AI Frontier Institute

EDUC-TECH RTS/BIOMETRIC INFO

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Illinois SB3735, introduced February 5, 2026 by Sen. Robert F. Martwick, creates the Student Educational Technologies Rights Act (Section 1) and amends the School Code (105 ILCS 5/10-20.40 and 105 ILCS 5/34-18.34) and the Student Online Personal Protection Act (105 ILCS 85/5, 85/10, 85/15, and 85/25). Under Section 15 of the new Act, students and their parents gain three core rights: (1) to opt out of school-issued personal electronic devices, electronic textbooks, electronic required reading, or electronic or online assignments; (2) to request a human teacher review any grade scored by automation or artificial intelligence; and (3) to opt out of predictive analytics systems without academic penalty. When a student or parent exercises these opt-out rights, the school must provide a comparable analog alternative such as physical paper assignments or print textbooks. The bill amends 105 ILCS 5/10-20.40 and 105 ILCS 5/34-18.34 to prohibit school districts from purchasing or otherwise acquiring biometric systems—including facial recognition software—for use on students, and to bar districts from obtaining, retaining, or contracting with third parties for student biometric information. Districts already holding such data must destroy it and provide certified documentation of destruction to the State Board of Education within 30 days of the Act's effective date; third-party holders must likewise confirm destruction in writing. The bill amends 105 ILCS 85/10 to add a new prohibition (subdivision 3.5) barring operators from permitting AI to train on covered student information unless for K-through-12 school purposes or to improve the operator's own service functionality. It amends 105 ILCS 85/15 to require that an operator's AI model not train on a student's covered information and retain that training data indefinitely unless the operator first provides written notice to the student or parent and receives written consent. Conforming changes to 105 ILCS 85/5 expand the definitions of 'covered information,' 'operator,' and related terms to encompass AI models and data collected through AI use.

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