Section 226.740  Records; Confidentiality

Students' records shall be maintained in accordance with 34 CFR 300.610 through 300.627, the School Student Records Act [105 ILCS 10] and the rules of the State Board of Education (23 Ill. Adm. Code 375). In addition, the following requirements shall apply:

a)         The portion of each district's policies and procedures that is required pursuant to Section 226.710(b)(3) of this Part shall require that all information maintained concerning a student receiving special education be directly related to the provision of services to that child and shall address:

1)         the method by which information concerning a student will be collected;

2)         the confidential nature of the information;

3)         the use to which the information will be put;

4)         how the information will be recorded and maintained;

5)         the period for which the information will be maintained;

6)         the persons to whom the information will be available; and

7)         under what circumstances the information will be made available.

b)         The portion of each district's policies and procedures referred to in subsection (a) of this Section shall be consistent with:

1)         The Illinois School Student Records Act;

2)         23 Ill. Adm. Code 375 (Student Records);

3)         23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision);

4)         The Family Educational Rights and Privacy Act; and

5)         The Illinois Domestic Violence Act of 1986 [750 ILCS 60].

(Source:  Amended at 31 Ill. Reg. 9915, effective June 28, 2007)