HB3527 99TH GENERAL ASSEMBLY

LRB099 07342 NHT 27454 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3527

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

105 ILCS 75/10
105 ILCS 75/15

Amends the Right to Privacy in the School Setting Act. In provisions allowing a school to request or require a student (or, in addition, his or her parent or guardian with respect to post-secondary schools) to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website (or, in addition, to demand access with respect to post-secondary schools) if the school has reasonable cause to believe that the student's account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy, provides that a school does not have reasonable cause unless a victim or concerned party, such as a parent or guardian, has filed a complaint with the school or school personnel have observed cyber-bullying taking place. Effective immediately.

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 Right to Privacy in the School Setting Act is amended by changing Sections 10 and 15 as follows:

(105 ILCS 75/10)

Sec. 10. Prohibited inquiry.

(a) It is unlawful for a post-secondary school to request or require a student or his or her parent or guardian to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website or to demand access in any manner to a student's account or profile on a social networking website.

(b) Nothing in this Section limits a post-secondary school's right to do the following:

(1) promulgate and maintain lawful school policies governing the use of the post-secondary school's electronic equipment, including policies regarding Internet use, social networking website use, and electronic mail use; and

(2) monitor usage of the post-secondary school's electronic equipment and the post-secondary school's electronic mail without requesting or requiring a student to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website.

(c) Nothing in this Section prohibits a post-secondary school from obtaining information about a student that is in the public domain or that is otherwise obtained in compliance with this Act.

(d) This Section does not apply when a post-secondary school has reasonable cause to believe that a student's account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy. A post-secondary school does not have reasonable cause unless a victim or concerned party, such as a parent or guardian, has filed a complaint with the school or school personnel have observed cyber-bullying taking place.

(Source: P.A. 98-129, eff. 1-1-14.)

(105 ILCS 75/15)

Sec. 15. Notification. An elementary or secondary school must provide notification to the student and his or her parent or guardian that the elementary or secondary school may request or require a student to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website if the elementary or secondary school has reasonable cause to believe that the student's account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy. An elementary or secondary school does not have reasonable cause unless a victim or concerned party, such as a parent or guardian, has filed a complaint with the school or school personnel have observed cyber-bullying taking place. The notification must be published in the elementary or secondary school's disciplinary rules, policies, or handbook or communicated by similar means.

(Source: P.A. 98-129, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.