New Legislation Removes Mailing Requirement for Notice of Destruction of Student Records

On July 26, 2019, Governor Pritzker signed Public Act 101-161, which becomes effective on January 1, 2020. The legislation amends the Illinois School Student Records Act by modifying the requirements that a school must abide by when providing reasonable notice of the intent to destroy student records.

Before the amendment, there was a long-standing requirement that a school must provide notice through mail whenever it intended to destroy student records. However, under the new legislation, the requirement of providing notice was broadened to include other methods a school may use to provide notice of its intent to destroy student records. These methods include: (i) notice in the school’s parent or student handbook, (ii) publication in a newspaper, or (ii) other means provided the notice is confirmed to have been received.

Additionally, the amendment also provides that if the rights and privileges accorded to a parent under the Illinois School Student Records Act have been transferred to a student, a school must give reasonable prior notice to the student, rather than the parent.

When effective, this change will allow a school to have more flexibility. It will be easier for a school to provide the proper notice without the hassle of having to mail a notice of intent every time it wishes to destroy student records.

For questions about implementing a new policy for providing notice of intent to destroy student records, please contact HLERK.

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