Illinois General Assembly - Full Text of Public Act 095-0232
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Public Act 095-0232


 

Public Act 0232 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0232
 
SB1702 Enrolled LRB095 04125 RAS 24163 b

    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 34-18.34 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) School districts that collect biometric information
from students shall adopt policies that require, at a minimum,
all of the following:
        (1) Written permission from the individual who has
    legal custody of the student, as defined in Section
    10-20.12b of this Code, or from the student if he or she
    has reached the age of 18.
        (2) The discontinuation of use of a student's biometric
    information under either of the following conditions:
            (A) upon the student's graduation or withdrawal
        from the school district; or
            (B) upon receipt in writing of a request for
        discontinuation by the individual having legal custody
        of the student or by the student if he or she has
        reached the age of 18.
        (3) The destruction of all of a student's biometric
    information within 30 days after the biometric information
    is discontinued in accordance with item (2) of this
    subsection (b).
        (4) The use of biometric information solely for
    identification or fraud prevention.
        (5) A prohibition on the sale, lease, or other
    disclosure of biometric information to another person or
    entity, unless:
            (A) the individual who has legal custody of the
        student or the student, if he or she has reached the
        age of 18, consents to the disclosure; or
            (B) the disclosure is required by court order.
        (6) The storage, transmittal, and protection of all
    biometric information from disclosure.
    (c) Failure to provide written consent under item (1) of
subsection (b) of this Section by the individual who has legal
custody of the student or by the student, if he or she has
reached the age of 18, must not be the basis for refusal of any
services otherwise available to the student.
 
    (105 ILCS 5/34-18.34 new)
    Sec. 34-18.34. 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 collects biometric information
from students, the district shall adopt a policy that requires,
at a minimum, all of the following:
        (1) Written permission from the individual who has
    legal custody of the student, as defined in Section
    10-20.12b of this Code, or from the student if he or she
    has reached the age of 18.
        (2) The discontinuation of use of a student's biometric
    information under either of the following conditions:
            (A) upon the student's graduation or withdrawal
        from the school district; or
            (B) upon receipt in writing of a request for
        discontinuation by the individual having legal custody
        of the student or by the student if he or she has
        reached the age of 18.
        (3) The destruction of all of a student's biometric
    information within 30 days after the biometric information
    is discontinued in accordance with item (2) of this
    subsection (b).
        (4) The use of biometric information solely for
    identification or fraud prevention.
        (5) A prohibition on the sale, lease, or other
    disclosure of biometric information to another person or
    entity, unless:
            (A) the individual who has legal custody of the
        student or the student, if he or she has reached the
        age of 18, consents to the disclosure; or
            (B) the disclosure is required by court order.
        (6) The storage, transmittal, and protection of all
    biometric information from disclosure.
    (c) Failure to provide written consent under item (1) of
subsection (b) of this Section by the individual who has legal
custody of the student or by the student, if he or she has
reached the age of 18, must not be the basis for refusal of any
services otherwise available to the student.
 
    Section 90. The State Mandates Act is amended by adding
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. 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 95th General Assembly.
 
    Section 99. Effective date. This Act takes effect August 1,
2007.

Effective Date: 8/16/2007