Illinois General Assembly - Full Text of HB0064
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Full Text of HB0064  98th General Assembly


Rep. La Shawn K. Ford

Filed: 2/19/2013





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2    AMENDMENT NO. ______. Amend House Bill 64 by replacing
3everything after the enacting clause with the following:
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    "Elementary or secondary school" means a public elementary
8or secondary school or school district or a nonpublic school
9recognized by the State Board of Education.
10    "Post-secondary school" means an institution of higher
11learning as defined in the Higher Education Student Assistance
13    "Social networking website" means an Internet-based
14service that allows individuals to do the following:
15        (1) construct a public or semi-public profile within a
16    bounded system created by the service;



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1        (2) create a list of other users with whom they share a
2    connection within the system; and
3        (3) view and navigate their list of connections and
4    those made by others within the system.
5"Social networking website" does not include electronic mail.
6    Section 10. Prohibited inquiry.
7    (a) It is unlawful for a post-secondary school to request
8or require a student or his or her parent or guardian to
9provide a password or other related account information in
10order to gain access to the student's account or profile on a
11social networking website or to demand access in any manner to
12a student's account or profile on a social networking website.
13    (b) Nothing in this Section limits a post-secondary
14school's right to do the following:
15        (1) promulgate and maintain lawful school policies
16    governing the use of the post-secondary school's
17    electronic equipment, including policies regarding
18    Internet use, social networking website use, and
19    electronic mail use; and
20        (2) monitor usage of the post-secondary school's
21    electronic equipment and the post-secondary school's
22    electronic mail without requesting or requiring a student
23    to provide a password or other related account information
24    in order to gain access to the student's account or profile
25    on a social networking website.



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1    (c) Nothing in this Section prohibits a post-secondary
2school from obtaining information about a student that is in
3the public domain or that is otherwise obtained in compliance
4with this Act.
5    (d) This Section does not apply when a post-secondary
6school has reasonable cause to believe that a student's account
7on a social networking website contains evidence that the
8student has violated a school disciplinary rule or policy.
9    Section 15. Expectations and notification. An elementary
10or secondary school must establish expectations for students
11regarding the use of social networking websites, which shall
12include notification to the student and his or her parent or
13guardian that the elementary or secondary school may request or
14require a student to provide a password or other related
15account information in order to gain access to the student's
16account or profile on a social networking website if the
17elementary or secondary school has reasonable cause to believe
18that the student's account on a social networking website
19contains evidence that the student has violated a school
20disciplinary rule or policy. These expectations and the
21notification must be published in the elementary or secondary
22school's disciplinary rules, policies, or handbook or
23communicated by similar means.
24    Section 20. Penalty. A post-secondary school or an agent



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1of a post-secondary school who violates this Act is guilty of a
2petty offense.".