{
 "topic": "FOIA section 7(1)(j) - Educational testing/evaluation records",
 "statute": "5 ILCS 140/7(1)(j)",
 "family": "FOIA exemptions (section 7)",
 "page": "https://illinoisfoia.org/issues/foia-7-1-j/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 3,
  "no_determination": 0,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "The public body relies on the student disciplinary adjudication exemption but cannot demonstrate that a formal hearing adjudicating student rights happened.",
    "why": "Under the interpretation in D960.2, the exemption applies only if a formal hearing took place. Without that, the records are not exempt.",
    "decisions": [
     {
      "title": "Security camera footage from a school event",
      "url": "https://illinoisfoia.org/opinions/letter-65306/#issue-2"
     }
    ]
   },
   {
    "text": "The public body withholds records as peer evaluation materials, but the records (such as IRB results) pertain to research monitoring, not faculty performance evaluation.",
    "why": "As D913.3 explains, peer evaluation materials must relate to faculty performance. IRB review does not evaluate faculty, so the exemption fails.",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-3"
     }
    ]
   },
   {
    "text": "The public body claims the research materials exemption for records that were not generated by or used to conduct research, like IRB review results.",
    "why": "D913.4 held that research materials must be generated by or used in conducting research. Mere oversight records do not qualify.",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-4"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The requested record is a lecture recording prepared for use in teaching a university course, even if it was shared beyond that specific course.",
    "why": "D1134.1 confirms the course materials exemption covers such recordings, and sharing beyond the course does not remove the exemption.",
    "decisions": [
     {
      "title": "A university lecture recording used in a course",
      "url": "https://illinoisfoia.org/opinions/letter-85864/#issue-1"
     }
    ]
   },
   {
    "text": "The requested records are course materials used by faculty, and the requester argues that public funding negates the exemption.",
    "why": "D1024.1 establishes that payment with public funds does not affect the course materials exemption; the records remain exempt.",
    "decisions": [
     {
      "title": "Curriculum materials on gender and sexuality education from a third-party vendor",
      "url": "https://illinoisfoia.org/opinions/letter-78019/#issue-1"
     }
    ]
   },
   {
    "text": "The records are data and observations used by faculty in testing a medical device or drug.",
    "why": "D857.1 held that such records fall under the research materials exemption because they are used to conduct research.",
    "decisions": [
     {
      "title": "Animal research protocol and medical records",
      "url": "https://illinoisfoia.org/opinions/letter-35091/#issue-1"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "State that the public body must prove a formal hearing adjudicated student rights before it can claim the disciplinary adjudication exemption.",
    "why": "",
    "decisions": [
     {
      "title": "Security camera footage from a school event",
      "url": "https://illinoisfoia.org/opinions/letter-65306/#issue-2"
     }
    ]
   },
   {
    "text": "Argue that the records do not evaluate faculty performance, so the peer evaluation exemption does not apply (for example, IRB results monitor research, not instructors).",
    "why": "",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-3"
     }
    ]
   },
   {
    "text": "Show that the records were not generated by or used to conduct research; merely being related to a research project is not enough for the research materials exemption.",
    "why": "",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-4"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether a formal hearing adjudicating student rights occurred.",
   "Whether the records were created as part of a process that monitors research rather than evaluates faculty performance.",
   "Whether the records were generated by or used to conduct research, or are instead administrative oversight."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that a lecture recording shared outside the course loses its status as exempt course materials.",
    "why": "",
    "decisions": [
     {
      "title": "A university lecture recording used in a course",
      "url": "https://illinoisfoia.org/opinions/letter-85864/#issue-1"
     }
    ]
   },
   {
    "text": "Arguing that the use of public funds for course materials eliminates the exemption.",
    "why": "",
    "decisions": [
     {
      "title": "Curriculum materials on gender and sexuality education from a third-party vendor",
      "url": "https://illinoisfoia.org/opinions/letter-78019/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that any record reviewed by an institutional review board qualifies as peer evaluation material.",
    "why": "",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-3"
     }
    ]
   },
   {
    "text": "Treating all research-related records as exempt, when the exemption only covers records generated by or used to conduct research.",
    "why": "",
    "decisions": [
     {
      "title": "An internal investigation into a professor's research and IRB process",
      "url": "https://illinoisfoia.org/opinions/letter-53007/#issue-4"
     }
    ]
   }
  ],
  "caution": "These notes rely on non-binding Attorney General determination letters; each case depends on its facts. Review the full PDF of any cited decision before relying on it."
 },
 "issues": [
  {
   "issue": "Denial of lecture recording under course materials exemption",
   "outcome": "no_violation",
   "rule": "A lecture recording prepared for use in teaching a university course is exempt as course materials even if shared beyond the specific course.",
   "decision": {
    "title": "A university lecture recording used in a course",
    "date": "2025-10-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-85864/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 78019, issued January 5, 2024",
     "url": "https://illinoisfoia.org/opinions/letter-78019/"
    },
    {
     "text": "Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415 (2006)",
     "url": null
    },
    {
     "text": "Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401, 407 (1997)",
     "url": null
    }
   ]
  },
  {
   "issue": "Withholding course materials under section 7(1)(j)(iv)",
   "outcome": "no_violation",
   "rule": "Course materials used by faculty are exempt from disclosure, and payment with public funds does not affect the exemption.",
   "decision": {
    "title": "Curriculum materials on gender and sexuality education from a third-party vendor",
    "date": "2024-01-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-78019/"
   },
   "authorities": []
  },
  {
   "issue": "Section 7(1)(j)(iii) student disciplinary adjudication exemption",
   "outcome": "violation_found",
   "rule": "CPS did not show a formal hearing adjudicating student rights occurred, so the disciplinary adjudication exemption did not apply.",
   "decision": {
    "title": "Security camera footage from a school event",
    "date": "2022-04-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-65306/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 11072, issued February 9, 2011",
     "url": null
    }
   ]
  },
  {
   "issue": "Withholding IRB results as peer evaluation materials",
   "outcome": "violation_found",
   "rule": "IRB review results are not exempt as peer evaluation materials because the IRB process monitors research, not faculty performance.",
   "decision": {
    "title": "An internal investigation into a professor's research and IRB process",
    "date": "2019-02-01",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-53007/"
   },
   "authorities": []
  },
  {
   "issue": "Withholding IRB results as research materials",
   "outcome": "violation_found",
   "rule": "IRB review results are not exempt as research materials because they were not generated by or used to conduct research.",
   "decision": {
    "title": "An internal investigation into a professor's research and IRB process",
    "date": "2019-02-01",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-53007/"
   },
   "authorities": []
  },
  {
   "issue": "Animal medical records as research materials",
   "outcome": "no_violation",
   "rule": "Records consisting of data and observations used by faculty in testing a medical device or drug are exempt research materials.",
   "decision": {
    "title": "Animal research protocol and medical records",
    "date": "2015-07-14",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-35091/"
   },
   "authorities": []
  }
 ]
}