Illinois Public Schools Can Demand Students’ Social Networking Accnt & Passwords

[Wilikon]

Dear Parents and Guardians:

Pursuant to Illinois School Code (105 ILCS 75/15), OTHS is required to notify parents/guardians that we may request or require a student to provide a password or other related account information in order to gain access to the student’s account or profile on a social networking website if the district has reasonable cause to believe that the student’s account on a social networking website contains evidence that the student has violated a disciplinary rule or policy.

This email serves as that notification.

Thank you.

Dr. Darcy G. Benway, OTHS Superintendent

Sure enough Illinois State Law 105 ILCS 75/15 allows schools to demand social networking passwords.

Sec. 15. Notification. An elementary or secondary school must provide notification to the student and his or her parent or guardian that the elementary or secondary school may request or require a student to provide a password or other related account information in order to gain access to the student’s account or profile on a social networking website if the elementary or secondary school has reasonable cause to believe that the student’s account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy. The notification must be published in the elementary or secondary school’s disciplinary rules, policies, or handbook or communicated by similar means.
(Source: P.A. 98-129, eff. 1-1-14.)


http://www.thegatewaypundit.com/2015/03/illinois-public-schools-can-demand-students-social-networking-accounts-and-passwords-at-will/

[jaysabi]

This is a bit old considering it went into effect in January. Since then, there has been very warranted backlash against the bill. Currently, there are two bills pending to alter the law and limit it's applications. The first one seeks to limit the law by stating that the only permissible circumstances in which a school can be said to have reasonable cause to request a password is when a victim or concerned party, such as a parent, makes a complaint, or school personnel observe an abuse:  http://www.ilga.gov/legislation/99/HB/09900HB3527.htm

The second pending amendment changes the law so that schools can only request a password, and only require it upon a court order:  http://www.ilga.gov/legislation/99/HB/09900HB4082.htm

The second bill does a lot more to limit the scope of the law. Also note that this law only applies to schools in allowing them to ask for the password, it does not require anyone to actually turn over their password. And the obvious response to this is "Get bent." You can probably mention that it's a violation of the TOS too if you wanted to have an actual reason not to comply. No way in hell I'd let my kid turn over their password. If there's a suspected abuse, the school can bring it to my attention, and I will handle it.

I personally think this law as it is written right now is a slam dunk overturn on the first court challenge. If the second pending amendment passes, it's no longer an issue because schools can request the password all they want, but they can't require it without a court order, which is basically how it was before this law went into effect.

[MegaFall]

So schools are now involved in crap that is off-school grounds and didn't occur during school hours.... fantastic. More civil liberties removed. Off-school grounds a school has no jurisdiction to be involved, it's the problem of the parents to take care of their own kids problems. Contact the other kid's parent yourself and deal with it. I swear parents today have no desire to actually be parents.

Doesn't this also violate the 5th amendment?

[ShetKid]

I wouldn't be surprised. My brother's school actually have him and his parents sign a page saying that he cannot use social networking sites until he reaches High School.

[pattu1]

I wouldn't be surprised. My brother's school actually have him and his parents sign a page saying that he cannot use social networking sites until he reaches High School.

Barring students from using social networking sites is one thing. I feel asking for passwords is far worse and more intrusive.
If this goes through, I wouldn't be surprised if employers start making such demands too.

[Chef Ramsay]

Parents should be responsible for watching over the content that their kids are engaged in, not the schools. But, that's what you get and can expect more of as you turn your kid's education over to the state. Many people have no other option since they can't afford sending them to private schools or having one parent stay home to homeschool them.

[manis]

This would probably give a fillip to social networking sites where real identity does not have to be revealed. Then you could have plausible deniability. "I am sorry, but my son doesn't control that account".

[Agestorzrxx]

Like "stop and frisk", this is complete bullcrap. If someone saw someone post a threatening message or bully on social media, someone else should be able to see it without having to infringe on the accused's privacy.

[Snail2]

Sounds a bit intrusive. I think schools shouldn't have the right to get involved in off school activities.

[ShetKid]

I wouldn't be surprised. My brother's school actually have him and his parents sign a page saying that he cannot use social networking sites until he reaches High School.

Barring students from using social networking sites is one thing. I feel asking for passwords is far worse and more intrusive.
If this goes through, I wouldn't be surprised if employers start making such demands too.

Thats true. But like Snail said, School shouldn't really get themselves involved with Off-School activities . Their main responsibility is educate children . Its the parents responsibilities to take care of what they do off school. 

[saddampbuh]

how can this be lawful?

[EternalWingsofGod]

I wouldn't be surprised. My brother's school actually have him and his parents sign a page saying that he cannot use social networking sites until he reaches High School.

Really, that's the first time I've ever heard of something like that
It's not legally enforeable as a contract because hes a minor but by having his parents sign it they can make it enforceable... but the question is the school would not be able to sue for it, they would lose that case.

Either way back to main topic I think it's a dumb law that wouldn't be enforced nor should be allowed, these lawmakers are idiots and need to be whipped ^^ (Sorry that was a tad mean but seriously whose bright idea was it to make an unenforcable law cannon lol)
I think I have a beef with those Cyber Bullying groups they crossed a line with this one, there are better ways to approach it.