FOIA section 7(1)(j)

FOIA

Educational testing/evaluation records

5 ILCS 140/7(1)(j). Educational testing/evaluation records (general)

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6 issues across 5 determination letters:3 violation found · 3 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

Curriculum materials on gender and sexuality education from a third-party vendor (PAC Req. Rev. Ltr. 78019) cited 1 times

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

The public body relies on the student disciplinary adjudication exemption but cannot demonstrate that a formal hearing adjudicating student rights happened. Under the interpretation in D960.2, the exemption applies only if a formal hearing took place. Without that, the records are not exempt.Based on: n.d. · Security camera footage from a sc…
The public body withholds records as peer evaluation materials, but the records (such as IRB results) pertain to research monitoring, not faculty performance evaluation. As D913.3 explains, peer evaluation materials must relate to faculty performance. IRB review does not evaluate faculty, so the exemption fails.Based on: n.d. · An internal investigation into a …
The public body claims the research materials exemption for records that were not generated by or used to conduct research, like IRB review results. D913.4 held that research materials must be generated by or used in conducting research. Mere oversight records do not qualify.Based on: n.d. · An internal investigation into a …

When the public body usually wins

The requested record is a lecture recording prepared for use in teaching a university course, even if it was shared beyond that specific course. D1134.1 confirms the course materials exemption covers such recordings, and sharing beyond the course does not remove the exemption.Based on: n.d. · A university lecture recording us…
The requested records are course materials used by faculty, and the requester argues that public funding negates the exemption. D1024.1 establishes that payment with public funds does not affect the course materials exemption; the records remain exempt.Based on: n.d. · Curriculum materials on gender an…
The records are data and observations used by faculty in testing a medical device or drug. D857.1 held that such records fall under the research materials exemption because they are used to conduct research.Based on: n.d. · Animal research protocol and medi…

Points to put in your letter

State that the public body must prove a formal hearing adjudicated student rights before it can claim the disciplinary adjudication exemption.Based on: n.d. · Security camera footage from a sc…
Argue that the records do not evaluate faculty performance, so the peer evaluation exemption does not apply (for example, IRB results monitor research, not instructors).Based on: n.d. · An internal investigation into a …
Show that the records were not generated by or used to conduct research; merely being related to a research project is not enough for the research materials exemption.Based on: n.d. · An internal investigation into a …

Common mistakes

Assuming that a lecture recording shared outside the course loses its status as exempt course materials.Based on: n.d. · A university lecture recording us…
Arguing that the use of public funds for course materials eliminates the exemption.Based on: n.d. · Curriculum materials on gender an…
Believing that any record reviewed by an institutional review board qualifies as peer evaluation material.Based on: n.d. · An internal investigation into a …
Treating all research-related records as exempt, when the exemption only covers records generated by or used to conduct research.Based on: n.d. · An internal investigation into a …

Facts to gather first

Whether a formal hearing adjudicating student rights occurred.
Whether the records were created as part of a process that monitors research rather than evaluates faculty performance.
Whether the records were generated by or used to conduct research, or are instead administrative oversight.

These notes rely on non-binding Attorney General determination letters; each case depends on its facts. Review the full PDF of any cited decision before relying on it.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-7-1-j.json.

TOPIC: 5 ILCS 140/7(1)(j) - Educational testing/evaluation records
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/foia-7-1-j/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (3):
- Section 7(1)(j)(iii) student disciplinary adjudication exemption
  Rule: CPS did not show a formal hearing adjudicating student rights occurred, so the disciplinary adjudication exemption did not apply.
  Decision: Security camera footage from a school event (non-binding determination letter, April 19, 2022) https://illinoisfoia.org/opinions/letter-65306/
- Withholding IRB results as peer evaluation materials
  Rule: IRB review results are not exempt as peer evaluation materials because the IRB process monitors research, not faculty performance.
  Decision: An internal investigation into a professor's research and IRB process (non-binding determination letter, February 1, 2019) https://illinoisfoia.org/opinions/letter-53007/
- Withholding IRB results as research materials
  Rule: IRB review results are not exempt as research materials because they were not generated by or used to conduct research.
  Decision: An internal investigation into a professor's research and IRB process (non-binding determination letter, February 1, 2019) https://illinoisfoia.org/opinions/letter-53007/

NO VIOLATION (3):
- Denial of lecture recording under course materials exemption
  Rule: A lecture recording prepared for use in teaching a university course is exempt as course materials even if shared beyond the specific course.
  Decision: A university lecture recording used in a course (non-binding determination letter, October 2, 2025) https://illinoisfoia.org/opinions/letter-85864/
- Withholding course materials under section 7(1)(j)(iv)
  Rule: Course materials used by faculty are exempt from disclosure, and payment with public funds does not affect the exemption.
  Decision: Curriculum materials on gender and sexuality education from a third-party vendor (non-binding determination letter, January 5, 2024) https://illinoisfoia.org/opinions/letter-78019/
- Animal medical records as research materials
  Rule: Records consisting of data and observations used by faculty in testing a medical device or drug are exempt research materials.
  Decision: Animal research protocol and medical records (non-binding determination letter, July 14, 2015) https://illinoisfoia.org/opinions/letter-35091/

MOST-CITED AUTHORITIES: Ill. Att'y Gen. PAC Req. Rev. Ltr. 78019

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (3)

Section 7(1)(j)(iii) student disciplinary adjudication exemption
Rule: CPS did not show a formal hearing adjudicating student rights occurred, so the disciplinary adjudication exemption did not apply.
Violation found Security camera footage from a school event · April 19, 2022
Withholding IRB results as peer evaluation materials
Rule: IRB review results are not exempt as peer evaluation materials because the IRB process monitors research, not faculty performance.
Violation found An internal investigation into a professor's research and IRB process · February 1, 2019
Withholding IRB results as research materials
Rule: IRB review results are not exempt as research materials because they were not generated by or used to conduct research.
Violation found An internal investigation into a professor's research and IRB process · February 1, 2019

No violation (3)

Denial of lecture recording under course materials exemption
Rule: A lecture recording prepared for use in teaching a university course is exempt as course materials even if shared beyond the specific course.
No violation A university lecture recording used in a course · October 2, 2025
Withholding course materials under section 7(1)(j)(iv)
Rule: Course materials used by faculty are exempt from disclosure, and payment with public funds does not affect the exemption.
No violation Curriculum materials on gender and sexuality education from a third-party vendor · January 5, 2024
Animal medical records as research materials
Rule: Records consisting of data and observations used by faculty in testing a medical device or drug are exempt research materials.
No violation Animal research protocol and medical records · July 14, 2015