Student Data Privacy, Student Records, FERPA, ISSRA and SOPPA
STUDENT DATA PRIVACY:
School District 89 is committed to protecting student privacy. There are numerous federal and state laws that govern student records and student privacy including the federal law commonly referred to as FERPA (Family Educational Rights and Privacy Act), ISSRA (Illinois School Student Records Act), and a recent Illinois law called SOPPA (Student Online Privacy and Protection Act). A quick summary of each is on our ‘Data Privacy Laws’ page that can be accessed here. A video from the U.S. Dept. of Education can be viewed for more information about FERPA by clicking below.
The district has filters and firewalls in place to protect our students from accessing harmful information on the Internet and protect the privacy of our student information. We as a district approve the website, apps, and software platforms to be used by staff, students, and/or parents. Sometimes the websites, apps, or software platforms will only be approved and used for certain groups.
School District 89 creates, collects, and maintains certain student data elements to provide a richer educational experience for students for our curriculum and a more individualized learning experience and are compiled in our Student Information System. The third parties require some components of this student data to provide usernames, passwords, and other data elements to access and track student achievement as well as report it to the school. Not all our student data is shared to third parties and none of our third parties own or sell student or school data.
The student data elements the district collects, maintains, or discloses to approved third parties vary based on the app, site, or other educational software. Many of our apps, sites, and other educational software platforms we disclose:
- student names,
- student emails based on the student’s name,
- district-issued student number,
- Learner category labels such as Individual Education Plans or English Learners without any specific personally identifiable information,
- district-issued student ID,
- student grade level.
Only a few of our approved apps, sites, and other educational software platforms do we disclose more information:
- student names,
- student emails based on the student’s name,
- student number,
- Learner categories such as Individual Education Plans or English Learners,
- student ID,
- student grade level,
- student school,
- student birthday,
- parent demographic information such as parent address, phone number.
As a reminder, we only disclose the amount of personally identifiable information (PII) that is required by the app, site, or educational software to help us with understanding how students are learning and growing. We do not collect or share any social security number, financial, or other PII to anyone. We also make sure that the apps, sites, or other educational software we use do industry standard encryption to keep the data elements we collect safe and vet our operators and vendors with a legally binding data privacy agreement to make sure we protect our PII data that is collected. If there are data breaches that our vendors/operators have and are shared with us than we will contact the families about it to communicate the breach.
Refer to Family Educational Rights and Privacy Act of 1974, and the Illinois School Student Records Act of 1975. All surveys requesting personal information from students will comply with Board Policy 7:15 (Student and Family Privacy Rights.)
RIGHTS OF PARENTS/GUARDIANS AND STUDENTS: Federal and State laws grant parents/guardians and students certain rights relating to the student records maintained by the School District, including the right to inspect, copy, and challenge student records.
A student’s permanent record consists of the following:
- 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/guardians;
- Academic transcript, including grades, class rank, graduation date, grade level achieved, and the unique student identifier assigned and used by the student information system;
- Attendance record;
- Health records (i.e., medical and dental documentation necessary for enrollment); and
- Record of release of permanent record information. Permanent records are maintained by the School District for 60 years after a student has transferred, graduated, or otherwise permanently withdrawn from the school.
A student’s temporary record contains all other records concerning the student that are maintained by the District and by which the student may be individually identified (except for certain records excluded from the definition of “school student record”). The temporary record includes:
- Record of release of information from the temporary records;
- Scores received on the State assessment tests administered in the elementary grade levels (K-8);
- The completed home language survey form;
- 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 regarding an indicated report pursuant to the Abused and Neglected Child Reporting Act;
- Biometric information, if any;
- Health-related information; and
- Accident reports.
The temporary record also may include:
- Family background information;
- Intelligence test scores;
- Aptitude test scores;
- Reports of psychological evaluations;
- 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;
- Records associated with Section 504 plans; and
- Any verified reports or information from other persons, agencies, or organizations of clear relevance to the education of the student.
Temporary records are maintained by the School District for at least five years after the student has transferred, graduated or otherwise withdrawn from the school.
Parents/guardians will be notified of the destruction schedule of the student’s records at the time of graduation, transfer, or permanent withdrawal from the District.
RIGHT TO INSPECT AND COPY RECORDS:
Students have the right to inspect and copy their permanent records. Parents/guardians have the right to inspect and copy their child’s permanent and temporary records. All rights become exclusively those of the student upon his/her 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Requests to inspect and copy records will be granted no later than 15 school days after the date that the District receives a written request. The District may charge a fee for copies of records; please contact the District’s Records Custodian for fee information.
ACCESS TO RECORDS:
Access to student records will be limited to parents/guardians and other authorized persons, except that:
- Information may be released in connection with an emergency, as provided by law.
- The records of a student will be transferred by the School District’s official records custodian to the official records custodian of another school district in which the student has enrolled or intends to enroll, upon request of the other school district, and within 10 days of receipt of the request. Parents/guardians will be given prior written notice and an opportunity to inspect and copy the records to be released and to challenge the contents, with the exception of academic grades and any reference to out-of-school suspensions or expulsions.
- Access will be granted to persons as specifically required by State or Federal law.
- Access is granted to school, District, or State Board of Education employees or officials with current demonstrable educational or administrative interest in the student, in furtherance of such interest. A school or District employee or official is a person employed by the School District as an administrator, supervisor, instructor, or support staff member (including health/medical staff and law enforcement unit personnel); a Board member; a person or company with whom the School District has contracted as its agent to provide a service instead of using its own employees (e.g., attorney, auditor, medical consultant, therapist, 17 n evaluator, data analysis/reporting firm, cloud computing providers and/or providers of educational software or apps, such as Google); or a person serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school or District employee or official has an educational or administrative interest if he/she needs the student record information in order to fulfill his/her professional responsibilities. Disclosure also permitted without parent/guardian consent in the following situations:
- To any person for the purpose of research, statistical reporting or planning, provided that such research, statistical reporting or planning is permissible under and undertaken in accordance with applicable law;
- Pursuant to a court order, as provided by law; and
- To juvenile authorities when necessary for the discharge of their official duties who request information before adjudication of the student.
For any release of information other than specified above or otherwise authorized by law, the School District must receive the prior written consent of the student’s parent/guardian. The student’s prior written consent also will be requested where the student is age 12 or older and the student records include information protected under the Illinois Mental Health and Developmental Disabilities Confidentiality Act.
CHALLENGE OF RECORDS:
A parent/guardian or eligible student may challenge a record that he/she believes is inaccurate, irrelevant, or improper. To do so, the parent/guardian or eligible student should write to the District’s Records Custodian and clearly identify the records to be challenged and the basis for the challenge. A hearing may be requested, and the School District’s decision may be appealed. The right to challenge school student records does not apply to: (1) academic grades, or (2) references to expulsions or out-of-school suspensions if the challenge is made at the time the student’s records are forwarded to another school to which the student is transferring. For more information about challenging student records, please contact the District’s Records Custodian. For more information, reference Board policy 7:340 – Student Records.
No person may condition the granting or withholding of any right, privilege or benefits or make as a condition of employment, credit, or insurance the securing by any individual of any information from a student’s temporary record that the individual may obtain through the exercise of any right secured under state law.
Parents/guardians have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the student record requirements of the Family Educational Rights and Privacy Act. Such complaints may be sent to:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202 18.
STUDENT DIRECTORY INFORMATION:
The name of your child will be released periodically, if applicable, for the academic honor roll, as a member of a school sports team, as a winning recipient of a school award or contest, or to Medicaid for billing purposes. If you do not want your child’s name included, please notify the building principal.