Sec. 765.60 - Written Policies

ยง 765.60. Written Policies

a) Written policies will be developed by each School to govern the method by which student information will be collected, the confidential nature of that information, the use to which it will be put, how it will be recorded and maintained, the period for which it will be maintained, the persons to whom it will be available and under what circumstances. All the policies shall be consistent with:

1) the Illinois School Student Records Act [105 ILCS 10];

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

3) the Illinois Program for Evaluation, Supervision, and Recognition of Schools, the Illinois State Board of Education (ISBE) Document Number 1, 1985;

4) the Family Educational Rights and Privacy Act ( 20 USC 1232(g));

5) the Illinois Department of Human Services' rules on Confidentiality (89 Ill. Adm. Code 505) and Access to Public Records (2 Ill. Adm. Code 1176);

6) Section 2a of the Communicable Disease Prevention Act [410 ILCS 315];

7) the AIDS Confidentiality Act [410 ILCS 305]; and

8) the Health Insurance Portability and Accountability Act of 1996 Privacy Rules (45 CFR 160, 162 and 164).

b) The policies shall require that all information maintained concerning a student receiving special education services be directly related to the provision of services to that student.

c) These policies shall be made known to the parents or guardians of all students receiving special education services, to the public and to any persons who are provided with all or a part of a student's records.

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Amended at 37 Ill. Reg. 11340, effective July 2, 2013

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