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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Sections | ||||||
5 | 10-20.40 and 34-18.34 as follows: | ||||||
6 | (105 ILCS 5/10-20.40 new) | ||||||
7 | Sec. 10-20.40. Student biometric information. | ||||||
8 | (a) For the purposes of this Section, "biometric | ||||||
9 | information" means any information that is collected through an | ||||||
10 | identification process for individuals based on their unique | ||||||
11 | behavioral or physiological characteristics, including | ||||||
12 | fingerprint, hand geometry, voice, or facial recognition or | ||||||
13 | iris or retinal scans. | ||||||
14 | (b) School districts that collect biometric information | ||||||
15 | from students shall adopt policies that require, at a minimum, | ||||||
16 | all of the following: | ||||||
17 | (1) Written permission from the individual who has | ||||||
18 | legal custody of the student, as defined in Section | ||||||
19 | 10-20.12b of this Code, or from the student if he or she | ||||||
20 | has reached the age of 18. | ||||||
21 | (2) The discontinuation of use of a student's biometric | ||||||
22 | information under either of the following conditions: | ||||||
23 | (A) upon the student's graduation or withdrawal |
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1 | from the school district; or | ||||||
2 | (B) upon receipt in writing of a request for | ||||||
3 | discontinuation by the individual having legal custody | ||||||
4 | of the student or by the student if he or she has | ||||||
5 | reached the age of 18. | ||||||
6 | (3) The destruction of all of a student's biometric | ||||||
7 | information within 30 days after the biometric information | ||||||
8 | is discontinued in accordance with item (2) of this | ||||||
9 | subsection (b). | ||||||
10 | (4) The use of biometric information solely for | ||||||
11 | identification or fraud prevention. | ||||||
12 | (5) A prohibition on the sale, lease, or other | ||||||
13 | disclosure of biometric information to another person or | ||||||
14 | entity, unless: | ||||||
15 | (A) the individual who has legal custody of the | ||||||
16 | student or the student, if he or she has reached the | ||||||
17 | age of 18, consents to the disclosure; or | ||||||
18 | (B) the disclosure is required by court order. | ||||||
19 | (6) The storage, transmittal, and protection of all | ||||||
20 | biometric information from disclosure. | ||||||
21 | (c) Failure to provide written consent under item (1) of | ||||||
22 | subsection (b) of this Section by the individual who has legal | ||||||
23 | custody of the student or by the student, if he or she has | ||||||
24 | reached the age of 18, must not be the basis for refusal of any | ||||||
25 | services otherwise available to the student. |
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1 | (105 ILCS 5/34-18.34 new)
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2 | Sec. 34-18.34. Student biometric information.
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3 | (a) For the purposes of this Section, "biometric | ||||||
4 | information" means any information that is collected through an | ||||||
5 | identification process for individuals based on their unique | ||||||
6 | behavioral or physiological characteristics, including | ||||||
7 | fingerprint, hand geometry, voice, or facial recognition or | ||||||
8 | iris or retinal scans. | ||||||
9 | (b) If the school district collects biometric information | ||||||
10 | from students, the district shall adopt a policy that requires, | ||||||
11 | at a minimum, all of the following: | ||||||
12 | (1) Written permission from the individual who has | ||||||
13 | legal custody of the student, as defined in Section | ||||||
14 | 10-20.12b of this Code, or from the student if he or she | ||||||
15 | has reached the age of 18. | ||||||
16 | (2) The discontinuation of use of a student's biometric | ||||||
17 | information under either of the following conditions: | ||||||
18 | (A) upon the student's graduation or withdrawal | ||||||
19 | from the school district; or | ||||||
20 | (B) upon receipt in writing of a request for | ||||||
21 | discontinuation by the individual having legal custody | ||||||
22 | of the student or by the student if he or she has | ||||||
23 | reached the age of 18. | ||||||
24 | (3) The destruction of all of a student's biometric | ||||||
25 | information within 30 days after the biometric information | ||||||
26 | is discontinued in accordance with item (2) of this |
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1 | subsection (b). | ||||||
2 | (4) The use of biometric information solely for | ||||||
3 | identification or fraud prevention. | ||||||
4 | (5) A prohibition on the sale, lease, or other | ||||||
5 | disclosure of biometric information to another person or | ||||||
6 | entity, unless: | ||||||
7 | (A) the individual who has legal custody of the | ||||||
8 | student or the student, if he or she has reached the | ||||||
9 | age of 18, consents to the disclosure; or | ||||||
10 | (B) the disclosure is required by court order. | ||||||
11 | (6) The storage, transmittal, and protection of all | ||||||
12 | biometric information from disclosure. | ||||||
13 | (c) Failure to provide written consent under item (1) of | ||||||
14 | subsection (b) of this Section by the individual who has legal | ||||||
15 | custody of the student or by the student, if he or she has | ||||||
16 | reached the age of 18, must not be the basis for refusal of any | ||||||
17 | services otherwise available to the student. | ||||||
18 | Section 90. The State Mandates Act is amended by adding | ||||||
19 | Section 8.31 as follows: | ||||||
20 | (30 ILCS 805/8.31 new) | ||||||
21 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
22 | of this Act, no reimbursement by the State is required for the | ||||||
23 | implementation of any mandate created by this amendatory Act of | ||||||
24 | the 95th General Assembly.
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1 | Section 99. Effective date. This Act takes effect August 1, | ||||||
2 | 2007.
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