By: Brittany Flaherty Theis
As a continuation from the last blog post, the following are descriptions of several of the new laws recently signed by Governor Quinn.
Public Act 98-0129 – Students and Social Networking Websites – On August 2, 2013, House Bill 64 was signed into law. It will become effective January 1, 2014. The new legislation prohibits post-secondary schools from requesting or requiring a student to provide a password or other related account information to gain access to a student’s account or profile on a social networking website. Post-secondary schools are also prohibited from demanding access in any manner to a student’s social networking website account or profile. This law does not limit a post-secondary school’s right to establish policies on the use of the school’s electronic equipment and to monitor equipment use and email. The prohibition does not apply when a post-secondary school has reasonable cause to believe that a student’s account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy.
As it relates to elementary and secondary schools, students and parents/guardians must be notified that the school may request or require a student to provide a password or other related account information in order to access the student’s account on a social networking website if the school has reasonable cause to believe the student’s account contains evidence that the student has violated a school disciplinary rule or policy. Such notice must be published in the elementary or secondary school’s disciplinary rules, policies, or handbook (or communicated by similar means). Notably, violation of this law is a petty offense.
Public Act 98-0198 – Promise Zones – On August 9, 2013, Governor Quinn signed House Bill 194 into law. The law allows the city councils of Rockford, Aurora, and East St. Louis to create “promise zones.” “Promise zones” can be established to provide private funds sufficient to provide eligible students who reside within the promise zone, and who graduate from a public high school located within that “promise zone,” with the tuition necessary to obtain an associate degree or its equivalent at the local community college.
Public Act 98-0219 – IEP Services – Effective August 9, 2013, special education and related services must be provided in accordance with a student’s Individual Education Plan (“IEP”) no later than 10 school attendance days after notice is provided to the parents. Previously, the services had to be provided “as soon as possible.”
Public Act 98-0190 – Teen Dating Violence Policies – Public Act 98-0190, effective August 6, 2013, requires school boards to adopt a policy regarding teen dating violence. Such policies must state that teen dating violence is unacceptable, incorporate age-appropriate education about the issue in grades 7-12, establish procedures on how school district employees respond to such incidents, and identify the school official who is responsible for receiving reports related to teen dating violence. Parents must be notified about the new policy.
If you have any questions about how these laws, or other recent amendments, affect your school district, please contact Whitt law Attorney Brittany Flaherty Theis.
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