Mercer County School District Superintendent Tim Farquer is due back in court on Tuesday.
On Oct. 20, Farquer’s preliminary hearing was continued to Nov. 4. Arguments from the prosecution and defense to establish probable cause in the case are expected to wrap up on Tuesday.
Farquer was arrested in September, along with Mercer County School District IT workers Amberly Norton and Andrea Long, following an Aledo Police Department investigation into a complaint accusing Mercer County School District employees of illegally accessing students’ medical records.
Earlier this month, Aledo Police Department Detective Lindsey Kenney testified that she received the complaint from a Mercer County School District nurse, who reported Farquer had requested information regarding hand-foot-and-mouth disease cases in the district. Farquer was accused of creating a Google Drive spreadsheet and sharing it with the nurses in the school district, and another teacher who serves as a union representative for the teachers’ union.
When asked by Farquer’s defense attorney if she reviewed the Illinois School Student Records Act before arresting him, Kenney said she did not.
The Illinois School Student Records Act includes medical records as part of a student’s permanent or temporary records and allows schools to share student health records with staff who have “a legitimate educational interest,” without parental consent, but other disclosures require consent.
Following the arrests in September, the Mercer County School District Board of Education released the following statement:
“Under the Illinois School Student Records Act (“ISSRA”), student health records are explicitly defined as part of the student’s school record. Their use by teachers, school nurses, and support staff is not only common but necessary to meet the educational and developmental needs of our students. Moreover, the management of these records—including secure digital access—is administered by the district’s IT department, consistent with best practices and statutory obligations.
The Board emphasizes that these records are governed by the Family Educational Rights and Privacy Act and ISSRA, not by HIPAA or medical privacy laws applicable to healthcare providers. Their use within the school setting is lawful, regulated, and essential to the functioning of our educational mission.”
Farquer has been placed on paid administrative leave by the Mercer County School District.
Long and Norton have waived their preliminary hearings and will return to court in January.
Farquer, Long and Norton have all pleaded not guilty to all charges. All three are charged with a Class A misdemeanor of unauthorized access to medical records, a Class A misdemeanor of computer tampering, and a Class 3 felony of official misconduct.