Marseilles SD 150 student records governed by ISSRA, not FOIA; PAC closed case

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Dear

This determination is issued pursuant to section 9.5(f) of the Freedom of Information Act (FOIA) ( 5 ILCS 140/ 9.5(f) (West 2023 Supp.)). For the reasons that follow, the Public Access Bureau concludes that no further action is warranted because the Illinois School Student Records Act (ISSRA) ( 105 ILCS 10/1 et seq. ( West 2022)) rather than FOIA governs a parent's request for their child's school student records.

On December 7, 2024, you submitted a request by e-mail to Marseilles Elementary School District 150 ( District) seeking all communications between District staff regarding you and your son. On December 13, 2024, the District responded that it had provided you with all responsive records through the date of a previous request and would hand deliver any additional records through December 6, 2024. On February 4, 2025, this office received your complete Request for Review contesting the completeness of the District' s response. Specifically, you included e-mail correspondence between yourself and a specified employee, which you allege was not provided to you by the District. Although it is unclear if the District responded to your request pursuant to FOIA or ISSRA, your request plainly asks for records from which your son, a student in the District, could be individually identified. You also explained to this office that you sought records related to a complaint you had filed with the District concerning the sexual assault and harassment of your son by another student.

However, one of the exceptions in section 6(a) of ISSRA specifically sets forth that school student records be provided "[t]o a parent or student or person specifically designated as a representative by a parent, as provided in paragraph ( a) of Section 5 [ of ISSRA.]" Section 5(a) of ISSRA4 provides, in pertinent part, that "[ a] parent * * * shall have the right to inspect and copy all school student permanent and temporary records of that child." That provision then sets out a specific procedure for parents to access their children's school student records under that Act that is different from and incompatible with the response procedures of FOIA.

ISSRA provides the sole process for parents to access their children' s school student records, and those records are exempt from disclosure under section 7.5(r) of FOIA. Because the Public Access Counselor does not have the authority5 to enforce any rights you may have with respect to your request to obtain copies of your child's school student records under section 5 of ISSRA, this office will take no further action with respect to this matter.

Very truly yours, BENJAMIN J. SILVER Supervising Attorney Public Access Bureau 84841 f no fi war sd cc: Via electronic mail Via electronic mail Ms. Deb DeGraaf District Secretary 201 Chicago Street Marseilles, Illinois 61341 [email protected]