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Full Text of SB0415

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SB0415 - 104th General Assembly

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SB0415 Engrossed
LRB104 06653 LNS 16689 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 changing Sections
5
10-20.40 and 34-18.34 as follows:

6

(105 ILCS 5/10-20.40)
7

Sec. 10-20.40.
Student biometric information.
8

(a) For the purposes of this Section
:

,

9

"Biometric

"biometric
information" means any information
10
that is collected through an identification process for
11
individuals based on their unique behavioral or physiological
12
characteristics, including fingerprint, hand geometry, voice,
13
or facial recognition or iris or retinal scans.
14

"Biometric system" means any combination of hardware,
15
software, firmware, or tools used to obtain, collect, process,
16
store, transmit, display, or otherwise handle biometric
17
information, including, but not limited to, facial recognition
18
or voice recognition software and software to conduct
19
fingerprint, hand geometry, or iris or retinal scans.

20

"Facial recognition" means any tool using an automated or
21
semiautomated process that assists in uniquely identifying or
22
verifying a person by comparing or analyzing patterns based on
23
the person's face.

SB0415 Engrossed
- 2 -
LRB104 06653 LNS 16689 b
1

(a-5) Except for legitimate instructional purposes, as
2
determined by a school district, a school district is
3
prohibited from purchasing or otherwise acquiring biometric
4
systems to use on students. This subsection does not apply to a
5
school district that purchases or acquires a biometric system
6
but disables the biometric capabilities of that system so it
7
cannot be used on students or has no reasonable knowledge that
8
the software the school district purchased or otherwise
9
acquired has biometric capabilities.

10

(a-10) By the 2027-2028 school year, a school district
11
shall ensure that the biometric systems it uses are used only
12
for legitimate instructional purposes, as determined by the
13
school district. Within the context of the legitimate
14
instructional purposes, the use of biometric information shall
15
be solely for identification or fraud prevention. Biometric
16
systems incorporated into school-issued electronic devices for
17
identification or fraud prevention constitute a legitimate
18
instructional purpose under this Section.
19

The provisions of subsection (a-5) and this subsection
20
(a-10) regarding the use of biometric information for purposes
21
other than legitimate instructional purposes shall not affect
22
any existing contractual obligation under a contract entered
23
into before January 1, 2027 between a school district and any
24
entity for the purpose of obtaining, collecting, processing,
25
storing, transmitting, displaying, or otherwise handling
26
biometric information, as long as the contract is not extended

SB0415 Engrossed
- 3 -
LRB104 06653 LNS 16689 b
1
or rolled over if the contract may be extended or rolled over.
2
A school district that has entered into a contract with an
3
entity for the purpose of obtaining, collecting, processing,
4
storing, transmitting, displaying, or otherwise handling
5
biometric information before January 1, 2027 shall provide a
6
written notice, by the 2027-2028 school year, to the
7
individual having legal custody of the student or to the
8
student if he or she has reached the age of 18 of the existing
9
option to discontinue the use of the student's biometric
10
information under subparagraph (B) of paragraph (2) of
11
subsection (b). Any provision of a contract between an entity
12
and a school district for the purpose of obtaining,
13
collecting, processing, storing, transmitting, displaying, or
14
otherwise handling biometric information entered into on or
15
after January 1, 2027 that conflicts with this Section is
16
void.

17

(b) School districts that collect biometric information
18
from students
for legitimate instructional purposes
shall
19
adopt policies that require, at a minimum, all of the
20
following:
21

(1) Written permission from the individual who has
22

legal custody of the student, as defined in Section
23

10-20.12b of this Code, or from the student if he or she
24

has reached the age of 18.
25

(2) The discontinuation of use of a student's
26

biometric information under either of the following

SB0415 Engrossed
- 4 -
LRB104 06653 LNS 16689 b
1

conditions:
2

(A) upon the student's graduation or withdrawal
3

from the school district; or
4

(B) upon receipt in writing of a request for
5

discontinuation by the individual having legal custody
6

of the student or by the student if he or she has
7

reached the age of 18.
8

(3) The destruction of all of a student's biometric
9

information within 30 days after the use of the biometric
10

information is discontinued in accordance with item (2) of
11

this subsection (b).
12

(4)
Within the context of the legitimate instructional
13

purposes, the

The
use of biometric information solely for
14

identification or fraud prevention.
15

(5) A prohibition on the sale, lease, or other
16

disclosure of biometric information to another person or
17

entity, unless:
18

(A) the individual who has legal custody of the
19

student or the student, if he or she has reached the
20

age of 18, consents to the disclosure; or
21

(B) the disclosure is required by court order.
22

(6) The storage, transmittal, and protection of all
23

biometric information from disclosure.
24

(c) Failure to provide written consent under item (1) of
25
subsection (b) of this Section by the individual who has legal
26
custody of the student or by the student, if he or she has

SB0415 Engrossed
- 5 -
LRB104 06653 LNS 16689 b
1
reached the age of 18, must not be the basis for refusal of any
2
services otherwise available to the student.
3

(d) Student biometric information may be destroyed without
4
notification to or the approval of a local records commission
5
under the Local Records Act if destroyed within 30 days after
6
the use of the biometric information is discontinued in
7
accordance with item (2) of subsection (b) of this Section.
8

(e) Nothing in this Section may be construed to conflict
9
with a school district's obligations under federal law,
10
including, but not limited to, the Individuals with
11
Disabilities Education Act and Section 504 of the
12
Rehabilitation Act of 1973.

13
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09;
14
95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)

15

(105 ILCS 5/34-18.34)
16

Sec. 34-18.34.
Student biometric information.

17

(a) For the purposes of this Section
:

,

18

"Biometric"

"biometric
information" means any information
19
that is collected through an identification process for
20
individuals based on their unique behavioral or physiological
21
characteristics, including fingerprint, hand geometry, voice,
22
or facial recognition or iris or retinal scans.
23

"Biometric system" means any combination of hardware,
24
software, firmware, or tools used to obtain, collect, process,
25
store, transmit, display, or otherwise handle biometric

SB0415 Engrossed
- 6 -
LRB104 06653 LNS 16689 b
1
information, including, but not limited to, facial recognition
2
or voice recognition software and software to conduct
3
fingerprint, hand geometry, or iris or retinal scans.

4

"Facial recognition" means any tool using an automated or
5
semiautomated process that assists in uniquely identifying or
6
verifying a person by comparing or analyzing patterns based on
7
the person's face.

8

(a-5) Except for legitimate instructional purposes, as
9
determined by the school district, the school district is
10
prohibited from purchasing or otherwise acquiring biometric
11
systems to use on students. This subsection does not apply if
12
the school district purchases or acquires a biometric system
13
but disables the biometric capabilities of that system so it
14
cannot be used on students or has no reasonable knowledge that
15
the software the school district purchased or otherwise
16
acquired has biometric capabilities.

17

(a-10) By the 2027-2028 school year, the school district
18
shall ensure that the biometric systems it uses are used only
19
for legitimate instructional purposes, as determined by the
20
school district. Within the context of the legitimate
21
instructional purposes, the use of biometric information shall
22
be solely for identification or fraud prevention. Biometric
23
systems incorporated into school-issued electronic devices for
24
identification or fraud prevention constitute a legitimate
25
instructional purpose under this Section.
26

The provisions of subsection (a-5) and this subsection

SB0415 Engrossed
- 7 -
LRB104 06653 LNS 16689 b
1
(a-10) regarding the use of biometric information for purposes
2
other than legitimate instructional purposes shall not affect
3
any existing contractual obligation under a contract entered
4
into before January 1, 2027 between a school district and any
5
entity for the purpose of obtaining, collecting, processing,
6
storing, transmitting, displaying, or otherwise handling
7
biometric information, as long as the contract is not extended
8
or rolled over if the contract may be extended or rolled over.
9
A school district that has entered into a contract with an
10
entity for the purpose of obtaining, collecting, processing,
11
storing, transmitting, displaying, or otherwise handling
12
biometric information before January 1, 2027 shall provide a
13
written notice, by the 2027-2028 school year, to the
14
individual having legal custody of the student or to the
15
student if he or she has reached the age of 18 of the existing
16
option to discontinue the use of the student's biometric
17
information under subparagraph (B) of paragraph (2) of
18
subsection (b). Any provision of a contract between an entity
19
and a school district for the purpose of obtaining,
20
collecting, processing, storing, transmitting, displaying, or
21
otherwise handling biometric information entered into on or
22
after January 1, 2027 that conflicts with this Section is
23
void.

24

(b) If the school district collects biometric information
25
from students
for legitimate instructional purposes
, the
26
district shall adopt a policy that requires, at a minimum, all

SB0415 Engrossed
- 8 -
LRB104 06653 LNS 16689 b
1
of the following:
2

(1) Written permission from the individual who has
3

legal custody of the student, as defined in Section
4

10-20.12b of this Code, or from the student if he or she
5

has reached the age of 18.
6

(2) The discontinuation of use of a student's
7

biometric information under either of the following
8

conditions:
9

(A) upon the student's graduation or withdrawal
10

from the school district; or
11

(B) upon receipt in writing of a request for
12

discontinuation by the individual having legal custody
13

of the student or by the student if he or she has
14

reached the age of 18.
15

(3) The destruction of all of a student's biometric
16

information within 30 days after the use of the biometric
17

information is discontinued in accordance with item (2) of
18

this subsection (b).
19

(4)
Within the context of the legitimate instructional
20

purposes, the

The
use of biometric information solely for
21

identification or fraud prevention.
22

(5) A prohibition on the sale, lease, or other
23

disclosure of biometric information to another person or
24

entity, unless:
25

(A) the individual who has legal custody of the
26

student or the student, if he or she has reached the

SB0415 Engrossed
- 9 -
LRB104 06653 LNS 16689 b
1

age of 18, consents to the disclosure; or
2

(B) the disclosure is required by court order.
3

(6) The storage, transmittal, and protection of all
4

biometric information from disclosure.
5

(c) Failure to provide written consent under item (1) of
6
subsection (b) of this Section by the individual who has legal
7
custody of the student or by the student, if he or she has
8
reached the age of 18, must not be the basis for refusal of any
9
services otherwise available to the student.
10

(d) Student biometric information may be destroyed
11
without notification to or the approval of a local records
12
commission under the Local Records Act if destroyed within 30
13
days after the use of the biometric information is
14
discontinued in accordance with item (2) of subsection (b) of
15
this Section.
16

(e) Nothing in this Section may be construed to conflict
17
with the school district's obligations under federal law,
18
including, but not limited to, the Individuals with
19
Disabilities Education Act and Section 504 of the
20
Rehabilitation Act of 1973.

21
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09;
22
95-876, eff. 8-21-08.)

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