WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(b) The General Assembly finds all of the following: (1) Within schoolsSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10, online services and other technologies to help students learn are now deeply embedded throughout every grade level. (2) At the same time, there are growing concerns about how student technology use is contributing to youth mental health crises, privacy and security risks, cyberbullying, and reduced attention and ability to focus. (3) An overwhelming number of parents have expressed that it is growing increasingly difficult to protect their children from the harms online and exasperated by technology use. Because technologies are so prevalent throughout almost every aspect of a child's life, including schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10, parents face challenges when trying to opt their children out of technology use. (4) With the introduction of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5, students are growing increasingly concerned about the automation of tasks traditionally performed by a teacher, including grading. When artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 can hallucinate inaccurate results, students want the ability to ensure they can trust that grading through artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 or by automation meets the same standards of the teaching profession within this State. (b) This Act is intended to provide parents with the ability to exercise their parental rights with relation to their child's technology use and provide students and parents with rights associated with educational technologies.
Section 5 sets forth legislative findings regarding concerns about student technology use, mental health impacts, privacy risks, and the introduction of AI-based grading. It declares the intent to provide parents with the ability to exercise parental rights with relation to their child's technology use. This section creates no affirmative compliance obligation.
As used in this Act: "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act. "Parent" has the meaning given to that term under the Section 2 of the Illinois SchoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10 Student Records Act. "SchoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10 student records from more than one schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10. "Student" has the meaning given to that term under Section 2 of the Illinois SchoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10 Student Records Act.
Section 10 defines key terms for the new Student Educational Technologies Rights Act, including artificial intelligence, parent, school, and student. It cross-references definitions from existing Illinois law rather than creating standalone definitions. This section creates no affirmative compliance obligation.
(a)(1)–(3) 1 It is the policy of this State that a student and the student's parent have the right to: (1) opt out of schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10-issued personal electronic devices, electronic textbooks, electronic required reading, or electronic or online assignments; (2) request a human teacher review any automated scored grade or scored grade generated by artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5; and (3) opt out of predictive analytics systems without academic penalty.
(b) 1 If a student or a student's parent exercises the right outlined in subsection (a), the schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10 shall provide the student with a comparable analog version of what the educational technology provides. As used in this subsection, "comparable analog version" includes, but is not limited to, providing the assignment on physical paper, a physical copy of the required reading, or the option of a physical paper textbook.
Section 15 establishes three affirmative rights for students and parents: (1) the right to opt out of school-issued electronic devices, electronic textbooks, electronic required reading, or electronic or online assignments; (2) the right to request human teacher review of any automated or AI-generated grade; and (3) the right to opt out of predictive analytics systems without academic penalty. When a student or parent exercises any of these rights, the school must provide a comparable analog version (e.g., paper assignment, physical textbook).
The human-review-of-AI-grades provision is a notable application of human oversight to the education context — it gives students the right to demand a human teacher review any grade generated by AI or automation, addressing concerns about AI hallucination in grading.
(b) 2 A school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is prohibited from purchasing or otherwise acquiring biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a), including facial recognitionFacial recognition"Facial recognition" means any tool using an automated or semiautomated process that assists in uniquely identifying or verifying a person by comparing or analyzing patterns based on the person's face.105 ILCS 5/10-20.40(a) software, to use on students.
(b-5)(1)–(2) 2 (b-5) A school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 may not do any of the following with respect to students: (1) Obtain, retain, possess, access, request, or use biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a) or biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) derived from biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a). (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 districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34, biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a), including facial recognitionFacial recognition"Facial recognition" means any tool using an automated or semiautomated process that assists in uniquely identifying or verifying a person by comparing or analyzing patterns based on the person's face.105 ILCS 5/10-20.40(a) software or biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) derived from biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a).
(b-10) 3 (b-10) Within 30 days after the effective date of this amendatory Act of the 104th General Assembly, if a school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is in possession of student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a), then the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 shall destroy the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) and provide certified documentation of destruction to the State Board of Education.
(b-15) 4 (b-15) Within 30 days after the effective date of this amendatory Act of the 104th General Assembly, any school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 that has contracted with a third party to obtain, collect, or store student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) shall require the third party to destroy the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) in its possession and confirm in writing the completion of this destruction to the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34.
(b-20) 5 (b-20) During the 30-day period in which a school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 may still have student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) in its possession under subsection (b-10), the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is prohibited from selling, leasing, or otherwise disclosing the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) 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.
(d) Student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the effective date of this amendatory Act of the 104th General Assembly.
This section amends the School Code's student biometric information provisions for general school districts. It replaces the prior consent-and-policy framework with an outright prohibition on purchasing or acquiring biometric systems (including facial recognition) for use on students. New subsection (b-5) categorically prohibits school districts from obtaining, retaining, possessing, accessing, requesting, or using biometric systems or biometric information derived from them with respect to students, and from contracting with third parties for the same purposes. Subsection (b-10) requires districts currently possessing student biometric information to destroy it within 30 days and provide certified documentation of destruction to the State Board of Education. Subsection (b-15) requires districts that contracted with third parties for biometric information to require those third parties to destroy it within 30 days and confirm destruction in writing. Subsection (b-20) prohibits sale or disclosure of biometric information during the 30-day destruction period, with exceptions for custodial consent or court order.
(b) 6 The school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is prohibited from purchasing or otherwise acquiring biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a), including facial recognitionFacial recognition"Facial recognition" means any tool using an automated or semiautomated process that assists in uniquely identifying or verifying a person by comparing or analyzing patterns based on the person's face.105 ILCS 5/10-20.40(a) software, to use on students.
(b-5)(1)–(2) 6 (b-5) The school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 may not do any of the following with respect to students: (1) Obtain, retain, possess, access, request, or use biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a) or biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) derived from biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a). (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 districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34, biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a), including facial recognitionFacial recognition"Facial recognition" means any tool using an automated or semiautomated process that assists in uniquely identifying or verifying a person by comparing or analyzing patterns based on the person's face.105 ILCS 5/10-20.40(a) software or biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) derived from biometric systemsBiometric system"Biometric system" means any combination of hardware, software, firmware, or tools used to obtain, collect, process, store, transmit, display, or otherwise handle biometric information, including, but not limited to, facial or voice recognition software and software to conduct fingerprint, hand geometry, or iris or retinal scans.105 ILCS 5/10-20.40(a).
(b-10) 7 (b-10) Within 30 days after the effective date of this amendatory Act of the 104th General Assembly, if the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is in possession of student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a), then the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 shall destroy the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) and provide certified documentation of destruction to the State Board of Education.
(b-15) 8 (b-15) Within 30 days after the effective date of this amendatory Act of the 104th General Assembly, if the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 has contracted with a third party to obtain, collect, or store student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a), then the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 shall require the third party to destroy the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) in its possession and confirm in writing the completion of this destruction to the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34.
(b-20) 9 (b-20) During the 30-day period in which the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 may still have student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) in its possession under subsection (b-10), the school districtSchool districtA school district as used in the School Code, Sections 10-20.40 and 34-18.34, referring to general school districts and the Chicago school district respectively.105 ILCS 5/10-20.40; 105 ILCS 5/34-18.34 is prohibited from selling, leasing, or otherwise disclosing the biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) 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.
(d) Student biometric informationBiometric information"Biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.105 ILCS 5/10-20.40(a) may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the effective date of this amendatory Act of the 104th General Assembly.
This section mirrors Section 10-20.40 identically but applies specifically to the Chicago school district (Board of Education of the City of Chicago). It imposes the same categorical prohibition on purchasing or acquiring biometric systems, the same ban on obtaining or using biometric information, the same 30-day destruction requirement with State Board of Education certification, the same third-party destruction requirement, and the same interim non-disclosure restriction. The obligations are substantively identical to those in Section 10-20.40.
"Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act. ... "Covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 or information that is linked to personally identifiable information or material in any media or format that is not publicly available ... digital replicasDigital replica"Digital replica" has the meaning given to that term in Section 5 of the Right of Publicity Act.105 ILCS 85/5, or data collected through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5. ... "Digital replicaDigital replica"Digital replica" has the meaning given to that term in Section 5 of the Right of Publicity Act.105 ILCS 85/5" has the meaning given to that term in Section 5 of the Right of Publicity Act. ... "OperatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposesK through 12 school purposes"K through 12 school purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.105 ILCS 85/5 and was designed and marketed for K through 12 school purposesK through 12 school purposes"K through 12 school purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.105 ILCS 85/5.
This section amends the Student Online Personal Protection Act's definition section to: (1) add a definition of artificial intelligence, cross-referencing the Illinois Human Rights Act; (2) expand the definition of 'covered information' to include data gathered from personally identifiable information through artificial intelligence, digital replicas, and data collected through the use of AI; (3) add a definition of 'digital replica' cross-referencing the Right of Publicity Act; and (4) expand the definition of 'operator' to include operators of artificial intelligence models used for K–12 school purposes. These definition changes broaden the scope of SOPPA's existing prohibitions and duties to cover AI systems and AI-derived data. No independent compliance obligation is created by the definitions alone.
(3) 10 Sell or rent a student's information or data, including covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 or any other person's information collected by the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5 for K through 12 school purposesK through 12 school purposes"K through 12 school purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.105 ILCS 85/5. This subdivision (3) does not apply to the purchase, merger, or other type of acquisition of an operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5 by another entity if the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5 or successor entity complies with this Act regarding previously acquired student information.
(3.5) 11 (3.5) Permit artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 to train on covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 unless for K through 12 school purposesK through 12 school purposes"K through 12 school purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.105 ILCS 85/5 or in furtherance of improving operability and functionality of the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's service.
(4)(A) 12 Except as otherwise provided in Section 20 of this Act, disclose covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5, unless the disclosure is made for the following purposes: (A) In furtherance of the K through 12 schoolSchool"School" means (i) any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution or (ii) any person, agency, or institution that maintains school student records from more than one school.Student Educational Technologies Rights Act § 10 purposes of the site, service, application, or model if the recipient of the covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 disclosed under this clause (A) does not further disclose the information, unless done to allow or improve operability and functionality of the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's site, service, or application. Improving operability does not include disclosing covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 to any third party to train artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 that is not for K through 12 school purposesK through 12 school purposes"K through 12 school purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.105 ILCS 85/5.
This section amends the SOPPA operator prohibitions to extend them to AI models and to add a new prohibition on AI training on covered information. The existing prohibitions on targeted advertising, profiling, data sales, and unauthorized disclosure are all extended to cover AI models alongside websites, services, and applications. The key new addition is subdivision (3.5), which prohibits operators from permitting AI to train on covered information unless the training is for K–12 school purposes or to improve operability and functionality of the operator's service. The disclosure exception in clause (A) of subdivision (4) is narrowed to clarify that improving operability does not include disclosing covered information to third parties to train AI that is not for K–12 school purposes.
Sec. 15(2), new unnumbered paragraph 13 An operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 model shall not train on a student's covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 and retain the training data indefinitely, unless it first: (A) informs the student or his or her parent in writing that the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 model will retain training data indefinitely; and (B) receives a written consent from the student or his or her parent.
This section amends SOPPA's operator duties section to add a new AI-specific consent requirement. While existing law already requires operators to delete covered information upon school request and to maintain security procedures, the amendment adds a new provision prohibiting an operator's AI model from training on a student's covered information and retaining the training data indefinitely unless the operator first (A) informs the student or parent in writing that the AI model will retain training data indefinitely, and (B) receives written consent from the student or parent. This is an opt-in consent regime — the default is that indefinite retention of AI training data derived from student information is prohibited.
(1), new sentence 13 This paragraph does not include an operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 model training on a student's covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 and retaining the training data indefinitely unless the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5 satisfies the requirement of paragraph (2) of Section 15.
(3), new sentence 13 This paragraph does not include an operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5's artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Student Educational Technologies Rights Act § 10; 105 ILCS 85/5 model training on a student's covered informationCovered information"Covered information" means personally identifiable information or material or information or data that is gathered from personally identifiable information or material through artificial intelligence or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following: (1) Created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes. (2) Created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes. (3) Gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, digital replicas, or data collected through the use of artificial intelligence.105 ILCS 85/5 and retaining the training data indefinitely unless the operatorOperator"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, mobile application, or artificial intelligence model with actual knowledge that the site, service, application, or model is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes.105 ILCS 85/5 satisfies the requirement of paragraph (2) of Section 15.
This section amends SOPPA's safe harbor provision to clarify that the existing exemptions for using de-identified covered information to improve educational products (paragraph 1) and sharing de-identified covered information for educational development (paragraph 3) do not extend to an operator's AI model training on a student's covered information and retaining the training data indefinitely, unless the operator satisfies the consent requirements of paragraph (2) of Section 15. This closes a potential loophole where operators could argue that AI training on de-identified student data falls within the existing product-improvement and development exemptions.