United States District Court, S.D. Illinois
November 2, 2005.
BRENDA WILSON, as mother and next friend of TENIESHA ADAMS, a minor, and TENIESHA ADAMS, Plaintiffs,
CAHOKIA SCHOOL DISTRICT #187, LELA PRINCE, DWAYNE COTTON, MEARL JUSTUS, and THE COUNTY of ST. CLAIR, ILLINOIS, Defendants.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
Plaintiffs' Motions to Compel (Doc. 20, 21, 23, and 25)
sought, in part, records relating to Craig Nichols, a student at
Cahokia School District #187. Defendants had objected that the
records were subject to 105 ILCS 10/6(5). The Court directed
Plaintiffs to tender a proposed order which complies with that
statute. See, Doc. 41. On October 8, 2005, Plaintiffs did so.
Defendants have not objected to the proposed order. However,
because the proposed order did not comply with all requirements
of 105 ILCS 10/6, the Court has made the necessary revisions.
IT IS THEREFORE ORDERED that any and all student records of
Craig Nichols in the possession or control of the Defendant
Cahokia School District #187 or in the possession and control of
any of the other named Defendants in this case, are to be
produced to Plaintiffs' counsel for inspection and copying
subject to the following terms:
1. Within five days of the receipt of this Order by
the Defendants' attorney, the Defendant, Cahokia School District #187 (and any
other Defendant holding or controlling such records)
shall give prompt written notice to the parent of
Craig Nichols of the terms of this Order and the
nature and substance of the information proposed to
be released in compliance with this Order.
2. The aforesaid notice to the parent of Craig
Nichols will give the parent an opportunity to
inspect and copy the student records within fourteen
days of the date of the notice.
3. The notice shall also state that the parent of
Craig Nichols has the right to challenge the
accuracy, relevance, or propriety of entries in the
record, as provided in 105 ILCS 10/7, and shall
explain the challenge procedure.
3. On the twentieth day after the date of notice to
the parent of Craig Nichols, if the parent has not
inspected and/or copied the records, or within five
days after any such inspection and/or copying by said
parent, the Defendant Cahokia School District #187
(and any other Defendant holding or controlling such
records) will produce to Plaintiffs' counsel a
complete copy of said records. However, if the parent
of Craig Nichols elects to challenge any entries in
the records, the records shall not be produced to
plaintiffs' counsel until the challenge procedure has
4. Pursuant to 105 ILCS 10/6(c), Defendants shall
maintain a record of the release of the information.
5. Pursuant to 105 ILCS 10/6(d), Plaintiffs' counsel
and plaintiffs shall not "permit any other person to
have access to such information without a prior
consent of the parent [of Craig Nichols] obtained in
accordance with the requirements of subparagraph (8)
of paragraph (a) of this Section."
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.