Homeless Education:
Violations of Zoning Ordinances or Local Housing Authority RulesIllinois State Board of Education
Legal Department
August 10, 2000
You have requested a legal opinion on the following two questions:
1. If a family admits to school personnel that they are living doubled-up
with another family in a situation which violates local zoning ordinances,
are the school personnel obligated to report the situation to the
landlord?
2. If a family admits to school personnel that they are living doubled-up
with another family in public housing set aside for single family
residence, are school personnel obligated to report the situation to
the local housing authority.Our office is unaware of any legal obligations upon school personnel either to report a local zoning ordinance violation to a landlord or to report a situation to a local housing authorities when a family's living arrangements somehow violate the authority's rules or policies about "doubling up" or exceeding an occupancy number.
Your letter also raised two additional questions:
How should your organization advise school personnel regarding the reporting of homeless families' living situations?
Are school personnel required (or even allowed) to make reports of living circumstances to any third party (e.g., landlord, Chicago Housing Authorities, etc.)?
In working with school administrators, you may share a copy of this letter with them.
With respect to violations of local ordinances or housing authority rules or policies, we are aware of no law that would prohibit a school administrator, teacher or staff person from reporting truthful, non-confidential information to a landlord or housing authority.
However, if housing information about a student is part of a school student record, that information must be treated as confidential. A student's address is expressly part of the student permanent record. Illinois School student Records Act ["Student Records Act"], Section 2(e) (105 ILCS 10/2(e)). Moreover, other information which a school maintains about a student's housing situation and which would have "clear relevance to the education of a student " would be a part of the student temporary record. Student Records Act, Section 2(f) (105 ILCS 10/2(f)). A situation of homelessness has relevance to a student's education, in that homeless status gives the student certain rights. Education for Homeless children Act (105 ILCS 45/1-1 et seq.). Because information about a student's homelessness maintained by the school is part of that student's record, it follows that this information is protected by Section 6 of the Student Records Act. Section 6 provides that "[n}o school student records or information contained therein may be released, transferred, disclosed or otherwise disseminated: unless there is a specific exception listed in Section 6. There is no exception which would permit disclosing school record information about a student's housing to a landlord or housing authority, unless consent for disclosure has been given by or through the parent or student, unless a court has ordered such disclosure, unless a State or federal law were specifically to require such disclosure, or unless (pursuant to our agency's regulations) disclosure were necessary to protect the health and safety of the student or other persons. Student Records Act, Section 6, subsections (a)(1), (a)(5), (a)(6), (a)(7) and (a)(8). See also rules of the Illinois State Board of Education at 23 Illinois Administrative Code Part 375, specifically, Section 375.10 (includes definition of student record), Section 375.60 (determining if information may be released in cases of emergency) and 375.70 (release of information generally). There is a provision that permits disclosure of "directory information" which could contain a student's address. Student Records Act, Section 6(e). However, if a parent is given opportunity to request that certain information not be released in a school directory and if the parent so requests, then the school is not permitted to disseminate the student's address as part of directory information. 23 Ill.Adm.Code 375.80 (directory information).
Under Section 4 of the Abused and Neglected Child Reporting Act (325 ILCS 5/4), persons serving in various occupational roles are required to report situations to the Illinois Department of Children and Family Services whenever there is "reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child..." Included among the list of such occupations in Section 4 are "school personnel" and an "educational advocate assigned to a child pursuant to the School Code." It is conceivable that some student living situations might trigger a reporting obligation under Section 4. However, a more specific interpretation of mandated reporter responsibilities under the Abused and Neglected Child Reporting Act, which is administered by the Illinois Department of Children and Family Services, is beyond the scope of this opinion.
Respicio F. Vazquez
General Counsel
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