School & Education

Schools generally can’t share student records without permission. A student record is any writing or other recorded information kept by a school that concerns a student and individually identifies the student. Students and parents have rights related to student records that are detailed below. 

There are 2 types of school student records, permanent and temporary. It is important to know the difference because different records are kept for different periods of time. Some records are stored for 60 years whereas other records are stored for only one year. Also, some records can not be accessed. 

Permanent records include the following:

• Student's names and address, birth date, birth place, and gender,
• Names and addresses of student's parents,
• Transcripts, grades, class rank, graduation date, and test scores,
• Attendance,
• Accident reports and health records,
• Any record of release of permanent records,
• Honors and awards, and
• Extracurricular activities.

Temporary records include:

• Family background information,
• Intelligence and aptitude (reasoning) test results,
• Psychological and personality test results,
• Teacher evaluations,
• Physical and sexual abuse reports,
• Disciplinary actions involving drugs, weapons, or bodily harm to others,
• Special education files, and
• Any verified reports or information from non-educational persons, agencies or organizations.

Personal information includes:

• The student's name,
• The student's birthday,
• Names of parents or other family members,
• Addresses,
• Social security or student number, and
• Any other information that would make the student's identity easy to find out.

Student access to records 

If you are younger than 18, you have the right to inspect and copy just your permanent record. You can look at and copy both your permanent and temporary student record if you become an eligible student. This happens when the student:

• Turns 18 years old,
• Gets married,
• Joins the military, or
• Graduates from high school.

If you want the school to make a copy of a record for you, it may charge you for the copy. It can’t charge you if you can’t afford to pay. 

You don’t have the right to see the following information:

• The personal notes or records of school staff,
• Records of the school’s law enforcement unit,
• Your financial records at a college or university,
• The employment records of school personnel, or
• Another student’s records.

If you are an eligible student, you also have the right to request the school to change your educational records from preschool through high school if you believe they are misleading or inaccurate. If the school decides not to change your records after a request is made, you have the right to a hearing When the parties in a case present their sides of a case to a judge or other officer . If the school still does not want to make a change in your records, you have the right to place a statement within your educational records.

Parent access to student records

If you are the parent or guardian of a student, you have the same rights as your child to access, copy, and request a change to their permanent and temporary records.

When your child becomes an eligible student, which happens when the student turns 18, graduates from high school, gets married, or joins the military, you as a parent no longer have the right to see or copy the records without your child's written permission or a court order. The exception is if you as a parent claim the eligible student as a dependent A person who relies on another for support, such as a child or person with a disability on your taxes. Then you do have the right to see educational records.

Sharing between school districts

A school may only share your student records with another school in a different district when:

• It is voluntary,
• The sharing only applies to a student enrolled in both districts and the student intends to enroll in the high school district, and
• They do not share more information with another district than they would within the same district.

Who else can see my student records?

• Parents/guardians,
• School employees,
• Official records custodians,
• Anyone for the purpose of research, statistical reporting, etc.,
• Whomever is listed in a court order for the records, and
• Anyone required by law to have access to the records.

Technology privacy and protections

Schools have a responsibility to protect your private information when you use technology in the classroom.

The Children's Online Privacy Protection Act (COPPA) strictly limits the collection of website data from children under 13 years old. Most of the time, a parent must agree to any collection of website data. Schools can also agree for students, but only when the students use the website or app for school. The Illinois Student Online Personal Protection Act also protects students' online information.

Schools also must protect students when they use the internet at school. The Children’s Internet Protection Act (CIPA) requires schools to block access to harmful websites. 

What if the school violates my education records privacy?

If you believe your education records privacy has been violated, you can file a written complaint with the Family Policy Compliance Office, US Department of Education. Learn more about how to file a privacy complaint. 

You can also file a lawsuit. A lawsuit might be necessary to:

• Force a school to give you access to certain education records,
• Prevent a school from disclosing personal information, or
• Recover damages for unlawful violations of your privacy. This can include compensation Payment for work done or damage suffered for emotional pain and suffering.

Filing such a lawsuit is very complicated. If you are interested in doing this, you should talk to a lawyer Someone who represents clients in courts or who gives legal advice . To find a lawyer, you can use ILAO's Get Legal Help tool.