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SB 3735

EDUC-TECH RTS/BIOMETRIC INFO

104th Regular Session Introduced by Mary Edly-Allen and 3 co-sponsors

Requires schools to protect student tech rights, offer opt-outs with analog options, and restrict biometric data use and AI training in K–12.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3735

Summary of SB 3735 (104th Illinois General Assembly)

Title: Student Educational Technologies Rights Act

Jurisdiction: Illinois

Introduced: February 5, 2026
Sponsor(s): Sen. Robert F. Martwick; Chief Co-Sponsors: Sen. Mary Edly-Allen, Sen. Karina Villa, Sen. Rachel Ventura

Status: Introduced; committee and floor action timeline in progress (Rule 2-10 deadlines noted in the bill’s action history)

Purpose and Intent
- Establishes a policy framework to protect students’ rights concerning educational technologies, biometric data, and online K–12 information.
- Aims to give students and their parents greater control over school-issued digital tools, AI-based grading, predictive analytics, and the use of biometric information in schools.
- Seeks to curb some uses of artificial intelligence and data practices in K–12 settings by requiring human review of automated scores and limiting data training by AI models on student data, with constraints.

Key Provisions

1) Student Educational Technology Rights (New Act)
- Rights granted to students and their parents:
- Opt out of school-issued personal electronic devices, electronic textbooks, electronic required reading, and electronic/online assignments.
- Request a human teacher review of any automated scored grade or AI-generated score.
- Opt out of predictive analytics systems without academic penalty.
- If opt-outs are exercised, schools must provide a comparable analog version of the instructional materials or assignments (e.g., paper versions of assignments or readings).

2) School Code Amendments: Biometric Information Restrictions
- Prohibition on school districts purchasing or using biometric systems (including facial recognition) with students.
- If a district collects student biometric information, districts must:
- Obtain written consent from the student’s legally authorized custodian or the student (if 18 or older).
- Discontinue use upon graduation/withdrawal or upon written withdrawal request.
- Destroy all biometric information within 30 days of discontinuation.
- Use biometric data only for identification or fraud prevention.
- Prohibit sale/lease/disclosure of biometric information without consent or unless required by court order.
- Ensure storage and protection of biometric information from disclosure.
- Additional prohibitions:
- Districts may not obtain, retain, possess, access, or use biometric systems or information.
- No third-party agreements for biometric data use.
- Timing: Within 30 days after the Act’s effective date, districts in possession of biometric information must destroy it and certify destruction to the State Board of Education. If under contract with a third party, districts must ensure the third party destroys the data and confirms destruction.
- During the 30-day destruction window, districts may not sell or disclose biometric data absent consent or court order.

3) Amendments to the Student Online Personal Protection Act (SOPPA)
- Prohibits operators from:
- Selling or renting student information or using data to train AI models, unless for K–12 purposes or to improve operability/functionality.
- Training AI models on a student’s covered information and retaining training data indefinitely unless specific disclosures/consents are obtained.
- Adds constraints and clarifies exceptions for K–12 school purposes, operator responsibilities, and data handling.

4) Definitions and Conforming Changes
- Aligns terms across acts (Artificial Intelligence, Parent, School, Student, etc.) and defines “K–12 school purposes,” “biometric information,” “biometric system,” “facial recognition,” “digital replica,” and other relevant concepts.
- Establishes that operators must comply with written agreements with schools for transfer of covered information, ensure breach notification within 30 days, and provide disclosure of third-party disclosures and breach costs.

Affected Parties

  • Students and Parents/Guardians: New rights to opt out of digital tools, require human review of AI scores, and opt out of predictive analytics without penalty.
  • School Districts: Prohibited from acquiring or using biometric systems; required to implement consent and destruction policies; subject to breach notification and data-transfer obligations.
  • Educational Technology Operators: Subject to stricter data-use constraints, consent requirements, breach notification duties, disclosure duties, and limits on AI training on student data.
  • State Board of Education: Receives destruction certifications and oversees compliance with biometric data destruction and SOPPA-related changes.

Procedural and Timeline Aspects

  • Effective date implied by legislative process; specific “within 30 days after the effective date” requirements apply to destruction of biometric data in possession and to third-party destruction.
  • Ongoing duties for schools and operators include annual or periodic reporting of disclosures to schools and updated third-party lists.

Notes

  • The bill blends student rights on technology use with stronger protections against biometric data collection and AI-based data practices in K–12 settings.
  • If enacted, districts would need to ensure analog alternatives are available for opt-out scenarios and adjust procurement and data-management practices accordingly.

Compiled from official sources — confirm details with the bill’s official record.

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