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Public Act 099-0460


 

Public Act 0460 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0460
 
HB3527 EnrolledLRB099 07342 NHT 27454 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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)
    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
    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 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.
(Source: P.A. 98-129, eff. 1-1-14.)
 
    (105 ILCS 75/15)
    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.
(Source: P.A. 98-129, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/25/2015