Schools May Be Forced to Provide Photocopies of Test Questions When the Test Question Booklets Contain Student Markings or Other Identifying Information
On March 30, 2009 the Appellate Court of the First District examined the Illinois School Records Act. In Garlick v. Oak Park & River Forest High Sch. Dist. # 200, 2009 Ill. App. LEXIS 160 (Ill. App. Ct. 1st Dist. Mar. 30, 2009) the Plaintiff, Mr. Garlick, requested a copy of his daughter’s Advanced Algebra test booklets. His daughter’s answers and calculations were recorded on the test booklets along with her name.
As a response to the request, the school district provided photocopies of the test booklets that contained the questions and answers but redacted the test questions from the copies. The district claimed the questions contained no identifiable student information. Further, the district allegedly allowed Plaintiff to review the test booklets and hand copy questions as long as the test was not photocopied. The district wanted to preserve the test questions to be used again in subsequent years.
The same court previously held that a school district did not have to allow the photocopying of test questions of a scantron test because there were separate booklets for questions and answers. The test book that contained the questions did not contain any student marks or identifying marks and therefore could not be considered a student record under the Illinois School Records Act.
In this case, both parties acknowledge the Plaintiff’s daughter wrote her name, answers, and calculations on the Advanced Algebra test question booklets. The Plaintiff argued he was entitled to an un-redacted photocopy of the booklets under the Illinois School Records Act.
Section 2(d) of the Illinois School Records Act defines a school student record as “any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its discretion or by an employee of a school, regardless of how or where the information is stored.” 105 ILCS 10/2(d). The court held the test booklet falls within the act and therefore the Plaintiff was entitled to a photocopy of the tests without redactions of the test questions.
The court also relied on Section 5(d) citing that the school may charge reasonable costs for the copying of school student records 105 ICLS 10/5(d). This language strongly suggests that photocopying is appropriate as the statute specifically addresses costs for copying.
As a result of this ruling, if a district wants to prevent the photocopying of test questions to preserve the questions for future years, the test must:
1. maintain separate booklets for questions and answers; and
2. not allow any indentifying marks on the question booklet.