Bill Text: IL HB0064 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2013-08-02 - Public Act . . . . . . . . . 98-0129 [HB0064 Detail]

Download: Illinois-2013-HB0064-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Right
to Privacy in the School Setting Act.
Section 5. Definitions. In this Act:
"Elementary or secondary school" means a public elementary
or secondary school or school district or a nonpublic school
recognized by the State Board of Education.
"Post-secondary school" means an institution of higher
learning as defined in the Higher Education Student Assistance
Act.
"Social networking website" means an Internet-based
service that allows individuals to do the following:
(1) construct a public or semi-public profile within a
bounded system created by the service;
(2) create a list of other users with whom they share a
connection within the system; and
(3) view and navigate their list of connections and
those made by others within the system.
"Social networking website" does not include electronic mail.
Section 10. Prohibited inquiry.

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(a) It is unlawful for a post-secondary school to request
or require a 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 account or profile on a
social networking website or to demand access in any manner to
a student's account or profile on a social networking website.
(b) Nothing in this Section limits a post-secondary
school's right to do the following:
(1) promulgate and maintain lawful school policies
governing the use of the post-secondary school's
electronic equipment, including policies regarding
Internet use, social networking website use, and
electronic mail use; and
(2) monitor usage of the post-secondary school's
electronic equipment and the post-secondary school's
electronic mail without requesting or requiring a student
to provide a password or other related account information
in order to gain access to the student's account or profile
on a social networking website.
(c) Nothing in this Section prohibits a post-secondary
school from obtaining information about a student that is in
the public domain or that is otherwise obtained in compliance
with this Act.
(d) This Section does not apply when a post-secondary
school has reasonable cause to believe that a student's account
on a social networking website contains evidence that the

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student has violated a school disciplinary rule or policy.
Section 15. Notification. An elementary or secondary
school must provide notification to the student and his or her
parent or guardian that the elementary or secondary school may
request or require a student to provide a password or other
related account information in order to gain access to the
student's account or profile on a social networking website if
the elementary or secondary school has reasonable cause to
believe that the student's account on a social networking
website contains evidence that the student has violated a
school disciplinary rule or policy. The notification must be
published in the elementary or secondary school's disciplinary
rules, policies, or handbook or communicated by similar means.
Section 20. Penalty. A post-secondary school or an agent
of a post-secondary school who violates this Act is guilty of a
petty offense.