Details for IL EASTERN COMM COLLEGE - Ad from 2019-11-06

Notice Regarding Illinois Eastern Community Colleges’ Intent to Disclose Personally Identifiable Information Pursuant to Court Order The Board of Trustees of Illinois Eastern Community Colleges (IECC) makes this public notice pursuant to its obligations under the federal Family Educational Rights and Privacy Act (FERPA). FERPA affords eligible students certain rights with respect to their education records. An “eligible student” under FERPA is a student who is 18 years old or who attends a postsecondary institution at any age. One right that FERPA affords students is the right to provide written consent before their school discloses personally identifiable information (PII) in a student’s education records, except to the extent that FERPA authorizes disclosure without consent. One such exception to the consent requirement, relevant here, is that release of PII is permitted where done in compliance with a court order, on the condition that student is notified of the order in advance of the school’s compliance with the order. See 20 U.S.C. § 1232g(b)(2)(B). Federal regulations further provide that a school may disclose such information only if the school makes a “reasonable effort” to notify eligible students of the order in advance of compliance, so that eligible students may seek protective action. See 34 C.F.R. § 99.31(a)(9)(ii). The St. Clair County Circuit Court, in the matter of State of Illinois ex rel. Phillip E. Edmondson v. Board of Trustees of Illinois Eastern Community Colleges, No. 2016CH198, has ordered IECC to produce various documents that contain PII for students who either currently attend IECC or did so after 2003. Such information may include names, dates of birth, addresses, phone numbers, school student identification numbers, and grades in registered courses. IECC will comply with the Court’s order by providing the records requested, to the extent they exist. The Court has entered a Stipulated Protective Order in the case. Under that order, documents that IECC produces in the case and designates as “Confidential” must remain confidential and may not be shared by parties or lawyers in the case without the recipient of those documents being necessary for the case (e.g., expert and fact witnesses and their staffs) and signing an agreement to be bound by the Order. IECC will designate as “Confidential” all documents that contain PII. Eligible students have the right to seek protective action from the Court preventing the disclosure of their PII in this case. To do so, students must direct their request to the Court, within 14 days from the date of this notice, by filing a motion with the Court and serving a copy of the motion on the parties’ attorneys. The court clerk is located at 10 Public Square in Belleville, IL 62220. You must send a copy of your request to the attorneys for the parties listed below. Please do not send a copy of any motion directly to IECC. Counsel for Plaintiff: David Helms, GERMAN MAY PC, 8000 Maryland, Suite 1060, Clayton, MO 63105 Counsel for Defendant (IECC): Britton St. Onge, POLSINELLI PC, 100 S. Fourth St., Suite 1000, St. Louis, MO 63102 If you have questions, please contact an attorney or the U.S. Department of Education’s Family Policy Compliance Office or Student Privacy Policy Office. Neither the Court nor counsel for the parties can offer you any advice regarding your rights. Dated: November 6, 2019.

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