Amid an outbreak of hand, foot, and mouth disease earlier this school year in Mercer County School District 404, Superintendent Tim Farquer ordered a school nurse to compile information about the six students who had contracted the highly contagious viral illness.
That was as public health officials said they would need the district to report some information about the outbreak if the district reached a certain threshold of cases.
In September, Farquer put the information in a spreadsheet located on the district’s Google Drive, with privacy settings allowing the district’s nurses and a junior high teacher who serves as a union representative to access the document.
The spreadsheet reportedly included names, contact information, and vaccination history for the students.
That’s the basis for felony misconduct charges against Farquer, 53, as well as misdemeanor charges of computer tampering and illegally accessing student medical records. He is on paid leave from the school district after being arrested last month.
Farquer appeared in Mercer County court Monday morning with attorney Doug Scovil for a preliminary hearing on the felony charges. A preliminary hearing is not required for the misdemeanor charges.
Scovil asked to submit a memo to the court explaining why the misdemeanor charges do not apply. He also said those misdemeanor charges are the basis for the felony charges.
Judge Matthew Durbin granted that request, pushing Farquer’s preliminary hearing back to Nov. 4.
But prior to that, the court heard some testimony in the case when Mercer County State’s Attorney Grace Simpson called Lindsey Kenney to the stand.
Kenney is a detective with the Aledo Police Department. She testified the investigation began when Amber Wood, the school nurse at Mercer County High School, registered a complaint. That was after Farquer asked her to compile the information about students who contracted hand, foot, and mouth disease.
Wood reportedly told police she was uncomfortable with compiling the information, but did so after Farquer told her it was “a directive.”
Kenney also reviewed email messages between Wood and Farquer without subpoenaing them, according to testimony.
Kenney said police seized electronics from the district and interviewed Farquer as part of the investigation. She said Farquer told police he wasn’t sure why the file containing student medical information was shared with the union rep.
Kenney mentioned federal HIPAA and FERPA laws in her testimony. Defense attorney Scovil pointed out that HIPAA governs release of medical information by medical professionals.
He also argued that Farquer is being “tarred and feathered” by the detective’s interpretation of the law. He asked Kenney if she was familiar with the Illinois School Student Records Act, the state law that protects student records and medical privacy. Kenney said she wasn’t.
Under ISSRA, the superintendent of schools is considered the records custodian for a school district. A superintendent is allowed to collect and maintain student records, including medical records, in a secure way. But release of the records without parental consent is only allowed if it’s necessary for student safety or educational purposes.
The school board issued a statement after Farquer's arrest, saying students' medical records are part of their school records.
"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," the statement read.
State’s Attorney Simpson maintained there was no educational purpose for compiling the information, nor was there a public health emergency. She said the “totality of the circumstances” led to the charges, and she acknowledged that it is a complex case.
Farquer was hired as superintendent last year. Prior to that, he served as superintendent of Williamsfield Community Unit School District 210 in rural Knox County.
Two tech employees for the school district face the same charges as Farquer. Andrea Long and Amber Norton, both 41, waived their rights to preliminary hearings on Monday and both pleaded not guilty.
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