Legal Reference Guide & Database

Summary

A private entity in possession of biometric identifiers, such as retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry, must develop a written policy available to the public establishing a retention schedule and guidelines for permanently destroying biometric identifiers and information when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual’s last interaction with the entity, whichever occurs first. An entity may not collect, capture, purchase, receive, or obtain a person’s biometric identifier or information unless it first informs the subject in writing that such identifier and information is being collected or stored, the specific purpose or length of term for which it will be collected, stored, and used, and receives a written release. An entity may also not sell, lease, trade or otherwise profit from a person’s biometric information. An entity may not disclose biometric identifiers or information unless the individual consents to the disclosure, the disclosure completes a financial transaction requested and authorized by the individual, the disclosure is required by law or the disclosure is pursuant to a valid warrant or subpoena issued by a court. The entity must store, transmit, and protect the biometric identifiers and information from disclosure using a reasonable standard of care within the entity’s industry and in the same manner or more protective than the entity stores, transmits, and protects other confidential and sensitive information. A person can recover $1,000 in liquidated damages for each negligent violation, $5,000 in liquidated damages for each intentional or reckless violation, or actual damages, whichever is greater. An aggrieved person can also recover attorneys’ fees and costs and other relief that the court deems appropriate.

Applicability

This law applies only to “private entities” defined as an individual, partnership, corporation, limited liability company, association, or other group, however organized, but specially excluding State and local government agencies, the courts of Illinois, and the clerks, judges, and justices thereof.

Summary

All contracts with an in-state company for providing charter bus services for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities must contain the following clause: “All of the charter bus drivers who will be providing services under this contract have, or will have before any services are provided: (1) submitted their fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The fingerprint check has resulted in a determination that they have not been convicted of committing any of the offenses set forth in subdivision (c-1)(4) of section 6-508 of the Illinois Vehicle Code; and (2) demonstrated physical fitness to operate school buses by submitting the results of a medical examination, including tests for drug use, to a state regulatory agency.” Contracts with an out-of-state company requires inclusion of the above clause or a clause that provides that not all of the charter bus drivers have met the requirements.

Applicability

This applies to any contract for the provision of charter bus services for the transportation of students in grade 12 or below to interscholastic athletic or school sponsored activities.

105 ILCS 5/10-20.21a

Summary

Student teachers and all applicants with a school district are required to authorize a fingerprint-based criminal history records check to determine if such student teachers or applicants have been convicted of any disqualifying, enumerated criminal or drug offenses or have been convicted, within 7 years of the application, of another felony. Upon receipt of the authorization, the school district shall submit the applicant’s name, sex, race, date of birth, social security number, fingerprint images, and other identifiers to the Illinois State Police. The information concerning the record of convictions shall be confidential and a copy of the record of convictions obtained from the Illinois State Police shall be provided to the student teacher or applicant for employment.

Applicability

This law applies to all school districts.

Summary

Provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force to investigate and provide a report on generative artificial intelligence software and natural language processing software. Provides that the Task Force shall hold at least 5 meetings, with one held in Chicago, Springfield, the Metro East region, the Quad Cities region, and Southern Illinois. Responsibilities of the Task Force include (1) recommending legislation or regulations to protect consumer information as it relates to generative AI; (2) recommending model policies for schools to address the use of generative AI by students in the classroom; (3) assessing the use of generative AI to improve delivery of public services; (4) protecting civil rights and civil liberties of individuals and consumers as it relates to generative AI; (5) assessing the impact of generative AI on the workforce; and (6) assessing challenges of generative AI for cybersecurity. The Task Force is to file a report by December 31, 2024 with the Governor and General Assembly covering the Task Force’s investigation and responsibilities.

Applicability

This law applies to the Department of Innovation and Technology.

Summary

Requires that an employer that asks applicants to record video interviews and uses artificial intelligence analysis on the applicant videos must (1) notify each applicant before the interview that artificial intelligence may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position; (2) provide each applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants; and (3) obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided. An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis or share applicant videos, except if necessary in order to evaluate an applicant’s fitness for a position. Certain demographic information must be collected and reported to the Department of Commerce and Economic Opportunity if the employer will rely solely on the artificial intelligence analysis to determine whether an applicant will be selected for an in-person interview.

Applicability

Any employer that asks applicants to record video interviews and uses an artificial intelligence analysis of the videos.

Summary

Provides that the Broadband Advisory Council shall evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. Also requires that the Council shall issue a report on its findings, recommendations, options for expansion, and any recommended legislation to the General Assembly by January 1, 2024.

Applicability

This law applies to the Broadband Advisory Council.

Summary

If the Governor has declared a disaster due to a public health emergency, the requirements concerning prehearings and hearings are paused and do not begin to toll until the disaster proclamation is no longer in effect. If mutually agreed to in writing, the parties may proceed with the prehearing and hearing requirements remotely.

Applicability

This law applies to all school districts.

Summary

The State Superintendent of Education may declare a requirement to use remote learning days or blended remote learning days. During remote learning days, schools shall conduct instruction remotely. During blended remote learning days, schools may utilize hybrid models of in-person and remote instruction. A remote or blended remote learning day may be met through the district’s implementation of an e-learning program. Remote learning days, blended remote learning days, and up to five remote and blended remote learning planning days shall be deemed pupil attendance days for calculation of the length of a school term.

Applicability

This law applies to all school districts required to provide remote or blended remote learning by the State Superintendent of Education.

Summary

The annual organizational meeting of a local school council can be held via video conference or teleconference if guidance from the Department of Public Health or Center for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting.

Applicability

This law applies to all school councils.

Summary

If all or part of the jurisdiction of a public body is covered by the disaster area and the head of the body determines that an in-person meeting is not practical or prudent, the meeting may be conducted by audio or video conference, exempting the requirement of a quorum of physically present members. This amendment requires that all members of the body can hear one another and all discussion and testimony; members of the public can either hear all discussion, testimony, and votes at either the regular meeting place or contemporaneous telephone number or web-based link; at least one member of the body, legal counsel, or officer is physically at the regular meeting place unless unfeasible; all votes are called by roll; other than in a bona fide emergency, 48 hours’ notice is given on the website and provided to news media; and a verbatim record of the meeting is kept in the form of audio or video recording.

Applicability

This law applies to all public bodies subject to requirements of the Open Meetings Act.

Summary

Beginning October 1, 2021, any preparation program for teaching, school support, or administrative field shall be based on applicable standards of the Culturally Responsive Teaching and Leading. One of those standards is that a culturally responsive teacher and leader employs authentic and modern technology usage inspiring digital literacy through an equity lens.

Applicability

This regulation applies to candidates for licensure by the State Board of Education and programs that prepare them.

Summary

Beginning with the 2023-2024 school year, high schools must provide an opportunity for every high school student to take at least one computer science course aligned to the rigorous learning standards of ISBE.

Applicability

This law applies to all high schools.

Summary

For students who will enter 9th grade in the 2022-2023 school year and 2023-2024 school year, a student must take one year of a course that includes intensive instruction in computer literacy (which may be incorporated with another subject that fulfills another graduation requirement.)

Applicability

This law applies to all students entering 9th grade in the 2022-2023 and 2023-2024 school years, except students with disabilities whose course of study is determined by an IEP.

Summary

The examination concerning History of the United States may be administered remotely.

Applicability

This law applies to all students graduating from eighth grade.

Summary

The examination concerning patriotism and principles of representative government may be administered remotely.

Applicability

This law applies to all students graduating from high school.

Summary

Beginning in the 2022-2023 school year, every public high school must include in its curriculum a unit of instruction on media literacy, including, but not limited to: Accessing information; analyzing and evaluating media messages; creating media; reflecting on media consumption; and social responsibility and civics. Media literacy includes media of all forms, including print, visual, audio, interactive, and digital texts.

Applicability

This law applies to all public high schools.

Summary

All school districts must ensure that students receive developmentally appropriate opportunities to gain computer literacy skills beginning in elementary school.

Applicability

This law applies to all school districts.

Summary

The curriculum information presented on the School Report Card must include “computer science courses.” “Computer science” is defined as “the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. ‘Computer science’ does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.”

Applicability

This law applies to all school districts and the State Superintendent of Education.

Summary

Mandates the State Board of Education to develop and adopt rigorous learning standards in the area of computer science and analyze and revise course titles dedicated to computer science.

Applicability

This law applies to the State Board of Education.

Summary

Each public school district, through its school board or designee, must conduct a minimum of one annual meeting to review each school building’s emergency and crisis response plans, protocols, and procedures, including procedures regarding the school district’s threat assessment team, the efficacy and effects of law enforcement drills, and each building’s compliance with the school safety drill programs. In updating a school building’s emergency and crisis response plans, consideration may be given to making the response plans available to first responders, administrators, and teachers for implementation and utilization through the use of electronic applications on electronic devices, including smartphones, tablets, and laptops.

Applicability

This law applies to all school districts.