Ill. Admin. Code tit. 23 § 380.5

Current through Register Vol. 48, No. 45, November 8, 2024
Section 380.5 - Definitions

"Covered Information" means personally identifiable information or material or information that is linked to personally identifiable information or material in any media or format that is not publicly available and is any of the following:

created by or provided to an operator by a student or the student's parent in the course of the student's or parent's use of the operator's site, service, or application for K through 12 school purposes;

created by or provided to an operator by an employee or agent of a school or school district for K through 12 school purposes; or

gathered by an operator through the operation of its site, service, or application for K through 12 school purposes and personally identifies a student, including, but not limited to, information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, a social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.

"K through 12 School Purposes" means purposes that are directed by or that customarily take place at the direction of a school, teacher, or school district; aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents; or are otherwise for the use and benefit of the school.

"Operator" means, to the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K through 12 school purposes and was designed and marketed for K through 12 school purposes. (Section 5 of the Student Online Personal Protection Act)

"Parent" has the meaning given to that term under the Illinois School Student Records Act [105 ILCS 10].

"School" means any preschool, public kindergarten, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency or institution; or any person, agency, or institution that maintains school student records from more than one school. (Section 5 of the Student Online Personal Protection Act)

"School Code" or "Code" means 105 ILCS 5.

"SOPPA" means the Student Online Personal Protection Act [105 ILCS 85].

"State Board" means the State Board of Education.

"Student" has the meaning given to that term under the Illinois School Student Records Act.

Ill. Admin. Code tit. 23, § 380.5

Added at 45 Ill. Reg. 8304, effective 6/24/2021.