All About Illinois’ Data Breach Law:

Why Illinois' Data Breach Law Matters for K–12 Districts

Understanding All About Illinois' Data Breach Law: Requirements for K–12 Districts begins with SOPPA—the Student Online Personal Protection Act. Updated by House Bill 3606 and effective July 1, 2021, SOPPA is one of the most comprehensive student data security laws in the U.S. It fundamentally changed how K–12 schools, EdTech vendors, and the Illinois State Board of Education must handle student data.

Quick Answer: Here's what Illinois K–12 districts must do under SOPPA:

• Designate a Privacy Officer to oversee data security compliance.
• Post detailed information on your website, including data collected, vendor agreements, and breach history.
• Enter into written agreements with all vendors before they receive student data.
• Notify parents within 30 days of any data breach.
• Implement reasonable security practices that meet or exceed industry standards.
• Never sell, rent, lease, or trade student information.
• Allow parents to inspect, review, and request corrections to their child's data.

SOPPA offers stronger data privacy protection by protecting "covered information"—a broad category including everything from names and grades to biometric and geolocation data.

SOPPA is crucial because schools use numerous online tools that collect student data. The law ensures both schools and their vendors are responsible for protecting this data from attackers.

For K–12 IT Directors, SOPPA compliance is a legal mandate enforced via the Illinois Consumer Fraud and Deceptive Business Practices Act. Compliance not only avoids penalties but also builds parental trust and protects students from data breaches.

Understanding SOPPA's Core Components

The Student Online Personal Protection Act (SOPPA) arose from concerns over the increasing flow of student data through digital platforms with little oversight. As schools adopted more EdTech, the need for stronger data safeguards became clear. SOPPA's goal is to protect student privacy while enabling the use of beneficial technology by setting clear rules for schools, the Illinois State Board of Education, and EdTech providers.

You can read the complete legal text here: Official text of the Student Online Personal Protection Act (SOPPA). For a broader perspective on cybersecurity challenges facing Illinois schools, check out our Cybersecurity Insights for Illinois School Districts.

What Constitutes 'Covered Information' and a 'Breach'?

"Covered information" is the core of SOPPA, defined as any non-public, personally identifiable information (PII) linked to a student. The scope is broad, including:

• Academic records: Grades, test scores, attendance, disciplinary actions.
• Personal identifiers: Student IDs, Social Security numbers, biometric data.
• Contact information: Home addresses, phone numbers, email addresses.
• Socioeconomic data: Free or reduced lunch eligibility.
• Digital footprint: Photos, search activity, voice recordings, geolocation.

Under SOPPA, a breach is the unauthorized acquisition of computerized data that compromises the security of covered information. An exception exists for good faith acquisition by an authorized employee or agent for a legitimate purpose, provided the data isn't misused or improperly shared.

Defining 'K-12 School Purposes' and 'Operators'

The term K-12 school purposes is essential, as it defines the legitimate reasons for collecting and using student data. These purposes include instruction (educational software, assessments), administration (enrollment, grading), and collaboration (student-teacher-parent communication). Crucially, data collected for these purposes cannot be repurposed for advertising, sold, or used for non-educational reasons.

An operator is any entity running an online service, website, or app used primarily for K-12 school purposes, such as a third-party EdTech vendor. Operators are ubiquitous in modern classrooms, including learning management systems and testing platforms. Each is an operator under SOPPA with legal obligations for handling student data.

Understanding operator responsibilities is critical for compliance. For guidance on managing these vendors, read our article Beyond Firewalls: How to Secure Data Shared With Third-Party EdTech Vendors.

A Deep Dive into Illinois' Data Breach Law: Requirements for K–12 Districts

Understanding the specific responsibilities under SOPPA is critical. The law assigns clear, enforceable duties to both schools and their vendor partners (operators) for protecting student data.

Most data breaches now involve third-party vendors. Therefore, having legally-mandated, solid contracts with these vendors is essential. For specific contract language, see our guide on Contract Clauses Every School Should Demand in EdTech Agreements.

Key Responsibilities for Schools and Privacy Officers

K-12 districts have the primary responsibility for student data protection under SOPPA. Key duties include:

• Designate a Privacy Officer: Every district must appoint a Privacy Officer to oversee SOPPA compliance and act as the main contact for data privacy issues. This role is often filled by the IT Director.
• Prohibit Data Misuse: Districts cannot sell, rent, lease, or trade student data. Sharing PII generally requires a written agreement.
• Implement Reasonable Security: It is mandatory to maintain security procedures that meet or exceed industry standards, such as firewalls and secure servers. Our Data Security and Privacy Plan can help you build a strong framework.
• Ensure Public Disclosure: Districts must post on their websites a list of all data elements collected, a list of all operators with copies of their agreements, and a description of how parents can exercise their rights. They must also publish and maintain a list of all data breaches.

Operator (Vendor) Obligations and Written Agreements

SOPPA places equally demanding requirements on EdTech vendors. They must implement reasonable security measures and delete student data upon request. The law also prohibits operators from using student data for targeted advertising, building profiles for non-educational purposes, or selling the data.

The cornerstone of vendor compliance is the written agreement. Before receiving student data, an operator must sign a contract that defines the purpose of data collection, affirms the school's control, commits to reasonable security, and crucially, allocates costs in the event of a data breach. The agreement must also cover data deletion upon contract termination and require the operator to notify the school immediately of any breach.

For more context, read our article on Third-Party Data Breaches 101.

Data Breach Notification Timelines and Procedures

SOPPA establishes tight, non-negotiable timelines for breach notification.

An operator must notify the school of a breach within 30 calendar days of its findy. The school then has 30 calendar days to notify affected parents. An exception exists if law enforcement requests a delay in writing to avoid interfering with an investigation.

The content of the breach notification is also specified. It must include the breach date, a description of the compromised data, contact information for the Privacy Officer, and information on consumer reporting agencies and fraud alerts.

Having a solid plan is critical. Our guide on Incident Response Planning in K12 walks you through building an effective response strategy.

Ensuring Compliance: Parental Rights and Security Measures

A powerful aspect of SOPPA is its focus on parental rights. The law gives families specific, legal rights over their children's data, forming the backbone of student data protection in Illinois.

Parental Rights Under Illinois' Data Breach Law: Requirements for K–12 Districts

SOPPA's parental rights can be summarized as the right to see, fix, and delete student data.

• The right to inspect and review allows parents to see all covered information held by the school, its operators, or the State Board of Education.
• The right to request copies allows parents to get paper or electronic copies of the data within 45 days. A small fee may be charged for paper copies, but inability to pay cannot be a reason for refusal.
• The right to correct factual inaccuracies lets parents request corrections to errors in their child's data. The school has 90 days to comply.
• The right to request deletion gives parents control to have their child's data deleted, provided it doesn't conflict with other laws. Schools must ensure operators also comply.

These parental rights are essential protections that build trust. Our commitment to Privacy means we take them seriously.

How Schools Can Ensure Compliance with SOPPA's Security Requirements

Meeting SOPPA's requirement for "reasonable security procedures and practices" is an ongoing commitment. It means building a culture where protecting student data is a shared responsibility.

• Establish a technical foundation: This includes firewalls, secure servers, data encryption (at rest and in transit), and strict access controls.
• Train your staff relentlessly: Technology alone is not enough. All staff need regular cybersecurity training to recognize phishing and handle data properly. CyberNut's gamified micro-trainings make this effective and engaging. Get your free Phishing Audit to assess your staff's vulnerability.
• Vet your vendors thoroughly: Before signing any contract, investigate the EdTech company's security practices. Insist on SOPPA-compliant agreements that cover breach costs, data deletion, and identify all subcontractors.
• Create clear, written policies: Document your procedures for data collection, use, storage, and deletion in plain language and make them accessible to all staff.
• Audit regularly: Conduct periodic cybersecurity audits to identify weaknesses. Our guide on Cybersecurity Audits: Strengthening K–12 Schools Against Cyber Threats can help.
• Maintain transparency: Keep your website updated with all SOPPA-required information. This demonstrates accountability to families.

SOPPA compliance is about building a security culture. For more on this, see our resources on Cybersecurity Training: Empowering K–12 Staff Against Cyber Threats.

SOPPA's Place in the Broader Privacy Landscape

Protecting student data in Illinois requires understanding how SOPPA works with other privacy laws like FERPA and COPPA. It adds specific state-level protections to the existing federal framework.

Consequences for Violating SOPPA

Knowing the consequences for non-compliance underscores SOPPA's importance. The law is enforced by the Illinois Attorney General through the Illinois Consumer Fraud and Deceptive Business Practices Act.

Non-compliance can trigger investigations by the Attorney General, which are thorough and disruptive. The Attorney General can also pursue legal action, leading to court orders and significant financial penalties. Perhaps most damaging is the reputational cost of a violation, which can shatter parental trust.

The good news is that SOPPA provides a clear framework for protection. Consistent compliance and documentation build a strong security culture.

How SOPPA Interacts with FERPA, COPPA, and Other Laws

SOPPA doesn't replace federal laws; it adds a specific layer of protection for Illinois students in the digital age.

• FERPA (Family Educational Rights and Privacy Act) governs access to and disclosure of student education records. SOPPA extends FERPA's principles to the online environment, adding specific requirements for vendors, security, and breach notification that FERPA lacks. For a deeper dive, see our guide: All About FERPA: The Federal Student Privacy Law That Still Matters in 2025.
• COPPA (Children's Online Privacy Protection Act) requires parental consent for data collection from children under 13 by commercial sites. SOPPA complements this by protecting all K-12 students and placing direct responsibilities on schools, such as public disclosures and mandatory vendor agreements.
• ISSRA (Illinois School Student Records Act) principles of parental access and confidentiality are extended by SOPPA into the digital field.

SOPPA was created because existing federal laws weren't sufficient for the modern EdTech landscape. The bottom line is that these laws work together. Your goal is to understand their overlap and meet the highest standard, which in Illinois means full SOPPA compliance. You can review Further details on HB3606 for more background.

Conclusion: Proactively Protecting Student Data in Illinois

SOPPA is a critical framework for Illinois K-12 districts, not just a compliance hurdle. It proactively protects student data by empowering parents, demanding transparency from schools, and holding vendors accountable.

Key takeaways for K-12 leaders:

• Transparency is paramount: Diligently post all required information on your website so parents know what data is collected and why.
• Strong vendor management is non-negotiable: Ensure all EdTech contracts are SOPPA-compliant, covering security, breach notification, and cost allocation. Thoroughly vet all vendors.
• Empowering parents builds trust: Respect parental rights to inspect, correct, and delete their child's data to build stronger community relationships.
• Robust security practices are essential: Your first line of defense is implementing reasonable security procedures, including technical safeguards, clear policies, and ongoing staff training.

CyberNut understands the unique security challenges K-12 districts face. Our custom, gamified micro-trainings on phishing awareness are designed to empower your staff and strengthen your district's resilience. When it comes to student data, prevention is key.

Don't wait for a breach to find your vulnerabilities. Take the first step toward a more secure future. Get your free Phishing Audit today to assess your district's risk from common cyber attacks.

For more insights on strengthening your cybersecurity, explore more cybersecurity resources for schools. Let's work together to make our schools safer.