Image Courtesy of freedigitalphotos.net/Stuart Miles

Under Illinois new cyber bullying law, schools may require its students to turn over their social media passwords if the school suspects the student in engaging in cyber bullying. As expected, this requirement has caused quite a stir among the parent-student community. Some argue that requiring students to turn over their passwords is an unacceptable invasion of student privacy, while others argue that turning over the passwords is a necessary step to eradicate online cyber bullying.

In enacting the law, which can be found here, the Illinois General Assembly found that “a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students’ ability to learn and participate in school activities.”

The law protects students from being subjected to bullying during any school-sponsored education program or activity, while in school, on school property, on a school bus or other school vehicles, at designated school bus stops, or at school sponsored or sanctioned events. In addition, the law protects students from bullying via a school computer or other electronic school equipment device, a school computer network, or other similar electronic school equipment. Finally, the law protects students from cyber bullying that occurs off campus via technology that is not owned by the school “if the bullying causes a substantial disruption to the educational process or orderly operation of a school.”

The statute defines cyber bullying as “bullying through the use of technology or any electronic communication . . . including without limitation electronic mail, Internet communications, instant messages or facsimile communications.” “‘Cyber-bullying’ includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages” if those messages create the potential effects of bullying noted above.

Interestingly, the law does not explicitly provide that a school may demand a student’s social media account password, but the law provides that schools implement a procedure that includes “a process to investigate whether a reported act of bullying is within the permissible scope of the district’s or school’s jurisdiction.” When the cyber bullying law is read in conjunction with the Right to Privacy in the School Setting Act, Section 10(d), a school may “request or require a student or his or her parent or guardian 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” only if “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.”

The Triad school district in southern Illinois sent the following letter to the parents of its students:

“If your child has an account on a social networking website, e.g. Facebook, Instagram, Twitter, ask.fm, etc., please be aware that State law requires school authorities to notify you that your child may be asked to provide his or her password for these accounts to school official in certain circumstances. Social networking website means an Internet-based service that allows students to: (1) construct a public or semi-public profile within a bounded system created by the service; (2) create a list of other users with whom they share a connection with the system; and (3) view and navigate their list of connections and those made by others within the system.

School authorities may require a student or his or her parent/guardian to provide a password or other related account information in order to gain access to his/her account or profile on a social networking website if school authorities have reasonable cause to believe that a student’s account on a social networking website contains evidence that a student has violated a school disciplinary rule or procedure.”

Some argue the law is unconstitutional and raises serious privacy concerns. We will keep you updated if the law is challenged. If your child has been accused of bullying or if you have any question about the new law or other student administrative procedures, give Laura a call!