Final Amendments to Illinois Student Records Regulations Published

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On February 10, the final amendments to the Illinois State Board of Education (ISBE) student records regulations, 23 Illinois Administrative Code Part 375, were published in the Illinois Register (amended at 36 Ill. Reg. 2220). Effective January 24, 2012, the amendments include various changes to the definitions of permanent and temporary student records, directory information, the “emergency situation” exception to disclosing student records without parental consent, and the treatment of photographs and security videos of students.

While the Amendments include changes to almost every section of the student records regulations, some of the more significant changes include the following:

Definitions of permanent and temporary records revised

The Amendments contain several new definitions for the types of records required to be included in a student’s permanent and temporary record, including defining the following terms: accident report, health record, health-related information, official records custodian, and special education records. See 23 Ill. Admin. Code 375.10.

Security videos excluded from student record definition

The Amendments expressly exclude the following types of recordings from the definition of school student record:

  • Video or electronic recordings created and maintained by law enforcement professionals working in the school or for security or safety reasons or purposes, provided the information was created at least in part for law enforcement or security or safety reasons or purposes.
  • Electronic recordings made on school buses. See 23 Ill. Admin. Code 375.10.

Email notification of student and parental rights permitted

The Amendments now permit a school district to provide the notification of student and parental rights required under the Illinois School Student Records Act via email. See 23 Ill. Admin. Code 375.30.

Please see full article below for further information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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