95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1559

 

Introduced 2/22/2007, by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.40 new
105 ILCS 5/34-18.34 new
30 ILCS 805/8.31 new

    Amends the School Code. Provides that if a public school or school district collects biometric information from students, it may do so only with, at a minimum, written permission from (i) the individual who legally enrolled the student or (ii) the student, if he or she has reached the age of 18. Prohibits the school or school district from refusing any services otherwise available to the student for withholding permission. Sets forth conditions for collecting and using the information. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective August 1, 2007.


LRB095 10164 RAS 30378 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1559 LRB095 10164 RAS 30378 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by adding Sections
5 10-20.40 and 34-18.34 as follows:
 
6     (105 ILCS 5/10-20.40 new)
7     Sec. 10-20.40. Student biometric information.
8     (a) For the purposes of this Section, "biometric
9 information" means any information that is collected through an
10 identification process for individuals based on their unique
11 behavioral or physiological characteristics, including
12 fingerprint, hand geometry, voice, or facial recognition or
13 iris or retinal scans.
14     (b) If a public school or school district collects
15 biometric information from students, it may do so only with, at
16 a minimum, written permission from (i) the individual who
17 legally enrolled the student, whether it is the parent or
18 guardian of the student or another individual, or (ii) the
19 student, if he or she has reached the age of 18. The choice of
20 the individual who legally enrolled the student not to approve
21 the collection of the student's biometric information or the
22 choice of a student who has reached the age of 18 not to
23 participate in the collection of his or her biometric

 

 

HB1559 - 2 - LRB095 10164 RAS 30378 b

1 information must not be a basis for refusal of any services
2 otherwise available to the student.
3     (c) The school or school district must discontinue the use
4 of a student's biometric information under either of the
5 following conditions:
6         (1) Upon the student's graduation or withdrawal from
7     the school or school district.
8         (2) If, at any time, the discontinuation is requested,
9     in writing, by the individual who legally enrolled the
10     student, whether it is the parent or guardian of the
11     student or another individual, or by any student who has
12     reached the age of 18.
13 Within 30 days after the collection of biometric information is
14 discontinued in accordance with this subsection (b), the school
15 or school district must destroy all of the biometric
16 information it collected from that student.
17     (d) If the school district or a school collects a student's
18 biometric information, then all of the following apply:
19         (1) The school or district may not use the biometric
20     information for any purpose other than identification or
21     fraud prevention.
22         (2) The school or district may not sell, lease, or
23     otherwise disclose the biometric information to another
24     person or entity unless:
25             (A) the individual who legally enrolled the
26         student, whether it is the parent or guardian of the

 

 

HB1559 - 3 - LRB095 10164 RAS 30378 b

1         student or another individual, or the student, if the
2         student has reached the age of 18, consents to the
3         disclosure; or
4             (B) the disclosure is required by court order.
5         (3) The school or district must store, transmit, and
6     protect all biometric information from disclosure using
7     reasonable care and in a manner that is the same as or more
8     protective than the manner in which the school or school
9     district stores, transmits, and protects its other
10     confidential information.
 
11     (105 ILCS 5/34-18.34 new)
12     Sec. 34-18.34. Student biometric information.
13     (a) For the purposes of this Section, "biometric
14 information" means any information that is collected through an
15 identification process for individuals based on their unique
16 behavioral or physiological characteristics, including
17 fingerprint, hand geometry, voice, or facial recognition or
18 iris or retinal scans.
19     (b) If the school district or any public school within the
20 district collects biometric information from students, it may
21 do so only with, at a minimum, written permission from (i) the
22 individual who legally enrolled the student, whether it is the
23 parent or guardian of the student or another individual, or
24 (ii) the student, if he or she has reached the age of 18. The
25 choice of the individual who legally enrolled the student not

 

 

HB1559 - 4 - LRB095 10164 RAS 30378 b

1 to approve the collection of the student's biometric
2 information or the choice of a student who has reached the age
3 of 18 not to participate in the collection of his or her
4 biometric information must not be a basis for refusal of any
5 services otherwise available to the student.
6     (c) If the school district or any public school within the
7 district collects a student's biometric information, it must
8 discontinue the use of that student's biometric information
9 under either of the following conditions:
10         (1) Upon the student's graduation or withdrawal from
11     the school or school district.
12         (2) If, at any time, the discontinuation is requested,
13     in writing, by the individual who legally enrolled the
14     student, whether it is the parent or guardian of the
15     student or another individual, or by any student who has
16     reached the age of 18.
17 Within 30 days after the collection of biometric information is
18 discontinued in accordance with this subsection (b), the school
19 or school district must destroy all of the biometric
20 information it collected from that student.
21     (d) If the school district or a school collects a student's
22 biometric information, then all of the following apply:
23         (1) It may not use the biometric information for any
24     purpose other than identification or fraud prevention.
25         (2) It may not sell, lease, or otherwise disclose the
26     biometric information to another person or entity unless:

 

 

HB1559 - 5 - LRB095 10164 RAS 30378 b

1             (A) the individual who legally enrolled the
2         student, whether it is the parent or guardian of the
3         student or another individual, or the student, if the
4         student has reached the age of 18, consents to the
5         disclosure; or
6             (B) the disclosure is required by court order.
7         (3) It must store, transmit, and protect all biometric
8     information from disclosure using reasonable care and in a
9     manner that is the same as or more protective than the
10     manner in which the school or school district stores,
11     transmits, and protects its other confidential
12     information.
 
13     Section 90. The State Mandates Act is amended by adding
14 Section 8.31 as follows:
 
15     (30 ILCS 805/8.31 new)
16     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
17 of this Act, no reimbursement by the State is required for the
18 implementation of any mandate created by this amendatory Act of
19 the 95th General Assembly.
 
20     Section 99. Effective date. This Act takes effect August 1,
21 2007.