HB1559 Engrossed

LRB095 10164 RAS 30378 b






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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 
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10-20.40 and 34-18.34 as follows:
 
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    (105 ILCS 5/10-20.40  new)
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    Sec. 10-20.40. Student biometric information.
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    (a)  For the purposes of this Section, "biometric 
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information" means any information that is collected through an 
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identification process for individuals based on their unique 
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behavioral or physiological characteristics, including 
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fingerprint, hand geometry, voice, or facial recognition or 
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iris or retinal scans.
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    (b) School districts that collect biometric information 
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from students shall adopt policies that require, at a minimum, 
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all of the following:
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        (1) Written permission from the individual who has 
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    legal custody of the student, as defined in Section 
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    10-20.12b of this Code, or from the student if he or she 
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    has reached the age of 18.
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        (2) The discontinuation of use of a student's biometric 
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    information under either of the following conditions:
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            (A) upon the student's graduation or withdrawal 
 


 






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LRB095 10164 RAS 30378 b




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        from the school district; or
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            (B) upon receipt in writing of a request for 
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        discontinuation by the individual having legal custody 
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        of the student or by the student if he or she has 
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        reached the age of 18.
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        (3) The destruction of all of a student's biometric 
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    information within 30 days after the biometric information 
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    is discontinued in accordance with item (2) of this 
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    subsection (b).
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        (4) The use of biometric information solely for 
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    identification or fraud prevention.
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        (5) A prohibition on the sale, lease, or other 
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    disclosure of biometric information to another person or 
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    entity, unless:
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            (A) the individual who has legal custody of the 
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        student or the student, if he or she has reached the  
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        age of 18, consents to the disclosure; or
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            (B) the disclosure is required by court order.
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        (6) The storage, transmittal, and protection of all 
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    biometric information from disclosure.
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    (c) Failure to provide written consent under item (1) of 
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subsection (b) of this Section by the individual who has legal 
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custody of the student or by the student, if he or she has 
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reached the age of 18, must not be the basis for refusal of any 
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services otherwise available to the student.
 
 


 






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    (105 ILCS 5/34-18.34 new)

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    Sec. 34-18.34. Student biometric information.

3
    (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.
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    (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:
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        (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.
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        (2) The discontinuation of use of a student's biometric 
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    information under either of the following conditions:
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            (A) upon the student's graduation or withdrawal 
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        from the school district; or
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            (B) upon receipt in writing of a request for 
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        discontinuation by the individual having legal custody 
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        of the student or by the student if he or she has 
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        reached the age of 18.
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        (3) The destruction of all of a student's biometric 
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    information within 30 days after the biometric information 
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    is discontinued in accordance with item (2) of this 
 


 






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    subsection (b).
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        (4) The use of biometric information solely for 
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    identification or fraud prevention.
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        (5) A prohibition on the sale, lease, or other 
5
    disclosure of biometric information to another person or 
6
    entity, unless:
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            (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.
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        (6) The storage, transmittal, and protection of all 
12
    biometric information from disclosure.
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    (c) Failure to provide written consent under item (1) of 
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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 
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services otherwise available to the student.
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 

 


 






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    Section 99. Effective date. This Act takes effect August 1, 
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2007.