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| Public Act 095-0232 |
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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 | ||||
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)
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Sec. 34-18.34. Student biometric information.
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(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.
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Section 99. Effective date. This Act takes effect August 1, | ||
2007.
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