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SB 1239

SCH CD-STUDENT BIOMETRIC INFO

104th Regular Session Introduced by Javier Cervantes and 7 co-sponsors

The bill bans all school use of student biometric data and requires immediate destruction of existing data with certified proof to the State Board of Education.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1239

Summary — SB 1239: Student Biometric Information (School Code)

Status: Enacted as Public Act 25-61 (signed by Governor); listed effective date Sept. 1, 2025.
Primary purpose: prohibit Illinois school districts from obtaining or using biometric systems and require prompt destruction of any student biometric data currently held.

Note: the source document includes an unrelated Arizona bank‑deposit statutory excerpt; the summary below addresses the School Code biometric provisions (Illinois SB 1239).

Purpose and intent

SB 1239 removes authority that previously allowed school districts to adopt policies for collecting student biometric information and instead broadly prohibits school districts from purchasing, acquiring, using, or contracting to obtain biometric systems or biometric information related to students. The bill is intended to protect student privacy by eliminating school use and storage of biometric identifiers (e.g., facial recognition, fingerprints, voice, iris scans).

Key provisions

  • Definitions: clarifies terms such as “biometric information,” “biometric system,” and “facial recognition” (covers physiological and behavioral identifiers and hardware/software used to collect/process them).
  • Prohibition on acquisition/use:
    • School districts may not obtain, retain, possess, access, request, or use biometric systems or biometric information derived from such systems for students.
    • School districts may not enter into agreements with third parties for the purpose of obtaining or using biometric systems/information on their behalf.
  • Immediate destruction requirement:
    • Within 30 days after the act’s effective date, any school district in possession of student biometric information must destroy it and provide certified proof of destruction to the State Board of Education.
    • Within the same 30‑day period, school districts with third‑party contracts must require those vendors to destroy any student biometric information in their possession and provide written confirmation to the district.
  • Temporary restriction on disclosure:
    • During the 30‑day period in which districts may still possess biometric data, they are prohibited from selling, leasing, or otherwise disclosing the data except (a) with consent of the student or the student’s legal custodian (student if 18+), or (b) if disclosure is required by court order.
  • Removes prior statutory language that allowed districts to collect biometrics under written‑consent policies and associated retention/destruction rules.

Who is affected

  • School districts and local education agencies (must cease using/acquiring biometric tech; must destroy existing data and certify destruction).
  • Students and parents/guardians (gain stronger privacy protections; may consent to disclosure if desired).
  • Third‑party vendors and contractors that provided biometric systems or stored student biometric information (must destroy data and confirm destruction; potential contract termination).
  • State Board of Education (receives certified destruction documentation).

Implementation and timeline

  • Destruction and vendor‑confirmation obligations must be completed within 30 days after the law’s effective date.
  • Effective date reported as Sept. 1, 2025 (Public Act 25‑61). SB 1239 has a companion bill HB 3929.

Impact considerations

  • Strengthens student privacy by eliminating school use of biometric identification systems.
  • Operational impacts: districts must identify, inventory, and arrange destruction of biometric data; revise or terminate vendor contracts; potential administrative costs for compliance.
  • No civil/criminal enforcement provisions are specified in the excerpt; compliance is enforced via statutory destruction/certification requirements and oversight by the State Board of Education.

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

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