The Illinois School Student Records Act and the Illinois Mental Health and Developmental Disabilities Confidentiality Act

The Illinois School Student Records Act and the Illinois Mental Health and Developmental Disabilities Confidentiality Act require school records confidentiality. This applies to all education records, including educational assessments, disciplinary records, mental health records, counseling notes, and psychiatric evaluations. If you feel your child’s school records confidentiality has been breached or that the record contains incorrect or inappropriate information, we can help.

Improper release of confidential information or the dissemination of inaccurate information can cause irreparable damage to your child’s ability to get the education they deserve. You have the right to dispute the records release in a school record hearing or other civil litigation.

The attorneys and advocates of Whitted, Takiff + Hansen, LLC, have decades of experience representing parents and students the greater Chicago area, Cook County, Lake County, DuPage County, and the other collar counties, and throughout northern Illinois. We understand the state and federal guidelines that apply to school records and confidentiality. We take these matters very seriously, and we know how to protect your rights and those of your child.

School records confidentiality breaches typically involve a teacher or other staff member sharing private or inaccurate information with parents, students or other members of the community.

Our lawyers can help you determine the course of action that is most appropriate for your situation, then represent you as you seek redress for the improperly released or inaccurate information.

Contact us through this Web site or by calling 847-564-8662 to discuss issues involving school records and confidentiality with an experienced education lawyer or advocate.

Practice Areas for Professionals

The state agency, the Illinois Department of Financial and Professional Regulation, has the legislative mandate of both licensing and disciplining members of many professions represented in Illinois. These professions include social workers, psychologists, licensed clinical counselors and speech-language pathologists. The firm of Whitted Cleary & Takiff LLC has substantial experience in representing these professionals in defense of their licenses in response to complaints filed against them with the IDFPR.

The Illinois School Student Records Act and the Illinois Mental Health and Developmental Disabilities Confidentiality Act require school records confidentiality. This applies to all education records, including educational assessments, disciplinary records, mental health records, counseling notes, and psychiatric evaluations. If you feel your child’s school records confidentiality has been breached or that the record contains incorrect or inappropriate information, we can help.

The Illinois Mental Health and Developmental Disabilities Confidentiality Act (“MHDDCA”), 740 ILCS 110/1 et seq., provides protection for communications between mental health practitioners and their patients. Pursuant to the MHDDCA, no disclosures of confidential information may be made to anyone without the express written permission of the patient except in a few, very specific, exceptions. One of those exceptions is the duty to warn.

WTH staff is extremely knowledgeable regarding federal and state mental health laws and has experience representing professionals in all areas of mental health and confidentiality laws.

Mental health professionals provide a valuable public service, which involves not only being able to navigate both the research-based worlds of therapy and education, but also the daily business-oriented tasks which can sometimes become overwhelming and extraordinarily time-consuming. Your own financial well-being must be protected as well. WTH has experience with a myriad of issues relating to how mental health and education services are provided, and is well-versed in the issues surrounding employment contracts and partnership agreements related to the employment of mental health professionals. We can represent you when these disputes occur, and can provide advise and consultation in order to prevent these disputes from occurring again.

WTH offers years of experience in the civil and criminal litigation arena, and our representation of professionals in the state and federal courts encompasses various areas, including contract disputes, arbitration issues, administrative hearing appeals, as well as to the areas of school, special education and mental health laws. While the firm prides itself on working to resolve disputes without litigation, we have the experience and knowledge to represent you in both civil and criminal law matters that are related to education and mental health issues.