ISSRA, Not FOIA: Clarifying Parents’ Avenue to Access Educational Records

Parents have the right to access their student’s educational records. However, there can be confusion as to which avenue under the law they can or should pursue for access to these student records.

Under the Illinois Freedom of Information Act (FOIA), upon a written request, a parent can access records in possession of a school district subject to exemptions. (5 ILCS 140/1). Notably, though, the Illinois School Student Records Act (ISSRA) is specifically tailored to afford parents the right to access their student’s educational records. (105 ILCS 10/1). When a parent requests access to their student’s educational records, records possessed and maintained by schools in which their student may be individually identifiable, their request falls within ISSRA’s definition of a “school student record.” (105 ILCS 10/2(d)). Importantly, FOIA includes an exception that prevents the release of student records protected by ISSRA. (5 ILCS 140(7.5)(r); 105 ILCS 10/6(a)).

While parents often submit a written request to access their student’s educational records under FOIA, the Illinois Public Access Counselor (PAC) recently affirmed, in a nonbinding January 30, 2026 decision, that ISSRA, not FOIA, governs a parent’s right to request their student’s educational records.  

Therefore, as confirmed by the Illinois PAC, if a parent makes a request for their student’s educational records under FOIA, it is appropriate to indicate that a student’s educational records are not subject to disclosure under FOIA and inform the parent that their request will be processed under ISSRA instead. This ensures that the proper process is followed, and the request is appropriately handled within the applicable legal avenue. Should you have any questions about requests for student records under FOIA, please do not hesitate to reach out to any Robbins Schwartz attorney.