Illinois Compiled Statutes
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105 ILCS 10/4
(105 ILCS 10/4)
(from Ch. 122, par. 50-4)
(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student has transferred, graduated or otherwise permanently withdrawn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
student has transferred, graduated, or otherwise withdrawn from the school.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
(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