to the parent(s)/guardian(s)
and in accordance with federal and state law, including the
Local Records Act.
LEGAL REF.:
20 U.S.C. 1232g (Family Educational Rights and Privacy Act),
20 U.S.C. 1412 (State eligibility) 1413 (local educational
agency eligibility).
34 C.F.R. 300.127, 300.560-576, 300.740, Part 99 105 ILCS
10/1 et seq.; 740 ILCS 110/1 et seq.; 50 ILCS 205/1 et seq.;
23 Ill. Admin. Code Subpart K and 226.50 (requirements for
FAPE), 226.75 (definitions), 226.220 (factors in the
development of the IEP), 226.740 (records; confidentiality).
23 Ill. Admin. Code Part 375 (student records).
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