Chapter 11 - Student Records & Privacy

Surveys 

All surveys requesting personal information from students, as well as any other instrument used to collect personal information from students, must advance or relate to the District’s educational objectives, or assist students’ career choices. This applies to all surveys, regardless of whether the student answering the questions can be identified or who created the survey.

Surveys by Third Parties

Before a school official or staff member administers or distributes a survey or evaluation created by a third party to a student, the student’s parent/guardian may inspect the survey or evaluation, upon their request and within a reasonable time of their request. This applies to every survey: (1) that is created by a person or entity other than a District official, staff member, or student, (2) regardless of whether the student answering the questions can be identified, and (3) regardless of the subject matter of the questions.

Parents who object to disclosure of information concerning their child to a third party may do so in writing to the building principal.

Surveys Requesting Personal Information

School officials and staff members will not request, nor disclose, the identity of any student who completes any survey or evaluation (created by any person or entity, including the school or District) containing one or more of the following items:

1. Political affiliations or beliefs of the student or the student’s parent/guardian.
2. Mental or psychological problems of the student or the student’s family.
3. Behavior or attitudes about sex.
4. Illegal, anti-social, self-incriminating, or demeaning behavior.
5. Critical appraisals of other individuals with whom students have close family relationships.
6. Legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers.
7. Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian.
8. Income other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.

The student’s parent/guardian may: (1) inspect the survey or evaluation upon and within a reasonable time of their request, and/or (2) refuse to allow their child to participate in the survey. The school will not penalize any student whose parent/guardian exercised this option.

A student’s parent/guardian may inspect, upon their request, any instructional material used as part of their child’s educational curriculum within a reasonable time of their request.

The term “instructional material” means instructional content that is provided to a student, regardless of its format, printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

No school official or staff member may market or sell personal information concerning students (or otherwise provide that information to others for that purpose). The term personal information means individually identifiable information including: (1) a student or parent’s first and last name, (2) a home or other physical address (including street name and the name of the city or town), (3) a telephone number, (4) a Social Security identification number or (5) driver’s license number or State identification card. 

Unless otherwise prohibited by law, the above paragraph does not apply: (1) if the student’s parent/guardian have consented; or (2) to the collection, disclosure or, use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions, such as the following:

1. College or other postsecondary education recruitment, or military recruitment.
2. Book clubs, magazines, and programs providing access to low-cost literary products.
3. Curriculum and instructional materials used by elementary schools and secondary schools.
4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
5. The sale by students of products or services to raise funds for school-related or education-related activities.
6. Student recognition programs.

Under no circumstances may a school official or staff member provide a student’s personal information to a business organization or financial institution that issues credit or debit cards.

A parent/guardian who desires to opt their child out of participation in activities provided herein or who desires a copy or access to a survey or any other material described herein may contact the Building Principal.

A complete copy of the District’s Student and Family Privacy Rights policy may be obtained from the Superintendent’s office or accessed on the District’s website.

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 (including electronic recordings made on school buses) that are created in part for law enforcement, security, or safety reasons or purposes though such electronic recordings may become a student record if the content is used for disciplinary or special education purposes regarding a particular student.

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: 

• The right to inspect and copy the student’s education records within 10 business 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. A parent/guardian or student should submit to the building principal a written request that identifies the record(s) he or she wishes to inspect. Within 10 business days, the building principal will make arrangements for access and notify the parent/guardian or student of the time and place where the records may be inspected. In certain circumstances, the District may request an additional 5 business days in which to grant access. 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 the student.
     
• The right to request the amendment of the student's education records that the parent/guardian or eligible student believes are inaccurate, irrelevant, or improper.
  • A parent/guardian or eligible student may ask the District to amend a record that is believed to be inaccurate, irrelevant, or improper. Requests should be sent to the building principal and should clearly identify the record the parent/guardian or eligible student wants changed and the specific reason a change is being sought.
  • If the District decides not to amend the record, the District will notify the parent/guardian 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/guardian or eligible student when notified of the right to a hearing.
     
• 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/guardian 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. 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 or eligible student will receive prior written notice of the nature and substance of the information, and an opportunity to inspect, copy, and challenge such records.
  • Academic grades and references to expulsions or out-of-school suspensions cannot be challenged at the time a student’s records are being forwarded to another school to which the student is transferring. 
  • Disclosure is also permitted without consent to: any person for research, statistical reporting or planning, provided that no student or parent/guardian 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;  to the Ill. Department of Human Services (DHS) for the sole purpose of assessing or evaluating the student’s eligibility for Medicaid waiver benefits consistent with the rules adopted by the DHS; and juvenile authorities when necessary for the discharge of their official duties who request information before adjudication of the student.
• 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 five (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 five (5) years, be transferred to the parent/guardian or to the student, if the student has succeeded to the rights of the parent/guardian. Student temporary records are reviewed every four (4) years or upon a student’s change in attendance centers, whichever occurs first.
     
• The right to prohibit the release of directory information. Throughout the school year, the District may release directory information regarding students, limited to:
  • Name
  • Address
  • Grade level
  • Birth date 
  • Parent/guardian 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.
     
• 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.
   
• 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:
    • U.S. Department of Education
    • Student Privacy Policy Office
    • 400 Maryland Avenue, SW
    • Washington DC  20202-8520