IL
Illinois Senate Bill SB1239

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1239 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1239 Introduced 1/24/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.40105 ILCS 5/34-18.34 Amends the School Code. Removes language allowing school districts that collect biometric information from students to adopt specified policies. Instead, prohibits a school district from purchasing or otherwise acquiring biometric systems to use on students. Provides that a school district may not do any of the following with respect to students: (1) obtain, retain, possess, access, request, or use biometric systems or biometric information derived from biometric systems; or (2) enter into an agreement with a third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of the school district, biometric systems. Provides that, within 30 days after the effective date of the amendatory Act, if a school district is in possession of student biometric information, then the school district shall destroy the biometric information and provide certified documentation of destruction to the State Board of Education. Provides that, within 30 days after the effective date of the amendatory Act, any school district that has contracted with a third party to obtain, collect, or store student biometric information shall require the third party to destroy all biometric information in its possession and confirm in writing the completion of this destruction to the school district. During the 30-day period in which a school district may still have student biometric information in its possession, prohibits the school district from selling, leasing, or otherwise disclosing the biometric information to another person or entity unless: (1) the individual who has legal custody of the student or the student, if he or she has reached the age of 18, consents to the disclosure; or (2) the disclosure is required by court order. Makes other changes. LRB104 08095 LNS 18141 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1239 Introduced 1/24/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.40105 ILCS 5/34-18.34 105 ILCS 5/10-20.40 105 ILCS 5/34-18.34 Amends the School Code. Removes language allowing school districts that collect biometric information from students to adopt specified policies. Instead, prohibits a school district from purchasing or otherwise acquiring biometric systems to use on students. Provides that a school district may not do any of the following with respect to students: (1) obtain, retain, possess, access, request, or use biometric systems or biometric information derived from biometric systems; or (2) enter into an agreement with a third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of the school district, biometric systems. Provides that, within 30 days after the effective date of the amendatory Act, if a school district is in possession of student biometric information, then the school district shall destroy the biometric information and provide certified documentation of destruction to the State Board of Education. Provides that, within 30 days after the effective date of the amendatory Act, any school district that has contracted with a third party to obtain, collect, or store student biometric information shall require the third party to destroy all biometric information in its possession and confirm in writing the completion of this destruction to the school district. During the 30-day period in which a school district may still have student biometric information in its possession, prohibits the school district from selling, leasing, or otherwise disclosing the biometric information to another person or entity unless: (1) the individual who has legal custody of the student or the student, if he or she has reached the age of 18, consents to the disclosure; or (2) the disclosure is required by court order. Makes other changes. LRB104 08095 LNS 18141 b LRB104 08095 LNS 18141 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1239 Introduced 1/24/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/10-20.40105 ILCS 5/34-18.34 105 ILCS 5/10-20.40 105 ILCS 5/34-18.34
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66 Amends the School Code. Removes language allowing school districts that collect biometric information from students to adopt specified policies. Instead, prohibits a school district from purchasing or otherwise acquiring biometric systems to use on students. Provides that a school district may not do any of the following with respect to students: (1) obtain, retain, possess, access, request, or use biometric systems or biometric information derived from biometric systems; or (2) enter into an agreement with a third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of the school district, biometric systems. Provides that, within 30 days after the effective date of the amendatory Act, if a school district is in possession of student biometric information, then the school district shall destroy the biometric information and provide certified documentation of destruction to the State Board of Education. Provides that, within 30 days after the effective date of the amendatory Act, any school district that has contracted with a third party to obtain, collect, or store student biometric information shall require the third party to destroy all biometric information in its possession and confirm in writing the completion of this destruction to the school district. During the 30-day period in which a school district may still have student biometric information in its possession, prohibits the school district from selling, leasing, or otherwise disclosing the biometric information to another person or entity unless: (1) the individual who has legal custody of the student or the student, if he or she has reached the age of 18, consents to the disclosure; or (2) the disclosure is required by court order. Makes other changes.
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1212 1 AN ACT concerning education.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The School Code is amended by changing Sections
1616 5 10-20.40 and 34-18.34 as follows:
1717 6 (105 ILCS 5/10-20.40)
1818 7 Sec. 10-20.40. Student biometric information.
1919 8 (a) For the purposes of this Section: ,
2020 9 "Biometric "biometric information" means any information
2121 10 that is collected through an identification process for
2222 11 individuals based on their unique behavioral or physiological
2323 12 characteristics, including fingerprint, hand geometry, voice,
2424 13 or facial recognition or iris or retinal scans.
2525 14 "Biometric system" means any combination of hardware,
2626 15 software, firmware, or tools used to obtain, collect, process,
2727 16 store, transmit, display, or otherwise handle biometric
2828 17 information, including, but not limited to, facial or voice
2929 18 recognition software and software to conduct fingerprint, hand
3030 19 geometry, or iris or retinal scans.
3131 20 "Facial recognition" means any tool using an automated or
3232 21 semiautomated process that assists in uniquely identifying or
3333 22 verifying a person by comparing or analyzing patterns based on
3434 23 the person's face.
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1239 Introduced 1/24/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3939 105 ILCS 5/10-20.40105 ILCS 5/34-18.34 105 ILCS 5/10-20.40 105 ILCS 5/34-18.34
4040 105 ILCS 5/10-20.40
4141 105 ILCS 5/34-18.34
4242 Amends the School Code. Removes language allowing school districts that collect biometric information from students to adopt specified policies. Instead, prohibits a school district from purchasing or otherwise acquiring biometric systems to use on students. Provides that a school district may not do any of the following with respect to students: (1) obtain, retain, possess, access, request, or use biometric systems or biometric information derived from biometric systems; or (2) enter into an agreement with a third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of the school district, biometric systems. Provides that, within 30 days after the effective date of the amendatory Act, if a school district is in possession of student biometric information, then the school district shall destroy the biometric information and provide certified documentation of destruction to the State Board of Education. Provides that, within 30 days after the effective date of the amendatory Act, any school district that has contracted with a third party to obtain, collect, or store student biometric information shall require the third party to destroy all biometric information in its possession and confirm in writing the completion of this destruction to the school district. During the 30-day period in which a school district may still have student biometric information in its possession, prohibits the school district from selling, leasing, or otherwise disclosing the biometric information to another person or entity unless: (1) the individual who has legal custody of the student or the student, if he or she has reached the age of 18, consents to the disclosure; or (2) the disclosure is required by court order. Makes other changes.
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7171 1 (b) A school district is prohibited from purchasing or
7272 2 otherwise acquiring biometric systems, including facial
7373 3 recognition software, to use on students. School districts
7474 4 that collect biometric information from students shall adopt
7575 5 policies that require, at a minimum, all of the following:
7676 6 (1) Written permission from the individual who has
7777 7 legal custody of the student, as defined in Section
7878 8 10-20.12b of this Code, or from the student if he or she
7979 9 has reached the age of 18.
8080 10 (2) The discontinuation of use of a student's
8181 11 biometric information under either of the following
8282 12 conditions:
8383 13 (A) upon the student's graduation or withdrawal
8484 14 from the school district; or
8585 15 (B) upon receipt in writing of a request for
8686 16 discontinuation by the individual having legal custody
8787 17 of the student or by the student if he or she has
8888 18 reached the age of 18.
8989 19 (3) The destruction of all of a student's biometric
9090 20 information within 30 days after the use of the biometric
9191 21 information is discontinued in accordance with item (2) of
9292 22 this subsection (b).
9393 23 (4) The use of biometric information solely for
9494 24 identification or fraud prevention.
9595 25 (5) A prohibition on the sale, lease, or other
9696 26 disclosure of biometric information to another person or
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107107 1 entity, unless:
108108 2 (A) the individual who has legal custody of the
109109 3 student or the student, if he or she has reached the
110110 4 age of 18, consents to the disclosure; or
111111 5 (B) the disclosure is required by court order.
112112 6 (6) The storage, transmittal, and protection of all
113113 7 biometric information from disclosure.
114114 8 (b-5) A school district may not do any of the following
115115 9 with respect to students:
116116 10 (1) Obtain, retain, possess, access, request, or use
117117 11 biometric systems or biometric information derived from
118118 12 biometric systems.
119119 13 (2) Enter into an agreement with a third party for the
120120 14 purpose of obtaining, retaining, possessing, accessing, or
121121 15 using, by or on behalf of the school district, biometric
122122 16 systems, including facial recognition software or
123123 17 biometric information derived from biometric systems.
124124 18 (b-10) Within 30 days after the effective date of this
125125 19 amendatory Act of the 104th General Assembly, if a school
126126 20 district is in possession of student biometric information,
127127 21 then the school district shall destroy the biometric
128128 22 information and provide certified documentation of destruction
129129 23 to the State Board of Education.
130130 24 (b-15) Within 30 days after the effective date of this
131131 25 amendatory Act of the 104th General Assembly, any school
132132 26 district that has contracted with a third party to obtain,
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143143 1 collect, or store student biometric information shall require
144144 2 the third party to destroy the biometric information in its
145145 3 possession and confirm in writing the completion of this
146146 4 destruction to the school district.
147147 5 (b-20) During the 30-day period in which a school district
148148 6 may still have student biometric information in its possession
149149 7 under subsection (b-10), the school district is prohibited
150150 8 from selling, leasing, or otherwise disclosing the biometric
151151 9 information to another person or entity unless:
152152 10 (1) the individual who has legal custody of the
153153 11 student or the student, if he or she has reached the age of
154154 12 18, consents to the disclosure; or
155155 13 (2) the disclosure is required by court order.
156156 14 (c) (Blank). Failure to provide written consent under item
157157 15 (1) of subsection (b) of this Section by the individual who has
158158 16 legal custody of the student or by the student, if he or she
159159 17 has reached the age of 18, must not be the basis for refusal of
160160 18 any services otherwise available to the student.
161161 19 (d) Student biometric information may be destroyed without
162162 20 notification to or the approval of a local records commission
163163 21 under the Local Records Act if destroyed within 30 days after
164164 22 the effective date of this amendatory Act of the 104th General
165165 23 Assembly use of the biometric information is discontinued in
166166 24 accordance with item (2) of subsection (b) of this Section.
167167 25 (Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09;
168168 26 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)
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179179 1 (105 ILCS 5/34-18.34)
180180 2 Sec. 34-18.34. Student biometric information.
181181 3 (a) For the purposes of this Section: ,
182182 4 "Biometric" "biometric information" means any information
183183 5 that is collected through an identification process for
184184 6 individuals based on their unique behavioral or physiological
185185 7 characteristics, including fingerprint, hand geometry, voice,
186186 8 or facial recognition or iris or retinal scans.
187187 9 "Biometric system" means any combination of hardware,
188188 10 software, firmware, or tools used to obtain, collect, process,
189189 11 store, transmit, display, or otherwise handle biometric
190190 12 information, including, but not limited to, facial or voice
191191 13 recognition software and software to conduct fingerprint, hand
192192 14 geometry, or iris or retinal scans.
193193 15 "Facial recognition" means any tool using an automated or
194194 16 semiautomated process that assists in uniquely identifying or
195195 17 verifying a person by comparing or analyzing patterns based on
196196 18 the person's face.
197197 19 (b) The school district is prohibited from purchasing or
198198 20 otherwise acquiring biometric systems, including facial
199199 21 recognition software, to use on students. If the school
200200 22 district collects biometric information from students, the
201201 23 district shall adopt a policy that requires, at a minimum, all
202202 24 of the following:
203203 25 (1) Written permission from the individual who has
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214214 1 legal custody of the student, as defined in Section
215215 2 10-20.12b of this Code, or from the student if he or she
216216 3 has reached the age of 18.
217217 4 (2) The discontinuation of use of a student's
218218 5 biometric information under either of the following
219219 6 conditions:
220220 7 (A) upon the student's graduation or withdrawal
221221 8 from the school district; or
222222 9 (B) upon receipt in writing of a request for
223223 10 discontinuation by the individual having legal custody
224224 11 of the student or by the student if he or she has
225225 12 reached the age of 18.
226226 13 (3) The destruction of all of a student's biometric
227227 14 information within 30 days after the use of the biometric
228228 15 information is discontinued in accordance with item (2) of
229229 16 this subsection (b).
230230 17 (4) The use of biometric information solely for
231231 18 identification or fraud prevention.
232232 19 (5) A prohibition on the sale, lease, or other
233233 20 disclosure of biometric information to another person or
234234 21 entity, unless:
235235 22 (A) the individual who has legal custody of the
236236 23 student or the student, if he or she has reached the
237237 24 age of 18, consents to the disclosure; or
238238 25 (B) the disclosure is required by court order.
239239 26 (6) The storage, transmittal, and protection of all
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250250 1 biometric information from disclosure.
251251 2 (b-5) The school district may not do any of the following
252252 3 with respect to students:
253253 4 (1) Obtain, retain, possess, access, request, or use
254254 5 biometric systems or biometric information derived from
255255 6 biometric systems.
256256 7 (2) Enter into an agreement with a third party for the
257257 8 purpose of obtaining, retaining, possessing, accessing, or
258258 9 using, by or on behalf of the school district, biometric
259259 10 systems, including facial recognition software or
260260 11 biometric information derived from biometric systems.
261261 12 (b-10) Within 30 days after the effective date of this
262262 13 amendatory Act of the 104th General Assembly, if the school
263263 14 district is in possession of student biometric information,
264264 15 then the school district shall destroy the biometric
265265 16 information and provide certified documentation of destruction
266266 17 to the State Board of Education.
267267 18 (b-15) Within 30 days after the effective date of this
268268 19 amendatory Act of the 104th General Assembly, if the school
269269 20 district has contracted with a third party to obtain, collect,
270270 21 or store student biometric information, then the school
271271 22 district shall require the third party to destroy the
272272 23 biometric information in its possession and confirm in writing
273273 24 the completion of this destruction to the school district.
274274 25 (b-20) During the 30-day period in which the school
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