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| Public Act 099-0460 | ||||
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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 Right to Privacy in the School Setting Act | ||||
is amended by changing Sections 10 and 15 as follows: | ||||
(105 ILCS 75/10)
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Sec. 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
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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.
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(d) This Section does not prohibit a post-secondary school | ||
from conducting an investigation or
requiring a student to | ||
cooperate in an investigation if there is specific information | ||
about activity on the student's account on a social networking | ||
website that violates a school disciplinary rule or policy. In | ||
the course of an investigation, the student may be required to | ||
share the content that is reported in order to make a factual | ||
determination. 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.
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(Source: P.A. 98-129, eff. 1-1-14.) | ||
(105 ILCS 75/15)
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Sec. 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 not | ||
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. 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 | ||
conduct an investigation or require a student to cooperate in | ||
an investigation if there is specific information about | ||
activity on the student's account on a social networking | ||
website that violates a school disciplinary rule or policy. In | ||
the course of an investigation, the student may be required to | ||
share the content that is reported in order to make a factual | ||
determination. Notification under this Section The | ||
notification must be published in the elementary or secondary | ||
school's disciplinary rules, policies, or handbook or | ||
communicated by similar means.
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(Source: P.A. 98-129, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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