Illinois School Student Records Act

As instances of litigation have increased over the past couple of years, it is important for schools and school administrators to understand their duty to comply with subpoenas. Failure to comply can result in both civil and criminal contempt. While compliance can be time consuming and frustrating, it is a necessary function of litigation. Additionally, a failure to comply only lengthens and complicates the litigation.

In a December 2013 decision, the First District Appellate Court of Illinois limited a union's ability to request information about students as a part of the duty to bargain in good faith. Educational employers' statutory duty to bargain in good faith includes an obligation on the part of the employer to provide the union with information upon request.