TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER k: SCHOOL RECORDS
PART 375 STUDENT RECORDS
SECTION 375.10 DEFINITIONS
Section 375.10 Definitions
"Accident Report" means 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 if the school nurse has referred the student for a medical evaluation, regardless of whether the parent or guardian, student (if 18 years or older), or an unaccompanied youth (as defined by 42 USC 11434a) has followed through on that request.
"Act" means the Illinois School Student Records Act [105 ILCS 10].
"Health Record" means medical documentation necessary for enrollment and proof of having certain examinations, as may be required under Section 27-8.1 of the Code.
"Health-related Information" means current documentation of a student's health information, not otherwise governed by the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110] or other privacy laws, that 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, documentation regarding a student athlete's and his or her parent's or guardian's acknowledgement of the district's concussion policy adopted under Section 22-80 of the Code, 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).
"Official Records Custodian" means the individual appointed in each school in accordance with Section 4 of the Act who has responsibility for the maintenance, care and security of all school student records, whether or not the records are in his or her personal custody or control.
"School Code" or "Code" means 105 ILCS 5.
"School Student Record" has the meaning ascribed to that term in Section 2(d) of the Act, except that school student records shall not include:
Video or other 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, as described in Section 14-3(m) of the Criminal Code of 2012 [720 ILCS 5]; and
Any information, either written or oral, received pursuant to Section 22-20 of the Code and Sections 1-7 and 5-905 of the Juvenile Court Act of 1987 [705 ILCS 405].
The content of a video or other electronic recording may become part of a student's school student record to the extent school officials use and maintain this content for a particular reason (e.g., disciplinary action or compliance with a student's Individualized Education Program) regarding that specific student. Video or other electronic recordings that become part of a student's school record shall not be a public record and shall be released only in conformance with Section 6(a) of the Act and the federal Family Educational Rights and Privacy Act (20 USC 1232g).
"Special Education Records" means school records that relate to identification, evaluation, or placement of, or the provision of a free and appropriate public education to, students with disabilities under the Individuals with Disabilities Education Act (20 USC 1400 et seq.) and Article 14 of the Code, to include the report of the multidisciplinary staffing conference on which placement or nonplacement was based, and all records and audio recordings in any format relating to special education placement hearings and appeals.
"Student Permanent Record" means and shall consist of the following, as limited by Section 2(d) of the Act:
Basic identifying information, including the student's name and address, birth date and place, and gender, and the names and addresses of the student's parents;
Evidence required under Section 5(b)(1) of the Missing Children Records Act [325 ILCS 50];
Academic transcript, including:
grades, graduation date, and grade level achieved;
as applicable, and if allowed by district policy, scores received on college entrance examinations if that inclusion is requested in writing by a student, parent, or person who enrolled the student;
the unique student identifier assigned and used by the Student Information System established pursuant to 23 Ill. Adm. Code 1.75 (Student Information System);
as applicable, designation of an Advanced Placement computer science course as a mathematics-based, quantitative course for purposes of meeting State graduation requirements set forth in Section 27-22 of the Code;
as applicable, designation of the student's achievement of the State Seal of Biliteracy, awarded in accordance with Section 2-3.159 of the Code and 23 Ill. Adm. Code 680 (State Seal of Biliteracy);
as applicable, designation of the student's achievement of the State Commendation Toward Biliteracy, awarded in accordance with 23 Ill. Adm. Code 680 (State Seal of Biliteracy); and
as applicable, designation of the student's achievement of the Global Scholar Certification, awarded in accordance Section 2-3.169 of the Code and 23 Ill. Adm. Code 1.443 (Illinois Global Scholar Certificate);
Record of release of permanent record information in accordance with Section 6(c) of the Act; and
Scores received on all State assessment tests administered at the high school level (i.e., grades 9 through 12) (see 105 ILCS 5/2-3.64a-5).
If not maintained in the temporary record, the student permanent record may also consist of:
Honors and awards received; and
Information concerning participation in school-sponsored activities or athletics or offices held in school-sponsored organizations.
No other information shall be placed in the student permanent record.
"Student Temporary Record" means all information not required to be in the student permanent record and shall consist of the following, as limited by Section 2(d) of the Act:
A record of release of temporary record information in accordance with Section 6(c) of the Act;
Scores received on the State assessment tests administered in the elementary grade levels (i.e., kindergarten through grade 8) (see 105 ILCS 5/2-3.64a-5);
The completed home language survey form (see 23 Ill. Adm. Code 228.15 (Identification of Eligible Students));
Information regarding serious disciplinary infractions (i.e., those involving drugs, weapons, or bodily harm to another) that resulted in expulsion, suspension, or the imposition of punishment or sanction;
Information provided under Section 8.6 of the Abused and Neglected Child Reporting Act [325 ILCS 5] and information contained in service logs maintained by a local education agency under Section 14-8.02f(d) of the Code [105 ILCS 10/2(f)];
Any biometric information that is collected in accordance with Section 10-20.40 or 34-18.34 of the Code;
Health-related information; and
Student temporary record may also consist of:
Family background information;
Intelligence test scores, group and individual;
Aptitude test scores;
Reports of psychological evaluations, including information on intelligence, personality, and academic information obtained through test administration, observation, or interviews;
Elementary and secondary achievement level test results;
Participation in extracurricular activities, including any offices held in school-sponsored clubs or organizations;
Honors and awards received;
Teacher anecdotal records;
Other disciplinary information;
Special education records; or
Records associated with plans developed under section 504 of the federal Rehabilitation Act of 1973 (29 USC 701 et seq.).
Any verified reports or information from non-educational persons, agencies, or organizations of clear relevance to the education of the student.
(Source: Amended at 44 Ill. Reg. 13364, effective July 28, 2020)