Garlick v. Oak Park and River Forest High School District #200

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State: Illinois

Court: 1st District Appellate

Docket No: 1-08-2017 Rel

Case Date: 03/30/2009

Preview:FIRST DIVISION March 30, 2009

No. 1-08-2017 WARREN R. GARLICK, Plaintiff-Appellant, v. OAK PARK AND RIVER FOREST HIGH SCHOOL DISTRICT #200, Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County.

Honorable Nancy J. Arnold, Judge Presiding.

JUSTICE WOLFSON delivered the opinion of the court: This dispute has all the earmarks of a schoolyard squabble, each side holding to its position with grim determination. Still, there is a point to be made. The issue has to do with whether a student's father can require a high school to copy and hand over his daughter's algebra test booklets. To address this issue we are required to

examine the Illinois School Records Act (Act) (105 ILCS 10/2 (West 2006)). Plaintiff Warren Garlick, Keri Garlick's father, filed a declaratory judgment action against defendant Oak Park - River Forest High School District #200 (OPRF), seeking an unredacted photocopy of two of Keri's Advanced Algebra test question booklets. The trial court dismissed the complaint, finding the

Advanced Algebra test questions were not student records under

1-08-2017 the Act. We conclude the Act requires the school, under the circumstances of this case, to copy and give to the plaintiff the test booklets. FACTS During the 2005-2006 school year, Keri was a freshman at Oak Park and River Forest High School. She was enrolled in both an Her father, the We refer to them We reverse and remand.

Advanced Algebra and Honors Biology course.

plaintiff, has filed two lawsuits against OPRF. as Garlick I and Garlick II. appeal. Garlick I Lawsuit

Only Garlick II is at issue in this

Plaintiff submitted a written request to the OPRF Superintendent requesting copies of all test questions administered to his daughter during the first quarter of her freshman Honors Biology course. The Superintendent told

plaintiff that because the teacher re-used the test questions, and because the question booklets contained no information identifying Keri, plaintiff was not entitled to copies of the test booklets under the Act. Instead, plaintiff was offered an

opportunity to examine the test booklets on school property or to bring the test booklets home for review, as long as he returned the booklets the next day and did not make a photocopy. He was

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1-08-2017 permitted to hand-copy any of the questions he wanted to review. On December 22, 2005, plaintiff filed a complaint for injunctive and other relief against OPRF, seeking a declaratory judgment that the biology test questions were student records under the Act. Following an in camera review of the test

questions, the trial court found they were not student records under the Act. This court affirmed the trial court's order,

holding "[a] test booklet devoid of student marks or other identifying information neither concerns an individual student nor individually identifies a student, and thus cannot constitute a student record within the meaning of the Act." See Garlick v.

Oak Park and River Forest High School District #200, No. 1

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