Federal and state laws protect access to a student's education records. These laws are:

• The Family Educational Rights and Privacy Act (FERPA), and 
• The Illinois School Student Records Act.

The only time a school should be able to get a student's education records is if you or your parents agree in writing.

Education records:

• Relate to a student, and
• Are maintained by an educational agency or institution.

Education records are:

• Grades and test scores,
• Attendance records,
• Transcripts,
• Class lists,
• Student course schedules,
• Health and immunization records,
• Student financial information, and 
• Discipline reports.

Education records are not:

• Records that are kept in the sole possession of the maker,
• Employee records,
• Records kept by law enforcement,
• Health and mental health records,
• Records kept in normal course of business, for example, emails, and,
• Grades on peer-graded papers before they are collected and recorded by a teacher.

The Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is a federal law. It gives eligible students the right to privacy of education records. If a high-school student under the age of 18, the student's parents have the same rights under FERPA. This is not the case if the school has evidence that revokes those rights.

FERPA applies to any public or private educational agency or institution that receives federal funding. If a public school or private school violates a student's privacy rights, you can sue in court. If the private school you want to sue does not receive federal funding, you cannot sue under FERPA.

The Illinois School Student Records Act

In Illinois, the Illinois School Student Records Act protects access to a student's education records.

This law states that a school may only share your student records with a different district when:

• It is voluntary,

• The sharing only applies to a student enrolled in both districts and the student intends to enroll in the high school district, and

• The school does not share more information with another district than it would within the same district.

This Act is similar to FERPA. Penalties for violating the Act may include:

• Injunctive relief,
• Damages, and
• Attorneys fees.

If your education records privacy has been violated, a lawsuit might be necessary to:

• Force a school to give you access to certain education records,
• Prevent a school from disclosing personal information, or
• Recover damages for unlawful violations of your privacy. This can include compensation for emotional pain and suffering.

Filing such a lawsuit is very complicated. If you are interested in doing this, you should talk to a lawyer.

You may also file a written complaint with the Family Policy Compliance Office, U.S. Department of Education. The Office's address is:

Family Policy Compliance Office, U.S. Department of Education

400 Maryland Avenue, SW.

Washington, DC 20202