98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0064

 

Introduced 1/9/2013, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Privacy in the School Setting Act. Defines "school" as an institution of higher learning as defined in the Higher Education Student Assistance Act, a public elementary or secondary school or school district, or a nonpublic school recognized by the State Board of Education. Provides that it is unlawful for a school to request or require a student or prospective 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 or prospective student's account or profile on a social networking website or to demand access in any manner to a student's or prospective student's account or profile on a social networking website. Provides that a school or an agent of a school who violates the Act is guilty of a petty offense.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Right
5to Privacy in the School Setting Act.
 
6    Section 5. Definitions. In this Act:
7    "School" means an institution of higher learning as defined
8in the Higher Education Student Assistance Act, a public
9elementary or secondary school or school district, or a
10nonpublic school recognized by the State Board of Education.
11    "Social networking website" means an Internet-based
12service that allows individuals to do the following:
13        (1) construct a public or semi-public profile within a
14    bounded system created by the service;
15        (2) create a list of other users with whom they share a
16    connection within the system; and
17        (3) view and navigate their list of connections and
18    those made by others within the system.
19"Social networking website" does not include electronic mail.
 
20    Section 10. Prohibited inquiry.
21    (a) It is unlawful for a school to request or require a
22student or prospective student or his or her parent or guardian

 

 

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1to provide a password or other related account information in
2order to gain access to the student's or prospective student's
3account or profile on a social networking website or to demand
4access in any manner to a student's or prospective student's
5account or profile on a social networking website.
6    (b) Nothing in this Section limits a school's right to do
7the following:
8        (1) promulgate and maintain lawful school policies
9    governing the use of the school's electronic equipment,
10    including policies regarding Internet use, social
11    networking website use, and electronic mail use; and
12        (2) monitor usage of the school's electronic equipment
13    and the school's electronic mail without requesting or
14    requiring a student or prospective student to provide a
15    password or other related account information in order to
16    gain access to the student's or prospective student's
17    account or profile on a social networking website.
18    (c) Nothing in this Section prohibits a school from
19obtaining information about a student or prospective student
20that is in the public domain or that is otherwise obtained in
21compliance with this Act.
 
22    Section 15. Penalty. A school or an agent of a school who
23violates this Act is guilty of a petty offense.