SB2549 94TH GENERAL ASSEMBLY

LRB094 18753 MKM 54135 b

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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Sections 10-20.40 and 34-18.33 as follows:

(105 ILCS 5/10-20.40 new)

Sec. 10-20.40. Student biometric information.

(a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.

(b) 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, whether it is the parent or guardian of the student or another individual, or (ii) the student, if he or she has reached the age of 18. The choice of the individual who legally enrolled the student not to approve the collection of the student's biometric information or the choice of a student who has reached the age of 18 not to participate in the collection of his or her biometric information must not be a basis for refusal of any services otherwise available to the student.

(c) The school or school district must discontinue the use of a student's biometric information under either of the following conditions:

(1) Upon the student's graduation or withdrawal from the school or school district.

(2) If, at any time, the discontinuation is requested, in writing, by the individual who legally enrolled the student, whether it is the parent or guardian of the student or another individual, or by any student who has reached the age of 18. Within 30 days after the collection of biometric information is discontinued in accordance with this subsection (b), the school or school district must destroy all of the biometric information it collected from that student.

(d) If the school district or a school collects a student's biometric information, then all of the following apply:

(1) The school or district may not use the biometric information for any purpose other than identification or fraud prevention.

(2) The school or district may not sell, lease, or otherwise disclose the biometric information to another person or entity unless:

(A) the individual who legally enrolled the student, whether it is the parent or guardian of the student or another individual, or the student, if the student has reached the age of 18, consents to the disclosure; or

(B) the disclosure is required by court order.

(3) The school or district must store, transmit, and protect all biometric information from disclosure using reasonable care and in a manner that is the same as or more protective than the manner in which the school or school district stores, transmits, and protects its other confidential information.

(105 ILCS 5/34-18.33 new)

Sec. 34-18.33. Student biometric information.

(a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.

(b) If the school district or any public school within the 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, whether it is the parent or guardian of the student or another individual, or (ii) the student, if he or she has reached the age of 18. The choice of the individual who legally enrolled the student not to approve the collection of the student's biometric information or the choice of a student who has reached the age of 18 not to participate in the collection of his or her biometric information must not be a basis for refusal of any services otherwise available to the student.

(c) If the school district or any public school within the district collects a student's biometric information, it must discontinue the use of that student's biometric information under either of the following conditions:

(1) Upon the student's graduation or withdrawal from the school or school district.

(2) If, at any time, the discontinuation is requested, in writing, by the individual who legally enrolled the student, whether it is the parent or guardian of the student or another individual, or by any student who has reached the age of 18. Within 30 days after the collection of biometric information is discontinued in accordance with this subsection (b), the school or school district must destroy all of the biometric information it collected from that student.

(d) If the school district or a school collects a student's biometric information, then all of the following apply:

(1) It may not use the biometric information for any purpose other than identification or fraud prevention.

(2) It may not sell, lease, or otherwise disclose the biometric information to another person or entity unless:

(A) the individual who legally enrolled the student, whether it is the parent or guardian of the student or another individual, or the student, if the student has reached the age of 18, consents to the disclosure; or

(B) the disclosure is required by court order.

(3) It must store, transmit, and protect all biometric information from disclosure using reasonable care and in a manner that is the same as or more protective than the manner in which the school or school district stores, transmits, and protects its other confidential information.

Section 90. The State Mandates Act is amended by adding Section 8.30 as follows:

(30 ILCS 805/8.30 new)

Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

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