WINDSOR CUSD #1                                                                                                             7:340

 

Student Records [1]

School student records are confidential. Information from them shall not be released other than as provided by law. [2] A school student record is any writing or other recorded information concerning a student and by which a student may be identified individually that is maintained by a school or at its direction by a school employee, regardless of how or where the information is stored, except as provided in State or federal law as summarized below: [3]

1.       Records kept in a staff member’s sole possession.

2.       Records maintained by law enforcement officers working in the school.

3.       Video and other electronic recordings (including without limitation, electronic recordings made on school buses[4]) that are created in part for law enforcement, security, or safety reasons or purposes. 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.

4.       Any information, either written or oral, received from law enforcement officials concerning a student less than the age of 17 years who has been arrested or taken into custody. [5]

State and federal law grants students and parents/guardians certain rights, including the right to inspect, copy, and challenge school student records. The information contained in school student records shall be kept current, accurate, clear, and relevant. All information maintained concerning a student receiving special education services shall be directly related to the provision of services to that child. [6] The District may release directory information as permitted by law, but a parent/guardian shall have the right to object to the release of information regarding his or her child. [7] However, 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/guardian. [8]  Upon request, the District discloses school student records without consent to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by State or federal law.

The Superintendent shall fully implement this policy and designate an official records custodian for each school who shall maintain and protect the confidentiality of school student records, inform staff members of this policy, and inform students and their parents/guardians of their rights regarding school student records. [9]

Student Biometric Information Collection [10]

The Superintendent or designee may recommend a student biometric information collection system solely for the purposes of identification and fraud prevention. [11] Such recommendation shall be consistent with budget requirements and in compliance with State law. Biometric information means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.

Before collecting student biometric information, the District shall obtain written permission from the person having legal custody/parental responsibility [12] or the student (if over the age of 18). [13] Upon a student’s 18th birthday, the District shall obtain written permission from the student to collect student biometric information. [14] Failure to provide written consent to collect biometric information shall not be the basis for refusal of any services otherwise available to a student.

All collected biometric information shall be stored and transmitted in a manner that protects it from disclosure. Sale, lease, or other disclosure of biometric information to another person or entity is strictly prohibited. [15]

The District will discontinue use of a student’s biometric information and destroy all collected biometric information within 30 days after: (1) the student graduates or withdraws from the School District, or (2) the District receives a written request to discontinue use of biometric information from the person having legal custody/parental responsibility of the student or the student (if over the age of 18). [16] Requests to discontinue using a student’s biometric information shall be forwarded to the Superintendent or designee.

The Superintendent or designee shall develop procedures to implement this policy consistent with State and federal law. [17]

LEGAL REF.:         Chicago Tribune Co. v. Chicago Bd. of Ed., 773 N.E.2d 674 (Ill.App.1, 2002).

Owasso I.S.D. No. I-011 v. Falvo, 122 S.Ct. 934 (2002).

Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99.

Children’s Privacy Protection and Parental Empowerment Act, 325 ILCS 17/.

105 ILCS 5/10-20.21b, 20.37, 20.40, 5/14-1.01 et seq., and 10/.

50 ILCS 205/7.

750 ILCS 5/602.11.

23 Ill.Admin.Code Parts 226 and 375.

CROSS REF.:         5:100 (Staff Development Program), 5:130 (Responsibilities Concerning Internal Information), 7:15 (Student and Family Privacy Rights), 7:220 (Bus Conduct)

ADMIN PROC.:     7:15-E (Notification to Parents of Family Privacy Rights), 7:340-AP1 (School Student Records), 7:340-AP1, E1 (Notice to Parents/Guardians and Students of Their Rights Concerning a Student’s School Records), 7:340-AP1, E3 (Letter to Parents Concerning Military Recruiters and Postsecondary Institutions Receiving Student Directory Information), 7:340-AP2 (Storage and Destruction of School Student Records), 7:340-AP2, E1 (Schedule for Destruction of School Student Records)

 

Exhibit - Notice to Parents/Guardians and Students of Their Rights Concerning a Student’s School Records [18]

Upon the initial enrollment or transfer of a student to the school, the school must notify the student and the student’s parent(s)/guardian(s) of their rights concerning school student records. This notification may be distributed by any means likely to reach parents/guardians.

The contact information for each School’s Official Records Custodian follows:

                                                                                                                                         

                                                                                                                                         

                                                                                                                                         

This notice contains a description of your and your student’s rights concerning school student records.

A school student record is any writing or other recorded information concerning a student and by which a student may be identified individually that is maintained by a school or at its direction or by a school employee, regardless of how or where the information is stored, except for certain records kept in a staff member’s sole possession; records maintained by law enforcement officers working in the school; video and other electronic recordings that are created in part for law enforcement, security, or safety reasons or purposes; and electronic recordings made on school buses. The District maintains two types of school records for each student:  permanent record and temporary record.

The permanent record includes:

1.       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)

2.       Evidence required under the Missing Children’s Records Act (325 ILCS 50/5(b)(1)

3.       Academic transcripts, including grades, class rank, graduation date, grade level achieved, scores on college entrance examinations (except that a parent/guardian or eligible student may request, in writing, the removal from the academic transcript of any score received on college entrance examinations), the unique student identifier assigned and used by the Illinois State Board of Education’s Student Information System; as applicable, designation of the student’s achievement of the State Seal of Biliteracy, awarded in accordance with the School Code Section 5/2-3.157 and as applicable, designation of the student’s achievement of the State Commendation Toward Biliteracy.

4.       Attendance record

5.       Health record defined by the Illinois State Board of Education as “medical documentation necessary for enrollment and proof of dental examinations, as may be required under Section 27-8.1 of the School Code”

6.       Record of release of permanent record information that includes each of the following:

a.       The nature and substance of the information released

b.       The name and signature of the official records custodian releasing such information

c.       The name and capacity of the requesting person and the purpose for the request

d.       The date of release

e.       A copy of any consent to a release

7.       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)

The permanent record may include:

1.       Honors and awards received

2.       Information concerning participation in school-sponsored activities or athletics, or offices held in school-sponsored organizations.

All information not required to be kept in the student permanent record is kept in the student temporary record and must include:

1.       Record of release of temporary record information that includes the same information as listed above for the record of release of permanent  records

2.       Scores received on the State assessment tests administered in the elementary grade levels (that is, kindergarten through grade 8)

3.       Completed home language survey

4.       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

5.       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 shall be placed in the student record

6.       Health-related information, defined by the Illinois State Board of Education as “current documentation of a student's health information, not otherwise governed by the Mental Health and Developmental Disabilities Confidentiality Act 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, 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”

7.       Accident report, defined by the Illinois State Board of Education 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 whether the school nurse has referred the student for a medical evaluation, regardless of whether the parent, guardian or student (if 18 years or older) or an unaccompanied homeless youth … has followed through on that request.”

8.       Any documentation of a student’s transfer, including records indicating the school or school district to which the student transferred

9.       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

The temporary record may include:

1.       Family background information

2.       Intelligence test scores, group and individual

3.       Aptitude test scores

4.       Reports of psychological evaluations, including information on intelligence, personality and academic information obtained through test administration, observation, or interviews

5.       Elementary and secondary achievement level test results

6.       Participation in extracurricular activities, including any offices held in school-sponsored clubs or organizations

7.       Honors and awards received

8.       Teacher anecdotal records

9.       Other disciplinary information

10.      Special education records

11.      Records associated with plans developed under section 504 of the Rehabilitation Act of 1973

12.      Verified reports or information from non-educational persons, agencies, or organizations of clear relevance to the student’s education

The Family Educational Rights and Privacy Act (FERPA) and the Illinois Student Records Act afford parents/guardians and students over 18 years of age (“eligible students”) certain rights with respect to the student’s school records.  They are:

1.      The right to inspect and copy the student’s education records within 15 school days of the day the District receives a request for access.

The degree of access a student has to his or her records depends on the student’s age.  Students less than 18 years of age have the right to inspect and copy only their permanent record.  Students 18 years of age or older have access and copy rights to both permanent and temporary records.  Parents/guardians or students should submit to the Building Principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect.  The Principal will make arrangements for access and notify the parent(s)/guardian(s) or student of the time and place where the records may be inspected.  The District charges $.35 per page for copying but no one will be denied their right to copies of their records for inability to pay this cost.

These rights are denied to any person against whom an order of protection has been entered concerning a student (105 ILCS 5/10-22.3c and 10/5a, and 750 ILCS 60/214(b)(15).

2.      The right to have one or more scores received on college entrance examinations removed from the student’s academic transcript.

Parents/guardians or eligible students may have one or more scores on college entrance exams deleted from their student’s academic transcript. Students often take college entrance examinations multiple times to improve their results. Test publishers provide the results from each examination taken to the student’s high school. Schools must include each of these scores on the student’s transcript, which may result in the academic transcript having multiple scores from a single college entrance exam. A parent/guardian or eligible student may not want certain scores to be sent to postsecondary institutions to which the student applies. The District will remove scores on college entrance examinations upon the written request of the parent/guardian or eligible student stating the name of each college entrance examination that is the subject of the request and the dates of the scores that are to be removed.

3.      The right to request the amendment of the student’s education records that the parent(s)/ guardian(s) or eligible student believes are inaccurate, irrelevant, or improper.

Parents/guardians or eligible students may ask the District to amend a record that they believe is inaccurate, irrelevant, or improper. They should write the Building Principal or the Official Records Custodian, clearly identify the record they want changed, and specify the reason.

If the District decides not to amend the record as requested by the parents/guardians or eligible student, the District will notify the parents/guardians or eligible student of the decision and advise him or her of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.

4.      The right to permit disclosure of personally identifiable information contained in the student’s education records, except to the extent that the FERPA or Illinois School Student Records Act authorizes disclosure without consent.

Disclosure without consent is permitted to school officials with legitimate educational or administrative interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or any parent(s)/guardian(s) or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. 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.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by State or federal law. Before information is released to these individuals, the parents/guardians will receive prior written notice of the nature and substance of the information, and an opportunity to inspect, copy, and challenge such records.

When a challenge is made at the time the student’s records are being forwarded to another school to which the student is transferring, there is no right to challenge:  (1) academic grades, or (2) references to expulsions or out-of-school suspensions.

Disclosure is also permitted without consent to: any person for research, statistical reporting or planning, provided that no student or parent(s)/guardian(s) can be identified; any person named in a court order; appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons; and juvenile authorities when necessary for the discharge of their official duties who request information before adjudication of the student.

5.      The right to a copy of any school student record proposed to be destroyed or deleted.

The permanent record is maintained for at least 60 years after the student transfers, graduates, or permanently withdraws. The temporary record is maintained for at least 5 years after the student transfers, graduates, or permanently withdraws. Temporary records that may be of assistance to a student with a disability who graduates or permanently withdraws, may, after 5 years, be transferred to the parent(s)/guardian(s) or to the student, if the student has succeeded to the rights of the parent(s)/guardian(s). Student temporary records are reviewed every 4 years or upon a student’s change in attendance centers, whichever occurs first.

6.      The right to prohibit the release of directory information concerning the parent’s/ guardian’s child.

Throughout the school year, the District may release directory information regarding students, limited to:

Name

Address

Gender

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

Any parent/guardian or eligible student may prohibit the release of any or all of the above information by delivering a written objection to the Building Principal within 30 days of the date of this notice.  No directory information will be released within this time period, unless the parents/guardians or eligible student is specifically informed otherwise.

No photograph highlighting individual faces is allowed for commercial purposes, including solicitation, advertising, promotion or fundraising without the prior, specific, dated and written consent of the parent or student, as applicable; and no image on a school security video recording shall be designated as directory information.

7.     The right to request that military recruiters or institutions of higher learning not be granted access to your secondary school student’s name, address, and telephone numbers without your prior written consent.

Federal law requires a secondary school to grant military recruiters and institutions of higher learning, upon their request, access to secondary school students’ names, addresses, and telephone numbers, unless the parents/guardians, or student who is 18 years of age or older,  request that the information not be disclosed without prior written consent.  If you wish to exercise this option, notify the Building Principal where your student is enrolled for further instructions.

8.      The right contained in this statement: No person may condition the granting or withholding of any right, privilege or benefits 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 State law.

9.      The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington DC  20202-4605

7:340-AP1, E2 Exhibit - Using a Photograph or Video Recording of a Student

 

 

 

 

 

 

 

 

 

Distribute to parent(s)/guardian(s) at the time they register a child for school and/or annually at the beginning of the school year.  Return to the Building Principal to be kept in the student’s temporary record.

 

 

 

 

 

 

 

 

 

Student ____________________________________ School year ______________

 

 

 

 

 

 

 

 

 

Pictures of Unnamed Students

 

 

 

 

 

 

 

 

 

Students may occasionally appear in photographs and video recordings taken by school staff members, other students, or other individuals authorized by the Building Principal. The school may use these pictures, without identifying the student, in various publications, including the school yearbook, school newspaper, and school website. No consent or notice is needed or will be given before the school uses pictures of unnamed students taken while they are at school or a school-related activity.

 

 

 

 

 

 

 

 

 

Pictures of Named Students

 

 

 

 

 

 

 

 

 

Sometimes the school may want to identify a student in a school picture.  For example, school officials want to acknowledge those students who participate in a school activity or deserve special recognition.

 

 

 

 

 

 

 

 

 

In order for the school to publish a picture with a student identified by name, one of the student’s parents or guardians must sign the consent below. Please complete and sign this form to allow the school to publish and otherwise use photographs and video recordings, with your child identified, while he or she is enrolled in this school.

 

 

 

 

 

 

 

 

 

I grant consent to the School District to identify a picture of my child, by full name and/or the school he or she attends, in any school sponsored material, publication, video recording, or website.  This consent is valid for the entire time my child is enrolled in the District.  I may revoke this consent at any time by notifying the Building Principal.

 

 

 

___________________________________

 

 

 

 

 

Parent/Guardian

 

 

 

__________________________________________________________

 

 

 

 

 

Parent/Guardian signature                                                             Date

 

 

 

 

 

 

 

 

 

Pictures of Students Taken By Non-School Agencies

 

 

 

 

 

 

 

 

 

While the school limits access to school buildings by outside photographers, it has no control over news media or other entities that may publish a picture of a named or unnamed student.  School staff members will not, however, identify a student for an outside photographer.

 

 

 

 

 

 

 

 

 

Exhibit last updated - May, 2012

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit - Letter to Parents Concerning Military Recruiters and Postsecondary Institutions Receiving Student Directory Information

On District letterhead

Date

Re:       Military Recruiters and Postsecondary Institutions Receiving Student Directory Information

Dear Parents:

From time-to-time, military recruiters and postsecondary educational institutions request the names, telephone numbers, and addresses of our secondary students.  The school must provide this information unless the parent(s)/guardian(s) request that it not be disclosed without their prior written consent.

Important:  If you do not want military recruiters or institutions of higher learning to be given your secondary school student’s name, address, and telephone number, please complete the form below and return it to the Building Principal.

Sincerely,

Superintendent

 

To be submitted to the Building Principal.

Please do not release my child’s name, telephone numbers, and/or address, to:

                         Military Recruiters 

                         Institutions of higher education

 

 

 

Student Name (please print)

 

Student ID Number

 

 

 

Parent/Guardian Name (please print)

 

 

 

 

 

Parent/Guardian Signature

 

Date

 

Exhibit - Frequently Asked Questions Regarding Military Recruiter Access to Students and Student Information [19]

1.      What do the U.S. Patriot Act and No Child Left Behind Act require of schools with regard to allowing military recruiters access to students?

The Patriot Act has nothing to do with the military recruiter access to students or information.  It requires schools to comply with an ex parte order issued in connection with the investigation or prosecution of terrorism.  A court issues an ex parte order without notice to an adverse party. Student records may be disclosed pursuant to such an order without parents’ consent or knowledge.

Two pieces of legislation require schools receiving funds under the Elementary and Secondary Education Act to:  (1) give military recruiters the same access to secondary school students as they provide to postsecondary educational institutions or to prospective employers or an institution of higher education, and (2) provide students’ names, addresses, and telephone listings to military recruiters, when requested.  Those laws are:

·         §9528 of the No Child Left Behind Act of 2001, 20 U.S.C. §7908.

·         10 U.S.C. §503, as amended by the National Defense Authorization Act for Fiscal Year 2002.

2.      What information about students (and which students) must be disclosed to military recruiters by our administration?

Secondary schools must disclose names, addresses, and telephone numbers of secondary students, unless parents/guardians have requested the information not be released.

3.      What notification must schools provide to parents before disclosing students’ names, addresses, and telephone numbers to military recruiters and institutions of higher education?

Under federal and State laws governing student records, schools must provide notice to parents of the types of student information that it releases publicly.  This type of student information, commonly referred to as directory information, includes names, addresses, and telephone numbers.  The notice must include an explanation of a parent’s right to request that the information not be disclosed without prior written consent.  Under the No Child Left Behind Act, schools must notify parents that the school routinely discloses names, addresses, and telephone numbers to military recruiters and institutions of higher education upon request, subject to a parent/guardian’s request not to disclose such information without written consent.

A notice provided through a mailing or student handbook informing parents of the above information is sufficient to satisfy the parental notification requirements.  The notification must advise parents how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so.

If a parent opts out of providing directory information to third parties, the opt-out also applies to requests from military recruiters and institutions of higher education.  For example, if the opt-out states that telephone numbers will not be disclosed to the public, schools may not disclose telephone numbers to military recruiters.

If a school does not release “directory information,” it still must provide students’ names, addresses, and telephone numbers to military recruiters and institutions of higher education upon request.  The school must notify parents that it discloses information to military recruiters and institutions of higher education, noting that parents have the right to opt their children out of this disclosure.

4.      Does recruitment take place in a private office or out in a common area?

Neither federal nor State law addresses where recruitment takes place.  These laws only require that guidelines imposed on military recruiters be the same as those imposed on postsecondary educational institutions recruiters and/or prospective employers.

5.      How frequently are recruiters present?

Neither federal nor State law addresses how often recruiters may have access to students.  These laws only require that guidelines imposed on military recruiters be the same as those imposed on postsecondary educational institutions and prospective employers.

6.      What information does a military recruiter request of students during the interview?

The type of questions military recruiters may ask students is generally not limited.  Of course, students may refuse to cooperate or even refuse to be interviewed.

7.      Can schools supervise recruiters to ensure they do not approach impressionable students too strongly?

Federal law does not grant authority to schools to supervise military recruiting efforts.  The school may, of course, require military and postsecondary recruiters to abide by the District’s policy governing conduct on school property.

8.      What are parents’ rights relative to military recruiters on campus?

Parents may instruct their children to forgo being interviewed by military and/or postsecondary recruiters or prospective employers.

9.      What information do schools provide to families relative to recruiting that goes on at school?

Aside from the notice described in #3, neither federal nor State law addresses what information schools must provide to parents regarding the recruiting that takes place at school – this is a local issue to be determined by the Superintendent or Building Principal.

10.  Where can I get more information on the requirements of 10 U.S.C. §503?

The Office of the Secretary of Defense may be contacted for copies of the statute, or questions relating to it.  Please contact the Accession Policy Directorate as follows:

Director, Accession Policy

4000 Defense Pentagon

Washington, DC 20301-4000

Telephone: 703/695-5529

11.  Where can I get more information on the requirements of §9528 of the ESEA?

The Family Policy Compliance Office (FPCO) in the Department of Education administers FERPA as well as §9528 of the ESEA (20 U.S.C. §7908), as amended by the No Child Left Behind Act of 2001.  School officials with questions on this guidance, or FERPA, may contact the FPCO at FERPA@ED.Gov  or write to the FPCO as follows:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-4605

Telephone: 202/260-3887

Fax: 202/260-9001

www.ed.gov/offices/OM/fpco

 

Exhibit - Biometric Information Collection Authorization

Distribute to legal custodian(s) at the time they register a child for school and to students reaching their 18th birthdays before graduation, marriage or entry into military service. Return to the Building Principal to be kept in the student’s temporary record.

Student Name                                                                                    

The District collects biometric information from its students only for identification and/or fraud prevention purposes. Biometric information includes any information collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition, or iris or retinal scans. The School Code requires written permission from the individual who has legal custody of the student, or from the student if he or she has reached the age of 18, before the District may collect biometric information from students.

When collecting biometric information, the School Code also requires the District to:

1.       Store, transmit, and protect all biometric information from disclosure.

2.       Prohibit the sale, lease, or other disclosure of biometric information to another person or entity unless: (a) prior written permission by you is granted, or (b) the disclosure is required by court order.

3.       Discontinue the use of a student’s biometric information under either of the following conditions:

(a)    Upon the student’s graduation or withdrawal from the school district; or

(b)    Upon receipt in writing of a request for discontinuation by the individual having legal custody of the student or by the student if he or she has reached the age of 18.

4.       Destroy all of a student’s biometric information within 30 days after the occurrence of either conditions 3(a) or 3(b) above.

I consent to the collection of biometric information of the above named student by the School District solely for identification or fraud prevention. I understand that this authorization is valid until I request that the District’s use of the student’s biometric information be discontinued or the student reaches the age of 18, whichever is earlier. I understand that a request for discontinuation of the use of the above named student’s biometric information may be made at any time by notifying the Building Principal in writing.

                                                                                         

Legal Custodian (if student is under age 18) signature

                                                                                                                                         

Student (if age 18 or over) signature                                                           Date

 

Administrative Procedure - Storage and Destruction of School Student Records

This procedure should be used with 7:340-AP1, Administrative Procedure - School Student Records, which is annotated with citations to controlling statutes.

Actor

Action

Superintendent or Designee

Develop and implement a process to systematically digitize or microfilm school student records.

Any public record may be reproduced in a microfilm or digitized electronic format and the paper version destroyed, provided: (a) the records are reproduced on “a durable medium that accurately and legibly reproduces the original record in all details,” and “that does not permit additions, deletions, or changes to the original document images;” and (b) the Local Records Commission is notified when the original record is disposed of and also when the reproduced record is disposed of. Local Records Act, 50 ILCS 205/7.

Use this web link to the Illinois Secretary State’s publication, Guidelines for Using Electronic Records.

Develop and implement a uniform process for storing school student records to ensure that:

1.     Each student’s permanent record will be kept for 60 years after the student transfers, withdraws, or graduates.

2.     Each student’s temporary record will be kept for 5 years after the student transfers, withdraws, or graduates.

Submit to the Local Records Commission a schedule for continuing authority to destroy school student records after the expiration of the applicable period.

Official Records Custodian for each School (usually the Building Principal)

 

Send any material for a student transferring into the District that is neither a permanent or temporary record to the parent/guardian, or student who is 18 years of age or older, with the indication that the District does not include that material in school student records.

Store student school records according to the uniform process developed by the Superintendent or designee.

Transfer school student records as follows:

1.       For a student transferring within the District, send originals of all permanent and temporary records.

2.       For a student transferring to an out-of-District elementary or secondary school, follow the section in 7:340-AP1, Administrative Procedure - School Student Records, on Transmission of Records for Transfer Students. Send a copy and retain the original of all permanent and temporary records and notify the Special Education Department of the transfer.

Provide a destruction schedule notice to the parents/guardians of students who transferred, graduated, or withdrew, or students who are 18 years of age or older. See 7:340-AP2, E1, Exhibit - Letter Containing Schedule for Destruction of School Student Records. Retain a copy for the school’s record.

Authorize and/or order the destruction of District records after ensuring that the following steps have been performed:

1.       The Local Records Commission approved a schedule for continuing authority to destroy school student records after the expiration of the applicable period.

2.       Any record is retained and removed from the disposal list if it is or may be evidence in litigation, or is otherwise subject to a litigation hold.

3.       A Local Records Disposal Certificate was sent to the Local Records Commission, Illinois State Archives, 60 days before the disposal date and an approved copy was returned. Section 4000.40(b) of the rules of the Downstate Local Records Commission and Section 4500.40(b) of the rules of the Cook County Local Records Commission.

Links to Web-based Record Management Resources:

Cook County Local Records Commission Meetings

Cook County Local Records Commission Rules (44 Ill Admin Code Title PART 4500)

Downstate Local Records Commission Meetings

Rules of the Downstate Local Records Commission (44 Ill Admin Code Title PART 4000)

Filmed Records Certification Act (50 ILCS 210)

Filmed Records Destruction Act (50 ILCS 215)

Illinois School Student Records Act (105 ILCS 10)

Local Records Act (50 ILCS ACT 205)

Local Records Disposal Certificate

 

Exhibit - Letter Containing Schedule for Destruction of School Student Records

Store in the school’s or Building Principal’s office.

 

Student’s Name:

 

 

Parent’s Name:

 

 

School:

 

 

This notice contains the destruction schedule for your or your student’s school records as required by rule of the Illinois State Board of Education, Section 375.40(c).

As you or your student is permanently withdrawing, transferring, or graduating from this School District, you are notified of the schedule below for destruction of the school records. This schedule complies with the Illinois School Student Records Act, 105 ILCS 10/4(e) and (f), requirements that (1) temporary records be retained for at least 5 years after a student’s transfer, withdrawal, or graduation, and (2) permanent records be retained for at least 60 years after a student’s transfer, withdrawal, or graduation. The parent(s)/guardian(s), or the student if he or she is at least 18 years of age at the time of the request, may request a copy of a record at any time prior to the date of destruction listed below.

Temporary records will be destroyed no earlier than:

 

 

(Date)

Permanent records will be destroyed no earlier than:

 

 

(Date)

 Mailed or  Hand delivered on this                          day of                                       , 20        , by _______________________________ to the above named parent(s)/guardian(s), or the student if he or she is at least 18 years of age.

Sincerely,

Building Principal

7:340 Student records. Footnote seven is updated to explain a conflict between state and federal law regarding whether gender information may be designated as directory information.  ISBE  rules at  23Ill. Admin Code 375.80 (a) (1) include gender as information that may be as directory information, however  including gender within directory information may violate the federal Family Rights and Information Act (FERPA) . FERPA regulations provide that directory information “means information contained in an educational record of a student that would not generally be considered harmful or if an invasion of privacy if disclosed”. And it “includes, but is not limited to, the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, grade level, enrollment status (e.g. undergraduate or gradate, full-time or part time), dates of attendance, participation in recognized activities and sports, weight and height of members of athletic teams, degrees , honors and awards received and the most recent educational agency or institute attended. 34 C.F.R. 99.3. Through FERPA regulations do not explicitly preclude the designation of gender  as directory information, ED  guidance has consistently advised schools not to disclose a student’s   sex as directory information because it would be considered harmful or an invasion of privacy. Consult the board attorney about the practical implementation of this issue. Some attorneys, for example, believe photos of the “Girl’s Volleyball Team” may contradict ED guidance.

  7:340 AP1, Administrative Procedure – School student records  . The procedure is updated to deleted gender from the list of what constitutes directory information for the reasons disclosed above.

7:340AP1, E1 Exhibit – Notice to Parents / Guardians and students of their rights concerning a  student’s school records. The exhibit is updated to delete gender from the list of what constitutes directory information for the reasons disclosed above.

 

 



[1] State law requires school boards to adopt policy and procedures implementing the Illinois School Student Records Act (ISSRA) and specifying the content of school student records (23 Ill.Admin.Code §§375.100 and 226.740). Both State and federal law address school student records. See the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and the School Student Records Act, 105 ILCS 10/, implemented by ISBE rules at 23 Ill.Admin.Code Part 375. In addition, the U.S. Dept. of Ed.’s Privacy Technical Assistance Center (PTAC), a one-stop resource for education stakeholders to learn about data privacy, confidentiality, and security practices related to student-level longitudinal data systems, has information available at: ptac.ed.gov/. Recently, it published a guide for school officials titled Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices, available at: tech.ed.gov/wp-content/uploads/2014/09/Student-Privacy-and-Online-Educational-Services-February-2014.pdf. School officials interested in cloud computing contracts should contact the board attorney.

Confusion persists regarding the interplay between the FERPA and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Privacy Rule implementing HIPAA, issued by the U.S. Dept. of Health and Human Services, addresses the disclosure of individuals’ health information by covered entities. Generally speaking, a school district becomes a covered entity, and must comply with applicable sections in the Privacy Rule, if it provides health care and transmits health information in electronic form in connection with transactions. However, educational records as defined by FERPA are excluded from HIPAA’s definition of protected health information (45 C.F.R. §164.501). In most cases this exception relieves school districts of complying with burdensome privacy notices and authorization forms. The board attorney should be consulted on all HIPAA-related questions.

[2] A plethora of statutory and decisional law protects student records. Aside from the laws identified in f/n 1, other laws protecting student records include:

1.     Schools may not provide a student’s personal information to a business organization or financial institution that issues credit or debit cards (105 ILCS 5/10-20.37).

2.     Schools may not sell personal information concerning a child under the age of 16, with a few exceptions, unless a parent has consented (Children’s Privacy Protection and Parental Empowerment Act, 325 ILCS 17/).

3.     The release of confidential information given by a student to a therapist, e.g., school counselor or psychologist, is governed by the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/).

4.     Schools must keep a sex offender registration form received from law enforcement separately from school student records maintained on behalf of the juvenile sex offender (730 ILCS 152/121).

5.     Schools may not provide a parent/guardian who is not allocated parenting time (formerly visitation) access to his or her child’s school records, unless a court finds that it is in the child’s best interests to provide those records to the parent (The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.11, amended by P.A. 99-90, eff. 1/1/16). 

Allowing students to grade each other’s papers does not violate FERPA; such student work is not a school record until it is recorded by the teacher. Owasso I.S.D. No. I-011 v. Falvo, 122 S.Ct. 934 (2002). School student records are per se prohibited from disclosure; a district is under no obligation to redact them. Chicago Tribune Co. v. Chicago Bd. of Ed., 773 N.E.2d 674 (Ill.App.1, 2002).

[3] 20 U.S.C. §1232g(a)(4)(A); 34 C.F.R. §99.3; 105 ILCS 10/2(d); 705 ILCS 405/1-7 and 5-905; 23 Ill.Admin.Code §375.10. Rather than listing the exceptions in the policy, a school board may choose to end the sentence after the proviso “except as provided in State or federal law.”

[4] For an explanation, see footnotes in 7:220, Bus Conduct.

[5] Many lawyers believe that once these records are received by a school, they are protected as education records under the federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. Consult the board attorney for advice.

[6] 23 Ill.Admin.Code §226.740.

[7] This sentence is required if the board allows schools to release student directory information (20 U.S.C. §1232g; 23 Ill.Admin.Code §375.80; 34 C.F.R. §99.6(a)(4). There is at least one instance in Illinois in which parents were upset that their school district released students’ names and addresses pursuant to a Freedom of Information Act (FOIA) request. FOIA contains an exemption for home addresses. Many lawyers, however, say that a district must release student information pursuant to a FOIA request when each of the following has occurred: the FOIA request seeks information that is included in the district’s definition of student directory information, the district notified parents that it releases directory information, and the parents did not opt out of allowing directory information to be released concerning their child. An opinion from the Ill. Public Access Counselor supports that a district may not rely on the FOIA exemption for home addresses (PAO 12-3). The PRESS policy does not identify the components of directory information, leaving that task to implementing material. Boards may want to discuss this quagmire with the superintendent knowing that there are good reasons to release directory information (e.g., to allow the district to publish information about specific students) and good reasons to not release directory information (e.g., to avoid releasing names and addresses pursuant to a FOIA request).

[8] 20 U.S.C. §1232(g)(j), as added by the Sec. 507 of the U.S.A. Patriot Act of 2001.

[9] Each school must have an official records custodian (105 ILCS 10/4(a). Districts must notify students and parents/guardians of their rights concerning school student records (105 ILCS 10/3; 23 Ill.Admin.Code §375.30; 34 C.F.R. §99.7). Comprehensive faculty and student handbooks can provide required notices, along with other important information, to recipients. Handbooks can be developed by the building principal, but should be reviewed and approved by the superintendent and board. See exhibit 7:340-AP1, E1, Notice to Parents/Guardians and Students of Their Rights Concerning a Student’s School Records, and administrative procedure 7:340-AP1, School Student Records.

[10] This program is optional; however, districts either wishing to implement such a program or districts that have already engaged in the collection of student biometric information must have a policy consistent with the requirements of 105 ILCS 5/10-20.40 et seq. This section restates the School Code’s requirements for a student biometric information policy.

[11] For districts already collecting biometric information the following is an alternative:

The Superintendent or designee shall maintain a biometric screening program that is consistent with budget requirements and in compliance with State law.

[12] Several statutes define legal custody and when a court may grant it; the term requires statutory construction/interpretation and school boards should discuss this issue with their attorney prior to adopting a policy on collection of student biometric information.

105 ILCS 5/10-20.40(b)(1) states the definition of legal custody is the same as the definition of legal custody for purposes of residency, payment of tuition, hearings, and criminal penalties at 105 ILCS 5/10-20.12b(2)(i)-(v).

The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/, amended by P.A. 99-90, eff. 1/1/16, changed the terms custody and visitation to parental responsibility and parenting time, respectively. P.A. 99-90 also requires a parenting plan that allocates (1) significant decision-making responsibilities, and (2) each parent’s right to access his or her child’s school records. The new law does not amend ISSRA or the School Code. Consult the board attorney about whether the Illinois Marriage and Dissolution of Marriage Act’s provisions change a noncustodial parent’s ability to access a student’s records.

[13] Based upon 105 ILCS 5/10-20.40, written permission is not required annually; it is valid until a request for discontinuation of the use of biometric information is received or until the student reaches the age of 18. See 7:340-AP1, E5, Biometric Information Collection Authorization.

[14] Districts must reissue 7:340-AP1, E5, Biometric Information Collection Authorization to students turning 18 years of age during the school year. This is because all rights and privileges accorded to a parent under the Ill. School Student Records Act become exclusively those of the student upon his or her 18th birthday, graduation from secondary school, marriage, or entry into military service, whichever comes first. 105 ILCS 10/2(g).

[15] State law contains two exceptions: (1) the individual who has legal custody/parental responsibility of the student or the student (if over the age of 18) consents to the disclosure, and (2) the disclosure is required by court order. 105 ILCS 10-20.40(b)(5); 750 ILCS 5/602.11, amended by P.A. 99-90, eff. 1/1/16.

[16] 105 ILCS 5/10-20.40(d). No notification to or approval from the district’s local records commission, pursuant to the Local Records Act, is required to destroy student biometric information. See f/n 12 for a discussion about the terms custody and parental responsibility.

[17] Whether the student biometric information is an education record under the FERPA, 20 U.S.C. §1232g, or falls under an exception to an education record under FERPA is an issue about which school boards should consult their board attorney. Protected Health Information under the U.S. Department of Health and Human Service’s interpretations of the HIPAA excludes education records covered by FERPA, and thus HIPAA requirements are not expected to be triggered by districts collecting student biometric information. However, before implementing policies and procedures to collect student biometric information, a board should discuss these issues with the board attorney.

[18] This notification is based on the Model Notification published by the U.S. Department of Education. Changes were made to comply with the Ill. School Student Records Act, 105 ILCS 10/ and the ISBE rule mandating this notification (23 Ill.Admin.Code §375.30(d). To obtain the legal citations for this exhibit’s provisions, see 7:340-AP1, Administrative Procedure - School Student Records, which is annotated with citations to controlling rules and statutes.

Customize this notice to reflect the district’s practice, particularly to specify the district’s treatment of records that the law (1) permits to be kept as either permanent records or temporary records, and (2) allows to be kept as directory information.

[19] This document answers many questions concerning the topic for school staff members and may be distributed at will.