CONFIDENTIALITY OF RECORDS – CHICAGO PUBLIC SCHOOLS

OFFICE OF SPECIALIZED SERVICES

You have the right to inspect, review, obtain copies, petition to amend, and limit the release of your child’s educational records. This applies to all educational records and does not distinguish between the records of students with disabilities and the records of other students. All rights and privileges of parents related to issues in this document become exclusively those of the student upon his or her eighteenth (18) birthday, legal emancipation by court order, graduation from secondary school, marriage or entry into military services, whichever comes first.

For more detailed information, an amended copy of the Illinois School and Student Records Act may be obtained from the Illinois State Board of Education (ISBE), Quality Assurance and Improvement Planning Section, 100 North First Street, Springfield, Illinois, 62777 or at www.legis.state.il.us.

Examining and Copying School Records

Parent(s) may inspect and review their child’s school records, including discipline reports, school health files, and grade reports, once an appointment has been may with the principal or the designee. A friend, relative, or lawyer may accompany the parent(s) during this process. If the parent(s) does not understand the information in the records, it is their right to request an explanation from identified school staff members. The parent(s) request to inspect and copy records, or to allow a specifically designated representative to inspect and copy records, or any explanation of the contents of the record must be granted within a reasonable time, and in no case later than fifteen (15) school days after the date of receipt of such request. If the records contain information on more than one student, the parent(s) may inspect, review or be informed of only the specific information about their child.

Parent(s) shall also have the right to insert in their child’s 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.

The school may not charge a fee to search for or retrieve information, although may charge a reasonable cost of the copying of school student records, not to exceed the amounts adopted by the State Board, except that no parent or student shall be denied a copy of school student records due to their inability to bear the cost of such copying.

Challenging the Content of School Records

Parent(s) may review or challenge information contained in their child’s record prior to transfer of their child to another school district.

Additionally if the parent(s) feels that information contained in their child’s records (other than academic grades) is inaccurate, misleading, irrelevant, or that it invades your child’s or family’s privacy, the parent(s) may request that such information be amended. If the challenge is made at the time the student’s school records are being forwarded to another school to which the student is transferring, then the parent(s) does not have the right to challenge references in the records to expulsions or out-of-school suspensions. Challenges to any other entry in the school student records can be made on the basis of accuracy, relevance or propriety. If the school district does not make the amendments requested, the parent(s) has a right to an informal meeting with the appropriate school staff member within fifteen (15) school days from the date of the request for such a meeting. This written request should list the particular records that the parent(s) wants to amend and the reasons.

Dear Parent/Guardian/Educational Surrogate Parent:

This document provides information regarding parental rights in the area of confidentiality of student’s records. Under the Federal Family Education Rights and Privacy Act (FERPA) and the Illinois School Student Records Act, parents have certain rights with respect to their children’s education records. These rights transfer to the student, or former student, who has reached the age of 18 or is attending any school beyond the high school level.

Permanent records including identifying information and grades must be kept for a minimum of sixty years. Temporary records including disciplinary records and other information, are maintained only for the period of their usefulness, and in no case longer than five years after a student’s transfer, graduation, or permanent withdrawal from the school.

· Parents or eligible students have the right to inspect and review all of the student’s education records maintained by the school. Schools are not required to provide copies of materials in education records without cost unless, for reasons such as great distance, it is impossible for parents or eligible students to inspect the records consistent with the above. School may charge a fee not to exceed .35 per page.

· Parents and eligible students have the right to request that a school correct records believed to be inaccurate or misleading (with the exception of academic grades) through an informal conference at the local school. If the school decides not to amend the records, the parent or eligible student then has the right to request a formal hearing by submitting a written request to the Chief Specialized Services Officer, Chicago Public Schools, Office of Specialized Services, 125 South Clark Street, Suite 800, Chicago, Illinois 60603. After the hearing, if the school still decides not to amend the record, the parent or eligible student then has the right to place a statement with the record commenting on contested information in the records. The parent(s) may appeal the school districts decision to the Illinois State Board of Education (ISBE), Principal Communications Consultant, Problem Resolution Office, 100 West Randolph Street, Suite 14-300, Chicago, Illinois 60601-3405, (312) 814-2220.

· Generally, schools must have written permission from the parent or eligible student before releasing any information from the student’s record. However, the law allows school to disclose records, without consent, to the following parties.

· School employees who have a legitimate education interest;

· Other school to which a student is transferring;

· Certain government officials in order to carry out lawful functions;

· Organizations conduction certain studies for the school where the student’s identity is not disclosed;

· Accrediting organizations (i.e. colleges, universities);

· Individuals who have obtained court orders with notice;

· Persons who need to know in cases of health and safety emergencies; and

· State and local authorities, within a juvenile justice system, pursuant to specific state law

A school may also disclose, without consent, “directory” type of information such as a student’s name, address, telephone number, date and place of birth, awards, and dates of attendance. Prior to the release of this “directory” type information, parent and eligible students must have the opportunity to request that the school not release this information.

For additional information or technical assistance, or if you have questions about your rights regarding school records, you may contact the principal or his/her designee.

Sincerely,

Principal

Revised 08-00

If the school decides not to amend the record, the parent then has the right to request a formal hearing by submitting a written request to the Chief Specialized Services Officer, Chicago Public Schools, Office of Specialized Services, 125 South Clark Street, Suite 800, Chicago Illinois 60603. A hearing officer, not employed in the attendance center in which the student is enrolled, shall be appointed by the school within a reasonable time, but no later than fifteen (15) days after the informal conference, unless an extension of time is agreed upon by the parents and school officials. The hearing officer shall notify parent(s) and school officials of the time and place of the hearing. After the hearing if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record commenting on the contested information in the record. Parents may appeal the school districts decision to the Illinois State Board of Education (ISBE), Principal Communication Consultant, Problem Resolution Office, 100 West Randolph Street, Suite 14-300, Chicago, Illinois 60601-3405, (312) 814-2220.

A record of the hearing shall be made bye a tape recorder or a court reporter. Both the parents and the school have the right to present evidence and to call witnesses, the right to cross-examine witnesses, and the right to counsel.

The written decision of the hearing officer shall be transmitted to the parent(s) and the school district no later than ten (10) school days after the conclusion of the hearing. It shall be based solely on the information presented at the haering and shall be one of the following: to retain the challenged contents of the student record; to remove the challenged contents of the student record; or to change, clarify or add to the challenged contents of the student record.

Either party shall have the right to appeal the decision of the local hearing officer to the Illinois State Board of Education (ISBE) Principal Communications Consultant, Problem Resolution Office, 100 West Randolph Street, Suite 14-300, Chicago, Illinois 60601-3405 within twenty (20) school days after such a decision is transmitted. If the parent(s) appeals, the parent(s) shall so inform the school and within then (10) school days the school shall forwarded a transcript of the hearing, a copy of the record entry in question and any other pertinent materials to the Principal Communications Consultant, Problem Resolution Office. The school may initiate an appeal by the same procedures. Upon receipt of such documents, the Principal Communications Consultant, Problem Resolution Office, shall examine the documents and record to determine whether the school district’s proposed action in regard to the student’s record is in compliance with the State Board, make findings and issue a written decision to the parents and the school within twenty (20) school days of the receipt of the appeal documents. If the subject of the appeal involves the accuracy, relevance or propriety of any entry in special education records, the Principal Communications Consultant, Problem Resolution Office, should seek advice from special education personnel who were not authors of the entry, and whose special education skills are relevant to the subject(s) of the entry in question.

The school shall be responsible for implementing the decision of the Principal Communications Consultant, Problem Resolution Office. The final decisions of the Principal Communications Consultant, Problem Resolution Office may be appealed to the Circuit Court of Cook County.

Destruction of Records

The Records Custodian (CPS) shall send a written notice to inform parents when personally identifiable information collected, maintained, or used by CPS is no longer needed to provide educational services to the student. The determination as to whether personally identifiable information is needed to provide educational services to your child shall be made by the Records Custodian after careful review of the information and with the concurrence of the student’s current teacher(s), if the child is currently enrolled in a Chicago Public School.

The written notice sent to the parent(s) shall describe personally identifiable information which the school intends to destroy and shall inform you that the information will be destroyed no earlier than sixty (60) days from the date of the notice. The notice shall also outline the procedure, which you may follow if you wish to formally object to the destruction of the records in question.

Upon your request, the Records Custodian (CPS) shall destroy such personally identifiable information, provided that the custodian must maintain a permanent record of your child’s name, birth date, address, grades and grade level, parents’ names and addresses, attendance records, classes attended, and grade level completed and year completed for sixty (60) years.

Controlling Release of Student Records to Persons Outside of the School System

In most cases, a school cannot release student records to persons outside of the school system; the school must first provide notice and obtain your written consent. A consent form for this purpose will be provided by the school.

Student records or information may be released, transferred or disclosed to:

o A third person specifically designated as representative by a parent with a prior dated written consent of the parent(s) designating the person to whom the records may be released, provided that at the time any such consent is requested or obtained, the parent shall be notified in writing that they have the right to inspect, copy, challenge and limit and such consent to designated records or designated portions of the information contained in the records.

o All employees or officials of the State Board of Education or the local school district with a current demonstrable educational or administrative interest in the student.

o Official records custodian of another school in which the student has enrolled or intends to enroll, provided that the parent receives prior written notice of the nature and substance of the information to be transferred and has opportunity to inspect, copy and/or challenge such information. If this release of information relates to more than twenty-five (25) students, such prior notice may be given in a local newspaper of general circulation or other publication directed generally to parents.

o Pursuant to a court order, the parent shall be given prompt written notice upon receipt of such order of the terms of the order, the nature and substance of the information to be released in compliance with such order, and an opportunity to inspect, copy and challenge the contents of the student’s school record. Any person as specifically required by federal law, provided that statute the parent(s) receives prior written notice of the nature and substance of the information to be released and an opportunity to inspect, copy and challenge such information.

o Appropriate persons, subject to regulations of the State Board of Education, in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons, provided that the parent(s) is notified as soon as possible for the information released, the date of release, the person, agency, or organization receiving the information, and the purpose of the release.

o Appropriate authorities including state law enforcement and judicial authorities exercising their responsibilities with regard to the application of federal and state law when a crime is committed by a student with a disability.

o Schools may also disclose, without consent, “directory” type information such as a student’s name, address, telephone number, date and place of birth, honors and academic awards, dates of attendance and information in relation to school-sponsored activities, organizations, and athletics. However, schools must tell the parent(s) and eligible students about “directory” information and allow the parent(s) and eligible students a reasonable amount of time to request that the school not disclose “directory” information about them.

Other Information

No person for any reason may condition the granting or withholding of any of the parent(s) or their child’s rights, privileges, or benefits because the parent(s) may refuse to release to that individual their child’s temporary student record. No person may make as a condition of the parent(s) or their child’s employment the releases of their child’s temporary records.

Any questions about a parent’s rights concerning their child’s student records should be directed to the principal or their designee at the child’s school. While it is hoped that the parent(s) attempts to resolve any complaints they may have about the matters discussed in this communication through discussions with a school official, the parent(s) also have a right to file a formal complaint with the Illinois State Board of Education, Department of Program Compliance, 100 West Randolph Street, Suite 14-300, Chicago, Illinois 60601-3405.

Revised 8/00