Illinois Compiled Statutes
Chapter 105 - SCHOOLS
105 ILCS 10/ - Illinois School Student Records Act.

(105 ILCS 10/1) (from Ch. 122, par. 50-1)
Sec. 1.

This Act shall be known and may be cited as the
Illinois School Student Records Act.

(Source: P.A. 79-1108.)
 
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
(Text of Section before amendment by P.A. 102-466)
Sec. 2.
As used in this Act:
(a) "Student" means any person enrolled or previously enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational institution,
vocational school, special educational facility or any other elementary or
secondary educational agency or institution and any person, agency or
institution which maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or
other recorded information concerning a student
and by which a student may be individually identified,
maintained by a school or at its direction or by an employee of a
school, regardless of how or where the information is stored.
The following shall not be deemed school student records under
this Act: writings or other recorded information maintained by an
employee of a school or other person at the direction of a school for his or
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 this Act.
School student records shall not include information maintained by
law enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the student
and contained in a school student record. Such information
may include the student's name, birth date, address, grades
and grade level, parents' names and addresses, attendance
records, and such other entries as the State Board may
require or authorize.
(f) "Student Temporary Record" means all information contained in
a school student record but not contained in
the student permanent record. Such information may include
family background information, intelligence test scores, aptitude
test scores, psychological and personality test results, teacher
evaluations, and other information of clear relevance to the
education of the student, all subject to regulations of the State Board.
The information shall include information provided under Section 8.6 of the
Abused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code.
In addition, the student temporary record shall include information regarding
serious disciplinary infractions that resulted in expulsion, suspension, or the
imposition of punishment or sanction. For purposes of this provision, serious
disciplinary infractions means: infractions involving drugs, weapons, or bodily
harm to another.
(g) "Parent" means a person who is the natural parent of the
student or other person who has the primary responsibility for the
care and upbringing of the student. All rights and privileges accorded
to a parent under this Act shall become exclusively those of the student
upon his 18th birthday, graduation from secondary school, marriage
or entry into military service, whichever occurs first. Such
rights and privileges may also be exercised by the student
at any time with respect to the student's permanent school record.
(h) "Department" means the Department of Children and Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 2.
As used in this Act:
(a) "Student" means any person enrolled or previously enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational institution,
vocational school, special educational facility or any other elementary or
secondary educational agency or institution and any person, agency or
institution which maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or
other recorded information concerning a student
and by which a student may be individually identified,
maintained by a school or at its direction or by an employee of a
school, regardless of how or where the information is stored.
The following shall not be deemed school student records under
this Act: writings or other recorded information maintained by an
employee of a school or other person at the direction of a school for his or
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 this Act.
School student records shall not include information maintained by
law enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the student
and contained in a school student record. Such information
may include the student's name, birth date, address, grades
and grade level, parents' names and addresses, attendance
records, and such other entries as the State Board may
require or authorize.
(f) "Student Temporary Record" means all information contained in
a school student record but not contained in
the student permanent record. Such information may include
family background information, intelligence test scores, aptitude
test scores, psychological and personality test results, teacher
evaluations, and other information of clear relevance to the
education of the student, all subject to regulations of the State Board.
The information shall include all of the following:
(g) "Parent" means a person who is the natural parent of the
student or other person who has the primary responsibility for the
care and upbringing of the student. All rights and privileges accorded
to a parent under this Act shall become exclusively those of the student
upon his 18th birthday, graduation from secondary school, marriage
or entry into military service, whichever occurs first. Such
rights and privileges may also be exercised by the student
at any time with respect to the student's permanent school record.
(h) "Department" means the Department of Children and Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
(105 ILCS 10/3) (from Ch. 122, par. 50-3)
Sec. 3.

(a) The State Board shall issue regulations to govern
the contents of school student records, to implement and assure compliance
with the provisions of this Act and to prescribe appropriate procedures and
forms for all administrative proceedings, notices and consents required
or permitted under this Act. All such regulations and any rules and
regulations adopted by any school relating to the maintenance of, access to,
dissemination of or challenge to school student records shall be
available to the general public.
(b) The State Board, each local school board or other
governing body and each school shall take reasonable measures to
assure that all persons accorded rights or obligations under this Act
are informed of such rights and obligations.
(c) The principal of each school or the person with like
responsibilities or his or her designate shall take all action
necessary to assure that school personnel are informed of
the provisions of this Act.

(Source: P.A. 79-1108.)
 
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
Sec. 4.
(a) Each school shall designate an official records
custodian who is responsible for the maintenance, care and security
of all school student records, whether or not such records are
in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school student
record shall be limited to information which is of clear relevance
to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records and the
information contained therein for not less than 60 years after the
student has transferred, graduated or otherwise permanently withdrawn
from the school.
(f) Each school shall maintain student temporary records and the
information contained in those records for not less than 5 years
after the
student has transferred, graduated, or otherwise withdrawn from the school.
However, student temporary records shall not be
disclosed except as provided in Section 5 or 6 or by court order. A school may maintain
indefinitely anonymous information from student temporary records
for authorized research, statistical reporting or planning purposes,
provided that no student or parent can be individually identified
from the information maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review of the
student temporary records and length of time for maintenance of entries to such
records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent or the student, if the rights and privileges accorded to the parent under this Act have been transferred to the student, and, if the student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall be given reasonable
prior notice in accordance with rules
adopted by the State Board and an
opportunity to copy the record and information proposed to be destroyed or
deleted. A school may provide reasonable prior notice under this subsection to a parent or student through (i) notice in the school's parent or student handbook, (ii) publication in a newspaper published in the school district or, if no newspaper is published in the school district, in a newspaper of general circulation within the school district, (iii) U.S. mail delivered to the last known address of the parent or student, or (iv) other means provided the notice is confirmed to have been received.
(i) No school shall be required to separate permanent
and temporary school student records of a student not enrolled
in such school on or after the effective date of this Act
or to destroy any such records, or comply with the provisions
of paragraph (g) of this Section with respect to such records, except (1)
in accordance with the request of the parent that any or all of such actions
be taken in compliance with the provisions of this Act or (2) in accordance
with regulations adopted by the State Board.

(Source: P.A. 101-161, eff. 1-1-20; 102-199, eff. 7-1-22.)
 
(105 ILCS 10/5) (from Ch. 122, par. 50-5)
Sec. 5.
(a) A parent or any person specifically designated as
a representative by a parent and, if the child is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall have the right to inspect and
copy all school student permanent and temporary records of that
child. A student shall have the right to inspect and copy
his or her school student permanent record. No person who is prohibited
by an order of protection from inspecting or obtaining school records of a
student pursuant to the Illinois Domestic Violence Act of 1986, as now or
hereafter amended, shall have any right of access to, or inspection of, the
school records of that student. If a school's principal or person with
like responsibilities or his designee has knowledge of such order of
protection, the school shall prohibit access or inspection of the student's
school records by such person.
(b) Whenever access to any person is granted pursuant
to paragraph (a) of this Section, at the option of that person or the school,
a qualified professional, who may be a psychologist, counsellor or
other advisor, and who may be an employee of the school or employed
by the parent or the Department, may be present to interpret the information contained
in the student temporary record. If the school requires that a
professional be present, the school shall secure and bear any cost of the
presence of the professional. If the parent or the Department so requests, the school
shall secure and bear any cost of the presence of a professional
employed by the school.
(c) A parent's or student's or, if applicable, the Department's Office of Education and Transition Services' request to inspect and copy records,
or to allow a specifically designated representative to inspect and
copy records, must be granted within a reasonable time, and in no case later
than 10 business days after the date of receipt of such request by the
official records custodian.
(c-5) The time for response under this Section may be extended by the school district by not more than 5 business days from the original due date for any of the following reasons:
The person making a request and the school district may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the school district agree to extend the period for compliance, a failure by the school district to comply with any previous deadlines shall not be treated as a denial of the request for the records.
(d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts fixed
in schedules adopted by the State Board, to any person permitted
to copy such records, except that no parent or student shall be
denied a copy of school student records as permitted under this
Section 5 for inability to bear the cost of such copying.
(e) Nothing contained in this Section 5 shall make
available to a parent or student or, if applicable, the Department's Office of Education and Transition Services confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary recognition,
provided such letters and statements are not used for purposes
other than those for which they were specifically intended, and
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination
because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.
(Source: P.A. 102-199, eff. 7-1-22.)
 
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or otherwise
disseminated, except as follows:
(b) No information may be released pursuant to subparagraph (3) or
(6) of paragraph (a) of this Section 6 unless the parent receives
prior written notice of the nature and substance of the information
proposed to be released, and an opportunity to inspect
and copy such records in accordance with Section 5 and to
challenge their contents in accordance with Section 7. Provided, however,
that such notice shall be sufficient if published in a local newspaper of
general circulation or other publication directed generally to the parents
involved where the proposed release of information is pursuant to
subparagraph (6) of paragraph (a) of this Section 6 and relates to more
than 25 students.
(c) A record of any release of information pursuant
to this Section must be made and kept as a part of the
school student record and subject to the access granted by Section 5.
Such record of release shall be maintained for the life of the
school student records and shall be available only to the parent
and the official records custodian.
Each record of release shall also include:
(d) Except for the student and his or her parents or, if applicable, the Department's Office of Education and Transition Services, no person
to whom information is released pursuant to this Section
and no person specifically designated as a representative by a parent
may permit any other person to have access to such information without a prior
consent of the parent obtained in accordance with the requirements
of subparagraph (8) of paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names, addresses
and other identifying information and similar publications which
comply with regulations issued by the State Board.

(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
(105 ILCS 10/7) (from Ch. 122, par. 50-7)
Sec. 7.

(a) Parents shall have the right to challenge the
accuracy, relevance or propriety of any entry in the school student
records, exclusive of (i) academic grades of their child and (ii)
references to expulsions or out-of-school suspensions, if the
challenge is made at the time the student's school student records are
forwarded to another school to which the student is transferring.
(b) The State Board shall prescribe by regulation procedures
to govern challenges to school student records under this Act.
Such challenge procedures shall provide for a hearing at which
each party shall have:
(c) A final decision under the procedures established
pursuant to this Section may be appealed to the Circuit Court of the
County in which the school is located.
(d) Parents shall also have the right to insert in their
child's school student record a statement of reasonable length
setting forth their position on any disputed information contained in that
record. The school shall include a copy of such statement in any subsequent
dissemination of the information in dispute.

(Source: P.A. 89-261, eff. 8-10-95.)
 
(105 ILCS 10/8) (from Ch. 122, par. 50-8)
Sec. 8.

No person may condition the granting or withholding of
any right, privilege or benefit 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 this Act.

(Source: P.A. 79-1108.)
 
(105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1)
Sec. 8.1. (a) No school may refuse to admit or enroll a student
because of that student's failure to present his student permanent or
temporary record from a school previously attended.
(b) When a new student applies for admission to a school and does not
present his school student record, such school may notify the school or
school district last attended by such student, requesting that the
student's school student record be copied and sent to it; such request
shall be honored within 10 days after it is received. Within
10 days after receiving a request from the Department of Children and
Family Services, the school district last attended by the student shall
send the student's school student record to the receiving school district.
(c) In the case of a transfer between school districts of a student
who is eligible for special education and related services, when the parent
or guardian of the student presents a copy of the student's then current
individualized education program (IEP) to the new school, the student shall
be placed in a special education program in accordance with that described
in the student's IEP.
(d) Out-of-state transfer students may use unofficial transcripts for admission to a school until official transcripts are obtained from his or her last school district, including children of military personnel that transfer into this State, subject to Section 32 of the Educational Opportunity for Military Children Act.
(Source: P.A. 97-216, eff. 1-1-12; 98-673, eff. 6-30-14.)
 
(105 ILCS 10/9) (from Ch. 122, par. 50-9)
Sec. 9.

(a) Any person aggrieved by any violation of
this Act may institute an action for injunctive relief in the Circuit
Court of the County in which the violation has occurred or the Circuit
Court of the County in which the school is located.
(b) Any person injured by a wilful or negligent violation of
this Act may institute an action for damages in the Circuit Court of the
County in which the violation has occurred or the Circuit Court of the
County in which the school is located.
(c) In the case of any successful action under paragraph (a) or
(b) of this Section, any person or school found to have wilfully
or negligently violated any provision of this Act is liable to the
plaintiff for the plaintiff's damages, the costs of the action and
reasonable attorneys' fees, as determined by the Court.
(d) Actions for injunctive relief to secure compliance
with this Act may be brought by the State Board, by the State's
Attorney of the County in which the alleged violation has occurred or the
State's Attorney of the County in which the school is located, in each
case in the Circuit Court of such County.
(e) Wilful failure to comply with any Section of this Act
is a petty offense; except that any person who wilfully and maliciously
falsifies any school student record, student permanent record or student
temporary record shall be guilty of a Class A misdemeanor.
(f) Absent proof of malice, no cause of action or claim for relief,
civil or criminal, may be maintained against any school, or employee or
official of a school or person acting at the direction of a school for
any statement made or judgment expressed in any entry to a school student
record of a type which does not violate this Act or the regulations
issued by the State Board pursuant to this Act; provided that this
paragraph (f) does not limit or deny any defense available
under existing law.

(Source: P.A. 84-712.)
 
(105 ILCS 10/10) (from Ch. 122, par. 50-10)
Sec. 10.

If any provision of this Act or the application
thereof to any person or circumstance is held invalid, such invalidity does not
affect other provisions or applications of the Act which can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable.

(Source: P.A. 79-1108.)

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