Full Text of SB1702 95th General Assembly
SB1702enr 95TH GENERAL ASSEMBLY
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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 | 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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LRB095 04125 RAS 24163 b |
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| 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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LRB095 04125 RAS 24163 b |
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| (105 ILCS 5/34-18.34 new)
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| Sec. 34-18.34. Student biometric information.
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| (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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LRB095 04125 RAS 24163 b |
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| 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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| Section 99. Effective date. This Act takes effect August 1, | 2 |
| 2007.
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