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SB3735 • 2026

EDUC-TECH RTS/BIOMETRIC INFO

EDUC-TECH RTS/BIOMETRIC INFO

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Robert F. Martwick
Last action
2026-05-22
Official status
Rule 3-9(a) / Re-referred to Assignments
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

EDUC-TECH RTS/BIOMETRIC INFO

EDUC-TECH RTS/BIOMETRIC INFO

What This Bill Does

  • EDUC-TECH RTS/BIOMETRIC INFO

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-05-22 Illinois General Assembly

    Rule 3-9(a) / Re-referred to Assignments

  2. 2026-05-15 Illinois General Assembly

    Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026

  3. 2026-04-24 Illinois General Assembly

    Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026

  4. 2026-04-14 Illinois General Assembly

    Added as Chief Co-Sponsor Sen. Karina Villa

  5. 2026-04-14 Illinois General Assembly

    Added as Chief Co-Sponsor Sen. Mary Edly-Allen

  6. 2026-04-14 Illinois General Assembly

    Added as Chief Co-Sponsor Sen. Rachel Ventura

  7. 2026-03-27 Illinois General Assembly

    Rule 2-10 Committee Deadline Established As April 24, 2026

  8. 2026-03-13 Illinois General Assembly

    Rule 2-10 Committee Deadline Established As March 27, 2026

  9. 2026-02-25 Illinois General Assembly

    To AI and Social Media

  10. 2026-02-24 Illinois General Assembly

    Assigned to Executive

  11. 2026-02-05 Illinois General Assembly

    Filed with Secretary by Sen. Robert F. Martwick

  12. 2026-02-05 Illinois General Assembly

    First Reading

  13. 2026-02-05 Illinois General Assembly

    Referred to Assignments

Official Summary Text

EDUC-TECH RTS/BIOMETRIC INFO

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Illinois General Assembly - Full Text of SB3735

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3735

Introduced 2/5/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

New Act
105 ILCS 5/10-20.40
105 ILCS 5/34-18.34
105 ILCS 85/5
105 ILCS 85/10
105 ILCS 85/15
105 ILCS 85/25

Creates the Student Educational Technologies Rights Act. Provides
that it is the policy of the State that a student and the student's parent
have the right to: opt out of school-issued personal electronic devices,
electronic textbooks, electronic required reading, or electronic or online
assignments; request a human teacher review any automated scored grade or
scored grade generated by artificial intelligence; and opt out of
predictive analytics systems without academic penalty. Amends the School
Code. Removes language allowing school districts that collect biometric
information from students to adopt specified policies. Prohibits a school
district from purchasing or otherwise acquiring biometric systems to use
on students. Establishes prohibitions for a school district with respect
to biometric systems and biometric information of its students. Sets forth
requirements on the destruction of biometric information in the possession
of a school district. Makes other changes. Amends the Student Online
Personal Protection Act. Prohibits an operator from selling or renting any
other person's information collected by the operator for K through 12
school purposes or permitting artificial intelligence to train on covered
information unless for K through 12 school purposes or in furtherance of
improving operability and functionality of the operator's service.
Provides, with exceptions, that an operator's artificial intelligence
model shall not train on a student's covered information and retain the
training data indefinitely. Makes other and conforming changes.
LRB104 19296 LNS 32742 b

A BILL FOR

SB3735
LRB104 19296 LNS 32742 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 1.
Short title.
This Act may be cited as the
5
Student Educational Technologies Rights Act.

6

Section 5.
Legislative findings; intent.
7

(a) The General Assembly finds all of the following:
8

(1) Within schools, online services and other
9

technologies to help students learn are now deeply
10

embedded throughout every grade level.
11

(2) At the same time, there are growing concerns about
12

how student technology use is contributing to youth mental
13

health crises, privacy and security risks, cyberbullying,
14

and reduced attention and ability to focus.
15

(3) An overwhelming number of parents have expressed
16

that it is growing increasingly difficult to protect their
17

children from the harms online and exasperated by
18

technology use. Because technologies are so prevalent
19

throughout almost every aspect of a child's life,
20

including school, parents face challenges when trying to
21

opt their children out of technology use.
22

(4) With the introduction of artificial intelligence,
23

students are growing increasingly concerned about the

SB3735
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LRB104 19296 LNS 32742 b
1

automation of tasks traditionally performed by a teacher,
2

including grading. When artificial intelligence can
3

hallucinate inaccurate results, students want the ability
4

to ensure they can trust that grading through artificial
5

intelligence or by automation meets the same standards of
6

the teaching profession within this State.
7

(b) This Act is intended to provide parents with the
8
ability to exercise their parental rights with relation to
9
their child's technology use and provide students and parents
10
with rights associated with educational technologies.

11

Section 10.
Definitions.
As used in this Act:
12

"Artificial intelligence" has the meaning given to that
13
term in Section 2-101 of the Illinois Human Rights Act.
14

"Parent" has the meaning given to that term under the
15
Section 2 of the Illinois School Student Records Act.
16

"School" means (i) any preschool, public kindergarten,
17
elementary or secondary educational institution, vocational
18
school, special educational facility, or any other elementary
19
or secondary educational agency or institution or (ii) any
20
person, agency, or institution that maintains school student
21
records from more than one school.
22

"Student" has the meaning given to that term under Section
23
2 of the Illinois School Student Records Act.

24

Section 15.
Student educational technology rights.

SB3735
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LRB104 19296 LNS 32742 b
1

(a) It is the policy of this State that a student and the
2
student's parent have the right to:
3

(1) opt out of school-issued personal electronic
4

devices, electronic textbooks, electronic required
5

reading, or electronic or online assignments;
6

(2) request a human teacher review any automated
7

scored grade or scored grade generated by artificial
8

intelligence; and
9

(3) opt out of predictive analytics systems without
10

academic penalty.
11

(b) If a student or a student's parent exercises the right
12
outlined in subsection (a), the school shall provide the
13
student with a comparable analog version of what the
14
educational technology provides.
15

As used in this subsection, "comparable analog version"
16
includes, but is not limited to, providing the assignment on
17
physical paper, a physical copy of the required reading, or
18
the option of a physical paper textbook.

19

Section 20.
The School Code is amended by changing
20
Sections 10-20.40 and 34-18.34 as follows:

21

(105 ILCS 5/10-20.40)
22

Sec. 10-20.40.
Student biometric information.
23

(a) For the purposes of this Section
:

,

24

"
Biometric

biometric
information" means any information

SB3735
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LRB104 19296 LNS 32742 b
1
that is collected through an identification process for
2
individuals based on their unique behavioral or physiological
3
characteristics, including fingerprint, hand geometry, voice,
4
or facial recognition or iris or retinal scans.
5

"Biometric system" means any combination of hardware,
6
software, firmware, or tools used to obtain, collect, process,
7
store, transmit, display, or otherwise handle biometric
8
information, including, but not limited to, facial or voice
9
recognition software and software to conduct fingerprint, hand
10
geometry, or iris or retinal scans.
11

"Facial recognition" means any tool using an automated or
12
semiautomated process that assists in uniquely identifying or
13
verifying a person by comparing or analyzing patterns based on
14
the person's face.

15

(b)
A school district is prohibited from purchasing or
16
otherwise acquiring biometric systems, including facial
17
recognition software, to use on students.

School districts
18
that collect biometric information from students shall adopt
19
policies that require, at a minimum, all of the following:
20

(1) Written permission from the individual who has
21

legal custody of the student, as defined in Section
22

10-20.12b of this Code, or from the student if he or she
23

has reached the age of 18.
24

(2) The discontinuation of use of a student's
25

biometric information under either of the following
26

conditions:

SB3735
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LRB104 19296 LNS 32742 b
1

(A) upon the student's graduation or withdrawal
2

from the school district; or
3

(B) upon receipt in writing of a request for
4

discontinuation by the individual having legal custody
5

of the student or by the student if he or she has
6

reached the age of 18.
7

(3) The destruction of all of a student's biometric
8

information within 30 days after the use of the biometric
9

information is discontinued in accordance with item (2) of
10

this subsection (b).
11

(4) The use of biometric information solely for
12

identification or fraud prevention.
13

(5) A prohibition on the sale, lease, or other
14

disclosure of biometric information to another person or
15

entity, unless:
16

(A) the individual who has legal custody of the
17

student or the student, if he or she has reached the
18

age of 18, consents to the disclosure; or
19

(B) the disclosure is required by court order.
20

(6) The storage, transmittal, and protection of all
21

biometric information from disclosure.
22

(b-5) A school district may not do any of the following
23
with respect to students:
24

(1) Obtain, retain, possess, access, request, or use
25

biometric systems or biometric information derived from
26

biometric systems.

SB3735
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LRB104 19296 LNS 32742 b
1

(2) Enter into an agreement with a third party for the
2

purpose of obtaining, retaining, possessing, accessing, or
3

using, by or on behalf of the school district, biometric
4

systems, including facial recognition software or
5

biometric information derived from biometric systems.
6

(b-10) Within 30 days after the effective date of this
7
amendatory Act of the 104th General Assembly, if a school
8
district is in possession of student biometric information,
9
then the school district shall destroy the biometric
10
information and provide certified documentation of destruction
11
to the State Board of Education.
12

(b-15) Within 30 days after the effective date of this
13
amendatory Act of the 104th General Assembly, any school
14
district that has contracted with a third party to obtain,
15
collect, or store student biometric information shall require
16
the third party to destroy the biometric information in its
17
possession and confirm in writing the completion of this
18
destruction to the school district.
19

(b-20) During the 30-day period in which a school district
20
may still have student biometric information in its possession
21
under subsection (b-10), the school district is prohibited
22
from selling, leasing, or otherwise disclosing the biometric
23
information to another person or entity unless:
24

(1) the individual who has legal custody of the
25

student or the student, if he or she has reached the age of
26

18, consents to the disclosure; or

SB3735
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LRB104 19296 LNS 32742 b
1

(2) the disclosure is required by court order.

2

(c)
(Blank).

Failure to provide written consent under item
3
(1) of subsection (b) of this Section by the individual who has
4
legal custody of the student or by the student, if he or she
5
has reached the age of 18, must not be the basis for refusal of
6
any services otherwise available to the student.
7

(d) Student biometric information may be destroyed without
8
notification to or the approval of a local records commission
9
under the Local Records Act if destroyed within 30 days after
10
the
effective date of this amendatory Act of the 104th General
11
Assembly

use of the biometric information is discontinued in
12
accordance with item (2) of subsection (b) of this Section
.
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

SB3735
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LRB104 19296 LNS 32742 b
1
information, including, but not limited to, facial or voice
2
recognition software and software to conduct fingerprint, hand
3
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

(b)
The school district is prohibited from purchasing or
9
otherwise acquiring biometric systems, including facial
10
recognition software, to use on students.

If the school
11
district collects biometric information from students, the
12
district shall adopt a policy that requires, at a minimum, all
13
of the following:
14

(1) Written permission from the individual who has
15

legal custody of the student, as defined in Section
16

10-20.12b of this Code, or from the student if he or she
17

has reached the age of 18.
18

(2) The discontinuation of use of a student's
19

biometric information under either of the following
20

conditions:
21

(A) upon the student's graduation or withdrawal
22

from the school district; or
23

(B) upon receipt in writing of a request for
24

discontinuation by the individual having legal custody
25

of the student or by the student if he or she has
26

reached the age of 18.

SB3735
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LRB104 19296 LNS 32742 b
1

(3) The destruction of all of a student's biometric
2

information within 30 days after the use of the biometric
3

information is discontinued in accordance with item (2) of
4

this subsection (b).
5

(4) The use of biometric information solely for
6

identification or fraud prevention.
7

(5) A prohibition on the sale, lease, or other
8

disclosure of biometric information to another person or
9

entity, unless:
10

(A) the individual who has legal custody of the
11

student or the student, if he or she has reached the
12

age of 18, consents to the disclosure; or
13

(B) the disclosure is required by court order.
14

(6) The storage, transmittal, and protection of all
15

biometric information from disclosure.
16

(b-5) The school district may not do any of the following
17
with respect to students:
18

(1) Obtain, retain, possess, access, request, or use
19

biometric systems or biometric information derived from
20

biometric systems.
21

(2) Enter into an agreement with a third party for the
22

purpose of obtaining, retaining, possessing, accessing, or
23

using, by or on behalf of the school district, biometric
24

systems, including facial recognition software or
25

biometric information derived from biometric systems.
26

(b-10) Within 30 days after the effective date of this

SB3735
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LRB104 19296 LNS 32742 b
1
amendatory Act of the 104th General Assembly, if the school
2
district is in possession of student biometric information,
3
then the school district shall destroy the biometric
4
information and provide certified documentation of destruction
5
to the State Board of Education.
6

(b-15) Within 30 days after the effective date of this
7
amendatory Act of the 104th General Assembly, if the school
8
district has contracted with a third party to obtain, collect,
9
or store student biometric information, then the school
10
district shall require the third party to destroy the
11
biometric information in its possession and confirm in writing
12
the completion of this destruction to the school district.
13

(b-20) During the 30-day period in which the school
14
district may still have student biometric information in its
15
possession under subsection (b-10), the school district is
16
prohibited from selling, leasing, or otherwise disclosing the
17
biometric information to another person or entity unless:
18

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

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

18, consents to the disclosure; or
21

(2) the disclosure is required by court order.

22

(c)
(Blank).

Failure to provide written consent under item
23
(1) of subsection (b) of this Section by the individual who has
24
legal custody of the student or by the student, if he or she
25
has reached the age of 18, must not be the basis for refusal of
26
any services otherwise available to the student.

SB3735
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LRB104 19296 LNS 32742 b
1

(d) Student biometric information may be destroyed without
2
notification to or the approval of a local records commission
3
under the Local Records Act if destroyed within 30 days after
4
the
effective date of this amendatory Act of the 104th General
5
Assembly

use of the biometric information is discontinued in
6
accordance with item (2) of subsection (b) of this Section
.
7
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09;
8
95-876, eff. 8-21-08.)

9

Section 25.
The Student Online Personal Protection Act is
10
amended by changing Sections 5, 10, 15, and 25 as follows:

11

(105 ILCS 85/5)
12

Sec. 5.
Definitions.
In this Act:
13

"Artificial intelligence" has the meaning given to that
14
term in Section 2-101 of the Illinois Human Rights Act.

15

"Breach" means the unauthorized acquisition of
16
computerized data that compromises the security,
17
confidentiality, or integrity of covered information
18
maintained by an operator or school. "Breach" does not include
19
the good faith acquisition of personal information by an
20
employee or agent of an operator or school for a legitimate
21
purpose of the operator or school if the covered information
22
is not used for a purpose prohibited by this Act or subject to
23
further unauthorized disclosure.
24

"Covered information" means personally identifiable

SB3735
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LRB104 19296 LNS 32742 b
1
information or material or information
or data that is
2
gathered from personally identifiable information or material
3
through artificial intelligence or information
that is linked
4
to personally identifiable information or material in any
5
media or format that is not publicly available and is any of
6
the following:
7

(1) Created by or provided to an operator by a student
8

or the student's parent in the course of the student's or
9

parent's use of the operator's site, service, or
10

application for K through 12 school purposes.
11

(2) Created by or provided to an operator by an
12

employee or agent of a school or school district for K
13

through 12 school purposes.
14

(3) Gathered by an operator through the operation of
15

its site, service, or application for K through 12 school
16

purposes and personally identifies a student, including,
17

but not limited to, information in the student's
18

educational record or electronic mail, first and last
19

name, home address, telephone number, electronic mail
20

address, or other information that allows physical or
21

online contact, discipline records, test results, special
22

education data, juvenile dependency records, grades,
23

evaluations, criminal records, medical records, health
24

records, a social security number, biometric information,
25

disabilities, socioeconomic information, food purchases,
26

political affiliations, religious information, text

SB3735
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LRB104 19296 LNS 32742 b
1

messages, documents, student identifiers, search activity,
2

photos, voice recordings,
or
geolocation information
,
3

digital replicas, or data collected through the use of
4

artificial intelligence
.
5

"Digital replica" has the meaning given to that term
6

in Section 5 of the Right of Publicity Act.

7

"Interactive computer service" has the meaning ascribed to
8
that term in Section 230 of the federal Communications Decency
9
Act of 1996 (47 U.S.C. 230).
10

"K through 12 school purposes" means purposes that are
11
directed by or that customarily take place at the direction of
12
a school, teacher, or school district; aid in the
13
administration of school activities, including, but not
14
limited to, instruction in the classroom or at home,
15
administrative activities, and collaboration between students,
16
school personnel, or parents; or are otherwise for the use and
17
benefit of the school.
18

"Longitudinal data system" has the meaning given to that
19
term under the P-20 Longitudinal Education Data System Act.
20

"Operator" means, to the extent that an entity is
21
operating in this capacity, the operator of an Internet
22
website, online service, online application,
or
mobile
23
application
, or artificial intelligence model
with actual
24
knowledge that the site, service,
or
application
, or model
is
25
used primarily for K through 12 school purposes and was
26
designed and marketed for K through 12 school purposes.

SB3735
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LRB104 19296 LNS 32742 b
1

"Parent" has the meaning given to that term under the
2
Illinois School Student Records Act.
3

"School" means (1) any preschool, public kindergarten,
4
elementary or secondary educational institution, vocational
5
school, special educational facility, or any other elementary
6
or secondary educational agency or institution or (2) any
7
person, agency, or institution that maintains school student
8
records from more than one school. Except as otherwise
9
provided in this Act, "school" includes a private or nonpublic
10
school.
11

"State Board" means the State Board of Education.
12

"Student" has the meaning given to that term under the
13
Illinois School Student Records Act.
14

"Targeted advertising" means presenting advertisements to
15
a student where the advertisement is selected based on
16
information obtained or inferred from that student's online
17
behavior, usage of applications, or covered information. The
18
term does not include advertising to a student at an online
19
location based upon that student's current visit to that
20
location or in response to that student's request for
21
information or feedback, without the retention of that
22
student's online activities or requests over time for the
23
purpose of targeting subsequent ads.
24
(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21
.)

25

(105 ILCS 85/10)

SB3735
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LRB104 19296 LNS 32742 b
1

Sec. 10.
Operator prohibitions.
An operator shall not
2
knowingly do any of the following:
3

(1) Engage in targeted advertising on the operator's
4

site, service,
or
application
, or model
or target
5

advertising on any other site, service,
or
application
, or
6

model
if the targeting of the advertising is based on any
7

information, including covered information and persistent
8

unique identifiers, that the operator has acquired because
9

of the use of that operator's site, service,
or

10

application
, or model
for K through 12 school purposes.
11

(2) Use information, including persistent unique
12

identifiers, created or gathered by the operator's site,
13

service,
or
application
, or model
to amass a profile about
14

a student, except in furtherance of K through 12 school
15

purposes. "Amass a profile" does not include the
16

collection and retention of account information that
17

remains under the control of the student, the student's
18

parent, or the school.
19

(3) Sell or rent a student's information
or data
,
20

including covered information
or any other person's
21

information collected by the operator for K through 12
22

school purposes
. This subdivision (3) does not apply to
23

the purchase, merger, or other type of acquisition of an
24

operator by another entity if the operator or successor
25

entity complies with this Act regarding previously
26

acquired student information.

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1

(3.5) Permit artificial intelligence to train on
2

covered information unless for K through 12 school
3

purposes or in furtherance of improving operability and
4

functionality of the operator's service.

5

(4) Except as otherwise provided in Section 20 of this
6

Act, disclose covered information, unless the disclosure
7

is made for the following purposes:
8

(A) In furtherance of the K through 12 school
9

purposes of the site, service,
or
application
, or
10

model
if the recipient of the covered information
11

disclosed under this clause (A) does not further
12

disclose the information, unless done to allow or
13

improve operability and functionality of the
14

operator's site, service, or application.
Improving
15

operability does not include disclosing covered
16

information to any third party to train artificial
17

intelligence that is not for K through 12 school
18

purposes.

19

(B) To ensure legal and regulatory compliance or
20

take precautions against liability.
21

(C) To respond to the judicial process.
22

(D) To protect the safety or integrity of users of
23

the site or others or the security of the site,
24

service,
or
application
, or model
.
25

(E) For a school, educational, or employment
26

purpose requested by the student or the student's

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LRB104 19296 LNS 32742 b
1

parent, provided that the information is not used or
2

further disclosed for any other purpose.
3

(F) To a third party if the operator contractually
4

prohibits the third party from using any covered
5

information for any purpose other than providing the
6

contracted service to or on behalf of the operator,
7

prohibits the third party from disclosing any covered
8

information provided by the operator with subsequent
9

third parties, and requires the third party to
10

implement and maintain security procedures and
11

practices as required under Section 15.
12

Nothing in this Section prohibits the operator's use of
13
information for maintaining, developing, supporting,
14
improving, or diagnosing the operator's site, service, or
15
application.
16
(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21
.)

17

(105 ILCS 85/15)
18

Sec. 15.
Operator duties.
An operator shall do the
19
following:
20

(1) Implement and maintain reasonable security
21

procedures and practices that otherwise meet or exceed
22

industry standards designed to protect covered information
23

from unauthorized access, destruction, use, modification,
24

or disclosure.
25

(2) Delete, within a reasonable time period, a

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LRB104 19296 LNS 32742 b
1

student's covered information if the school or school
2

district requests deletion of covered information under
3

the control of the school or school district, unless a
4

student or his or her parent consents to the maintenance
5

of the covered information.
6

An operator's artificial intelligence model shall not
7

train on a student's covered information and retain the
8

training data indefinitely, unless it first:
9

(A) informs the student or his or her parent in
10

writing that the operator's artificial intelligence
11

model will retain training data indefinitely; and
12

(B) receives a written consent from the student or
13

his or her parent.

14

(3) Publicly disclose material information about its
15

collection, use, and disclosure of covered information,
16

including, but not limited to, publishing a terms of
17

service agreement, privacy policy, or similar document.
18

(4) Except for a nonpublic school, for any operator
19

who seeks to receive from a school, school district, or
20

the State Board in any manner any covered information,
21

enter into a written agreement with the school, school
22

district, or State Board before the covered information
23

may be transferred. The written agreement may be created
24

in electronic form and signed with an electronic or
25

digital signature or may be a click wrap agreement that is
26

used with software licenses, downloaded or online

SB3735
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LRB104 19296 LNS 32742 b
1

applications and transactions for educational
2

technologies, or other technologies in which a user must
3

agree to terms and conditions before using the product or
4

service. Any written agreement entered into, amended, or
5

renewed must contain all of the following:
6

(A) A listing of the categories or types of
7

covered information to be provided to the operator.
8

(B) A statement of the product or service being
9

provided to the school by the operator.
10

(C) A statement that, pursuant to the federal
11

Family Educational Rights and Privacy Act of 1974, the
12

operator is acting as a school official with a
13

legitimate educational interest, is performing an
14

institutional service or function for which the school
15

would otherwise use employees, under the direct
16

control of the school, with respect to the use and
17

maintenance of covered information, and is using the
18

covered information only for an authorized purpose and
19

may not re-disclose it to third parties or affiliates,
20

unless otherwise permitted under this Act, without
21

permission from the school or pursuant to court order.
22

(D) A description of how, if a breach is
23

attributed to the operator, any costs and expenses
24

incurred by the school in investigating and
25

remediating the breach will be allocated between the
26

operator and the school. The costs and expenses may

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LRB104 19296 LNS 32742 b
1

include, but are not limited to:
2

(i) providing notification to the parents of
3

those students whose covered information was
4

compromised and to regulatory agencies or other
5

entities as required by law or contract;
6

(ii) providing credit monitoring to those
7

students whose covered information was exposed in
8

a manner during the breach that a reasonable
9

person would believe that it could impact his or
10

her credit or financial security;
11

(iii) legal fees, audit costs, fines, and any
12

other fees or damages imposed against the school
13

as a result of the security breach; and
14

(iv) providing any other notifications or
15

fulfilling any other requirements adopted by the
16

State Board or of any other State or federal laws.
17

(E) A statement that the operator must delete or
18

transfer to the school all covered information if the
19

information is no longer needed for the purposes of
20

the written agreement and to specify the time period
21

in which the information must be deleted or
22

transferred once the operator is made aware that the
23

information is no longer needed for the purposes of
24

the written agreement.
25

(F) If the school maintains a website, a statement
26

that the school must publish the written agreement on

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1

the school's website. If the school does not maintain
2

a website, a statement that the school must make the
3

written agreement available for inspection by the
4

general public at its administrative office. If
5

mutually agreed upon by the school and the operator,
6

provisions of the written agreement, other than those
7

under subparagraphs (A), (B), and (C), may be redacted
8

in the copy of the written agreement published on the
9

school's website or made available at its
10

administrative office.
11

(5) In case of any breach, within the most expedient
12

time possible and without unreasonable delay, but no later
13

than 30 calendar days after the determination that a
14

breach has occurred, notify the school of any breach of
15

the students' covered information.
16

(6) Except for a nonpublic school, provide to the
17

school a list of any third parties or affiliates to whom
18

the operator is currently disclosing covered information
19

or has disclosed covered information. This list must, at a
20

minimum, be updated and provided to the school by the
21

beginning of each State fiscal year and at the beginning
22

of each calendar year.
23
(Source: P.A. 100-315, eff. 8-24-17; 101-516, eff. 7-1-21
.)

24

(105 ILCS 85/25)
25

Sec. 25.
Operator actions that are not prohibited.
This

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LRB104 19296 LNS 32742 b
1
Act does not prohibit an operator from doing any of the
2
following:
3

(1) Using covered information to improve educational
4

products if that information is not associated with an
5

identified student within the operator's site, service, or
6

application or other sites, services, or applications
7

owned by the operator.
This paragraph does not include an
8

operator's artificial intelligence model training on a
9

student's covered information and retaining the training
10

data indefinitely unless the operator satisfies the
11

requirement of paragraph (2) of Section 15.

12

(2) Using covered information that is not associated
13

with an identified student to demonstrate the
14

effectiveness of the operator's products or services,
15

including in their marketing.
16

(3) Sharing covered information that is not associated
17

with an identified student for the development and
18

improvement of educational sites, services, or
19

applications.
This paragraph does not include an
20

operator's artificial intelligence model training on a
21

student's covered information and retaining the training
22

data indefinitely unless the operator satisfies the
23

requirement of paragraph (2) of Section 15.

24

(4) Using recommendation engines to recommend to a
25

student either of the following:
26

(A) Additional content relating to an educational,

SB3735
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LRB104 19296 LNS 32742 b
1

other learning, or employment opportunity purpose
2

within an online site, service, or application if the
3

recommendation is not determined in whole or in part
4

by payment or other consideration from a third party.
5

(B) Additional services relating to an
6

educational, other learning, or employment opportunity
7

purpose within an online site, service, or application
8

if the recommendation is not determined in whole or in
9

part by payment or other consideration from a third
10

party.
11

(5) Responding to a student's request for information
12

or for feedback without the information or response being
13

determined in whole or in part by payment or other
14

consideration from a third party.
15
(Source: P.A. 100-315, eff. 8-24-17.)

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