Kendall County Special Education Cooperative Logo Kendall County Special Education Cooperative

Lynda Shanks

Director

Amy Lee

Assistant Director
(630) 553-5833  |  Fax: (630) 553-5872

512 Confidentiality of Personally Identifiable Information

A. Confidentiality

  1. The school student records of a child with disabilities shall be maintained
    confidentially in accordance with the requirements of the Individuals with
    Disabilities Education Act, the Family Educational Rights and Privacy Act, the
    lllinois School Student Records Act, the lllinois School Code, the lllinois Mental
    Health and Developmental Disabilities Confidentiality Act, and their respective
    implementing regulations.
  2. The School District shall designate a Records Custodian to take all reasonable
    measures to comply with the confidentiality requirements of each of the above
    statutes.
  3. The Records Custodian shall assume responsibility for the following:
    1. Respond to any request for inspection and review of school student
      records, including a request for a copy of school student records;
    2. Respond to any request for an explanation or interpretation of a school
      student record;
    3. Respond to any request to amend or destroy a school student record;
    4. Respond to any request to disclose or release personally identifiable
      information and/or school student records;
    5. Keep a record of parties obtaining access to school student records
      including the name of the party, the date access took place, and the
      purpose of the authorized use;
    6. Maintain, for public inspection, a current listing of the names and positions
      of the employees who may have access to personally identifiable
      information;
    7. Provide upon request from the parent(s) or the child at the age of majority,
      a list of the types and locations of school student records collected,
      maintained, or used by the School District;
    8. 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 receives training or instruction regarding the policies
    and procedures governing confidentiality of personally identifiable
    information.
  5. The School District will notify the parent(s) or the child with disabilities at the
    age of majority of the right to access the school student records, to request
    amendments and to request a records hearing:

     

    1. The school will notify annually the child and the student’s parent(s) if the
      child is under the age of majority, of their rights under the 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 school student records;

      (2) The right to inspect and copy permanent and temporary school
      student records and the cost of copying such records;

      (3) The right to control access to 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 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 informed written 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;

      (7) The categories of information the school has designated as “directory
      information” and the right of the parent(s) to prohibit the release of
      such information.

    2. Notice will be delivered by the means most likely to reach the parent(s) or
      the child at the age of majority, including direct mail, parent-teacher
      conferences, delivery by the child to the parent, or incorporated in a
      “parent-student” handbook or other informational brochure for children
      and parents disseminated by the school.

B. Type of Records Subject to Disclosure

  1. School student records available for review by parent(s) or authorized persons are those writings or other recorded information concerning a child and by which a child 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 the School District or other person at the direction of the School District 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 of 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. The School District shall permit parents and any other authorized persons the
    opportunity 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 student records to a parent(s) or authorized
    representative within 15 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 a
    copy of the school student record if he/she determines that the parent(s) will
    be effectively prevented from exercising hislher right to inspect and review
    school student records at the location where such records are normally
    maintained (or at any other location where the School District offers to
    produce such records). The School District may charge a reasonable fee for
    copies of records. The School District shall not charge a fee when the Records
    Custodian determines that, a parent(s) is unable to bear the cost of such
    copying.

D. Release of Personally Identifiable Information

  1. The School District shall obtain informed written parental consent or informed
    written consent from the child at age of majority before permitting personally
    identifiable information to be released or used except as otherwise authorized
    by law.
  2. The School District may not release, transfer, disclose or otherwise disseminate
    information maintained in the school student record, except as follows and as
    provided by law:

     

    1. To a parent(s) or child or person specifically designated as a representative
      by a parent, or;
    2. To an employee or official of the school or School District or ISBE 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
      child 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 no child or parent(s) 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.
    5. Pursuant to a court order, provided that the parent(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.
    6. To any person as specifically required by State or federal law.
    7. To juvenile authorities when necessary for the discharge of their official
      duties who request information prior to adjudication of the child 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, a juvenile authority 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.

    8. Subject to regulations of ISBE, in connection with an emergency, to
      appropriate persons if the knowledge of such information is necessary to
      protect the health or safety of the child or other persons.
    9. To any person, with the prior specific-dated informed written consent of
      the parent(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) shall be advised in writing that he 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.

Transfer of Records

  1. The School District shall forward, within 10 days of 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 child is transferring.
    The School District at the same time shall forward to the school to which the
    child 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 child is not
    currently subject to suspension or expulsion.

     

    1. Written notice as required by State and federal law must be provided to
      the parent(s) regarding the nature and substance of the information being
      releasedltransferred.

F. Amendment of School Student Records

  1. A parent(s) who believes that information in the school student records is
    inaccurate or misleading or violates the privacy or other rights of the student,
    exclusive of grades of the child 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 into which the child 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 root of the challenge.
  3. The school principal, or principal’s designee, upon receiving a written request
    from a parent(s), shall hold an informal conference with the parent(s) within
    15 school days from the date of receipt of the request. The school principal, or
    principal’s designee, will amend or delete information helshe determines to be
    inaccurate, irrelevant or improper. If the school principal, or principal’s
    designee, refuses to amend the information, he or she shall inform the
    parent@) of the refusal and advise the parent(s) of his/her right to proceed with a hearing.
  4. If the dispute is not resolved by the informal conference, formal procedures
    shall be initiated:

     

    1. A hearing officer, who shall not be employed in the attendance center
      where the child is enrolled, shall be appointed by the School District.
    2. The hearing officer shall conduct a hearing within a reasonable time, but
      no later than 15 days after the informal conference, unless the parent(s)
      and school officials agree upon an extension of time. The hearing officer
      shall notify the parent(s) and the school officials of the time and place of
      the hearing.
    3. 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) and the School
    District. It shall be based solely on the information presented at the hearing
    and shall be one of the following:

     

    1. a. To retain the challenged contents of the student record;
    2. To remove the challenged contents of the student record; or
    3. 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 20 school days after such decision is
    transmitted. If the parent(s) appeals, the parent(s) shall so inform the school
    and within 10 school days, the School District shall forward a transcript of the
    hearing, a copy of the record entry in question and any other pertinent
    materials to the Regional Superintendent. The School District may initiate an
    appeal by the same procedures. Upon receipt of such documents, the Regional
    Superintendent shall examine the documents and records to determine
    whether the School District’s 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) and the School District within 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:

     

    1. Who were not authors of the entry; and
    2. Whose special education skills are relevant to the subject(s) of the entry in
      question.
  7. The School District 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, the School District shall amend the information and inform the
    parent(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, the School District shall inform the parent(s) of hislher right to
    place in the record a statement commenting on the information or setting
    forth any reasons for disagreeing with the decision of the School District.
  10. the School District shall ensure that a statement placed in an education record
    as described above:

     

    1. Is maintained by the School District as part of the record of the child as
      long as the record or contested portion is maintained by the School
      District; and
    2. Is disclosed by the School District to any party to whom the records of the
      child are disclosed.

G. Retention and Destruction of Records

  1. The School District maintains two types of school student records: permanent
    and temporary.

     

    1. The permanent record shall include:(1) Basic identifying information;

      (2) Academic transcripts;

      (3) Attendance record;

      (4) Accident and health reports;

      (5) Scores received on the Prairie State Achievement Examination; and

      (6) lnformation pertaining to release of this record.

    2. The permanent record may also include:(1) Honors and awards; and

      (2) School-sponsored activities and athletics.

    3. No other information shall be placed in the permanent record. The
      permanent record shall be maintained for at least 60 years after the child
      graduated, withdrew, or transferred.
    4. d. The temporary record shall include:(1) Disciplinary information, specifically including information regarding an
      expulsion, suspension, or other punishment for misconduct involving
      drugs, weapons, or bodily harm to another;

       

      (2) Achievement test results, including scores on the Illinois Standards
      Achievement Test;

      (3) Any DCFS final reports finding that a student is an indicated victim of
      physical or sexual abuse; and

      (4) lnformation pertaining to release of this record.

    5. The temporary record may include:(1) Family background;

      (2) Intelligence and aptitude scores;

      (3) Psychological reports;

      (4) Participation in extracurricular activities;

      (5) Honors and awards;

      (6) Teacher anecdotal records;

      (7) Special education files;

      (8) Verified reports or information from non-educational persons, agencies or organizations; and

      (9) Other verified information of clear relevance to the student’s education

    6. lnformation in the temporary record will indicate authorship and date.
    7. The School District will maintain the student’s temporary record for at
      least 5 years after the child transfers, graduates, or permanently withdraws.
  2. The School District’s destruction of school student records, shall be pursuant to
    prior notice to the parents 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.

34 C.F.R. Part 99.

105 ILCS 1011 et seq.; 740 ILCS 110/1 et seq.; 50 ILCS 20511 et seq.

23 111. Admin. Code Subpart K and §§ 226.50 (requirements for
FAPE), 226.75 (definitions), 226.220 (factors in development of
the IEP), 226.740 (records; confidentiality).

23 111. Admin. Code Part 375 (student records).