Law / United States / 
Illinois
Illinois School Student Records Act: limits on releasing school student records and the remedies for violations
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Disclosure, Consent, Governance
What it requires
- If you are a public school, do not release, transfer, disclose or otherwise disseminate school student records or the information in them except as section 6(a) lists, including to a person the parent has designated in prior specific dated written consent that advised the parent of the right to inspect, copy, and challenge the records (105 ILCS 10/6(a)).
- Make and keep, as part of the school student record, a record of each release stating the nature and substance of the information released, the name and signature of the official records custodian, the requester, capacity and purpose, the date, and a copy of any consent (105 ILCS 10/6(c)).
- If you receive school student records under section 6, other than as the student, a parent or, if applicable, the Department's Office of Education and Transition Services, do not permit any other person to have access to the information without the parent's prior consent obtained as section 6(a)(8) requires (105 ILCS 10/6(d)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Wilful failure to comply with any section of the Act is a petty offense; a person who wilfully and maliciously falsifies a school student record is guilty of a Class A misdemeanor (105 ILCS 10/9(e)).
Who enforces it
Enforcement body
The State Board of Education or the State's Attorney may bring an action for injunctive relief; a person aggrieved or injured may sue in the Circuit Court (105 ILCS 10/9).
What this law does
The Illinois School Student Records Act covers a public preschool, early care and education center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility, or other elementary or secondary educational agency or institution, and does not include a private or non-public school.
Section 6 provides that no school student records or information in them may be released, transferred, disclosed or otherwise disseminated except as section 6(a) lists. One listed exception is release to any person with the prior specific dated written consent of the parent designating the person to whom the records may be released.
A release under a court order requires prompt written notice to the parent, and a release to another school in which the student enrolls or as State or federal law requires needs prior written notice to the parent with an opportunity to inspect, copy, and challenge the records. A record of each release must be made and kept as part of the school student record, available only to the parent and the official records custodian.
No person to whom information is released under section 6, other than the student and his or her parents or, if applicable, the Department's Office of Education and Transition Services, may permit any other person to have access to it without the parent's prior consent obtained as section 6(a)(8) requires. Any person injured by a wilful or negligent violation of the Act may bring an action for damages in the Circuit Court.
Any person aggrieved by a violation may also sue for injunctive relief, and the State Board of Education or the State's Attorney may bring an action for injunctive relief to secure compliance. A person or school found to have wilfully or negligently violated the Act is liable to the plaintiff for the plaintiff's damages, the costs of the action, and reasonable attorneys' fees. Wilful failure to comply with any section of the Act is a petty offense.
Public Act 104-356, effective , added to section 6(a) a release to the Department of Human Services for the sole purpose of assessing or evaluating a student's eligibility for Medicaid waiver benefits. The same Act added to the student permanent record a summary of performance for students who received special education services, to be kept confidential and disclosed only under paragraph (1) or (14) of section 6(a).
When LexLint raises it
When your app profile says your app serves K-12 schools.
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