94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2549


 
Introduced 1/18/2006, by Sen. Miguel del Valle
 
SYNOPSIS AS INTRODUCED:
 		













105 ILCS 5/10-20.40 new






105 ILCS 5/34-18.33 new






30 ILCS 805/8.30 new










    Amends the School Code. Provides that if a public school or school district collects biometric information from students, it may do so only with, at a minimum, written permission from (i) the individual who legally enrolled the student or (ii) the student, if he or she has reached the age of 18. Prohibits the school or school district from refusing any services otherwise available to the student for withholding permission. Sets forth conditions for collecting and using the information. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective August 1, 2006.
















LRB094 18753 MKM 54135 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2549

LRB094 18753 MKM 54135 b






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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The School Code is amended  by adding Sections 
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10-20.40 and 34-18.33 as follows:
 
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    (105 ILCS 5/10-20.40  new)
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    Sec. 10-20.40. Student biometric information.
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    (a)  For the purposes of this Section, "biometric 
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information" means any information that is collected through an 
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identification process for individuals based on their unique 
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behavioral or physiological characteristics, including 
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fingerprint, hand geometry, voice, or facial recognition or 
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iris or retinal scans.
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    (b) If a public school or school district collects 
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biometric information from students, it may do so only with, at 
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a minimum, written permission from (i) the individual who 
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legally enrolled the student, whether it is the parent or 
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guardian of the student or another individual, or (ii) the 
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student, if he or she has reached the age of 18.  The choice of 
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the individual who legally enrolled the student not to approve 
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the  collection of the student's biometric information or the 
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choice of a student who has reached the age of 18 not to 
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participate in the collection of his or her biometric 
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information must not be a basis for refusal of any services 
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otherwise available to the student.
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    (c) The school or school district must discontinue the use 
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of a student's biometric information under either of the 
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following conditions:
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        (1) Upon the student's graduation or withdrawal from 
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    the school or school district.
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        (2) If, at any time, the discontinuation is requested, 
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    in writing, by the individual who legally enrolled the 
 


 






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    student, whether it is the parent or  guardian of the 
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    student or another individual, or by any student who has 
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    reached the age of 18.
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Within 30 days after  the collection of biometric information is 
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discontinued in accordance with this subsection (b), the school 
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or school district must destroy all of the biometric 
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information it collected from that student.
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    (d) If the school district or a school collects a student's 
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biometric information, then all of the following apply:
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        (1) The school or district may not use the biometric 
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    information for any purpose other than identification or 
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    fraud prevention.
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        (2) The school or district may not sell, lease, or 
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    otherwise disclose the biometric information to another 
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    person or entity unless:
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            (A) the individual who legally enrolled the 
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        student, whether it is the parent or guardian of the 
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        student or another individual, or the student, if the 
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        student has reached the age of 18, consents to the 
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        disclosure; or
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            (B) the disclosure is required by court order.
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        (3) The school or district must store, transmit, and 
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    protect all biometric information from disclosure using 
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    reasonable care and in a manner that is the same as or more 
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    protective than the manner in which the school or school 
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    district stores, transmits, and protects its other 
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    confidential information.
 
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    (105 ILCS 5/34-18.33  new)
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    Sec. 34-18.33. Student biometric information.
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    (a)  For the purposes of this Section, "biometric 
31
information" means any information that is collected through an 
32
identification process for individuals based on their unique 
33
behavioral or physiological characteristics, including 
34
fingerprint, hand geometry, voice, or facial recognition or 
35
iris or retinal scans.
 


 






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    (b) If the school district or any public school within the 
2
district collects biometric information from students, it may 
3
do so only with, at a minimum, written permission from (i) the 
4
individual who legally enrolled the student, whether it is the 
5
parent or guardian of the student or another individual, or 
6
(ii) the student, if he or she has reached the age of 18.  The 
7
choice of the individual who legally enrolled the student not 
8
to approve the  collection of the student's biometric 
9
information or the choice of a student who has reached the age 
10
of 18 not to participate in the collection of his or her 
11
biometric information must not be a basis for refusal of any 
12
services otherwise available to the student.
13
    (c) If the school district or any public school within the 
14
district collects a student's biometric information, it must 
15
discontinue the use of that student's biometric information 
16
under either of the following conditions:
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        (1) Upon the student's graduation or withdrawal from 
18
    the school or school district.
19
        (2) If, at any time, the discontinuation is requested, 
20
    in writing, by the individual who legally enrolled the 
21
    student, whether it is the parent or  guardian of the 
22
    student or another individual, or by any student who has 
23
    reached the age of 18.
24
Within 30 days after  the collection of biometric information is 
25
discontinued in accordance with this subsection (b), the school 
26
or school district must destroy all of the biometric 
27
information it collected from that student.
28
    (d) If the school district or a school collects a student's 
29
biometric information, then all of the following apply:
30
        (1) It may not use the biometric information for any 
31
    purpose other than identification or fraud prevention.
32
        (2) It may not sell, lease, or otherwise disclose the 
33
    biometric information to another person or entity unless:
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            (A) the individual who legally enrolled the 
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        student, whether it is the parent or guardian of the 
36
        student or another individual, or the student, if the 
 


 






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        student has reached the age of 18, consents to the 
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        disclosure; or
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            (B) the disclosure is required by court order.
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        (3) It must store, transmit, and protect all biometric 
5
    information from disclosure using reasonable care and in a 
6
    manner that is the same as or more protective than the 
7
    manner in which the school or school district stores, 
8
    transmits, and protects its other confidential 
9
    information.
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.30 as follows:
 
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    (30 ILCS 805/8.30 new)
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    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 94th General Assembly.
 

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    Section 99. Effective date. This Act takes effect August 1, 
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2006.