Public Act 098-0129
 
HB0064 EnrolledLRB098 02685 NHT 32691 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the Right 
to Privacy in the School Setting Act.
 
    Section 5. Definitions.   In this Act:
    "Elementary or secondary school" means a public
elementary 
or secondary school or school district or a
nonpublic school 
recognized by the State Board of Education.
    "Post-secondary school" means an institution of higher 
learning as defined in the Higher Education Student Assistance 
Act.
    "Social networking  website" means an Internet-based 
service that allows  individuals to do the following:
        (1) construct a public or semi-public profile within a
    
    bounded system created by the service;
        (2) create a list of other users with whom they share a
    
    connection within the system; and
        (3) view and navigate their list of connections and
    
    those made by others within the system.
"Social networking website" does not include electronic
mail.
 
    Section 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.
 
    Section 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. The  notification must be 
published in the elementary or secondary school's disciplinary 
rules, policies, or handbook or communicated by similar means.
 
    Section 20. Penalty.  A post-secondary school or an agent 
of a post-secondary school who violates this Act is guilty of a 
petty offense.