Illinois school security camera law

When may Illinois schools record video and audio on buses?

Illinois exempts video or audio recording of a school bus interior from the eavesdropping law when the school board has adopted a policy authorizing it; recording is allowed, not required. The exemption also depends on notice in student handbooks and school policies, notice to parents, and notice posted on the door of and inside the bus. Bus recordings are confidential and may be used only by school officials and law enforcement for investigations, school discipline, juvenile court proceedings and criminal prosecutions about incidents in or around the bus.

Does Illinois limit facial recognition in schools?

Under the School Code, biometric information includes facial recognition. A school district that collects student biometric information must adopt a policy requiring written permission from the parent or guardian, or from the student at 18. The policy must require destroying a student's biometric information within 30 days after its use stops. It must limit biometric use to identification or fraud prevention. The same biometric-policy requirement applies to the Chicago school district. Separately, the Biometric Information Privacy Act (BIPA), which applies to private entities, requires written notice of the specific purpose and how long biometric data will be collected, stored and used, and a written release from the person or their representative. Under BIPA, a private entity holding biometric data must publish a written retention and destruction policy, destroying the data when its purpose is met or within 3 years of the person's last interaction, whichever comes first.

Where can't cameras be used?

State Board of Education (ISBE) rules bar using cameras, audio recording or other electronic monitoring to supervise a student in isolated time out.

Is school camera video a student record or a public record?

Student records under the School Student Records Act do not include information kept by law enforcement professionals working in the school. ISBE's rule excludes from student records video made by law enforcement working in the school or for security or safety purposes. Video can become part of a student's record when school officials use and keep it for a reason about that student, such as discipline or an IEP. Video that becomes part of a student's record is not a public record and may be released only under Section 6(a) of the Act and FERPA (the federal student records privacy law). Illinois's public records law (FOIA) exempts information the School Student Records Act bars from disclosure. The School Student Records Act does not cover private or non-public schools. Charter schools stay bound by the School Student Records Act, so video that becomes a student record is covered at charters too.

How can schools pay for cameras?

ISBE school safety and security grants, subject to appropriation, may fund school security improvements including building upgrades and equipment; cameras are not named. ISBE's "Security Grants" program lists security camera systems as an eligible use, but it is an earmark for four named recipients, not a statewide program. P.A. 104-0464 reappropriates $50,000 to the state commerce department (DCEO) for a grant to Matteson School District 162 to buy and install cameras for its schools. ISBE transportation cost rules list security cameras on school buses as an allowable safety item. In that reimbursement rule, bus security cameras count as a transportation safety item costing under $2,500 that no other federal or state source funds; it is a reimbursable cost, not a camera grant.

What recent bills dealt with cameras or biometrics?

SB 415 as amended would require districts, by the 2027-2028 school year, to make sure the biometric systems they use serve only legitimate instructional purposes. SB 415 passed the Senate 57-0 and was then re-referred to the House Rules Committee. SB 3735 would bar school districts from acquiring biometric systems to use on students; it was re-referred to Senate Assignments. SB 1239 would replace the biometric-policy provisions with a ban on districts acquiring biometric systems for use on students. HB 1583 would exempt school safety officers from the body camera law if the school board does not require body cameras. SB 2876 would require districts to give parents all evidence, including video, behind a suspension or expulsion decision before the hearing.