HB0064 98TH GENERAL ASSEMBLY

LRB098 02685 NHT 32691 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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:

"School" means 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.

"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.

(a) 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.

(b) Nothing in this Section limits a school's right to do the following:

(1) promulgate and maintain lawful school policies governing the use of the school's electronic equipment, including policies regarding Internet use, social networking website use, and electronic mail use; and

(2) monitor usage of the school's electronic equipment and the school's electronic mail without requesting or requiring a student or prospective student 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.

(c) Nothing in this Section prohibits a school from obtaining information about a student or prospective student that is in the public domain or that is otherwise obtained in compliance with this Act.

Section 15. Penalty. A school or an agent of a school who violates this Act is guilty of a petty offense.