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.