SB2427: SCH CD-WIRELESS COMM DEVICE

SB2427 Enrolled LRB104 12240 LNS 22347 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by adding Sections 5 10-20.88, 27A-5.3, and 34-18.14a and by changing Section 6 10-22.6 as follows: 7 (105 ILCS 5/10-20.88 new) 8 Sec. 10-20.88. Wireless communication device policy. 9 (a) As used in this Section: 10 "School time" means the time students spend on a school 11 campus during the regular school day, beginning with the 12 designated arrival time for students through the designated 13 dismissal time for students, including instructional time, 14 recess, lunch, and passing periods. "School time" does not 15 include a before-school or after-school activity or a 16 student's presence at an off-campus learning opportunity. 17 "Wireless communication device" means any portable 18 wireless device that has the capability to provide voice, 19 messaging, or other data communication between 2 or more 20 parties, including, but not limited to: 21 (1) cellular telephones; 22 (2) tablet computers; 23 (3) laptop computers; SB2427 Enrolled - 2 - LRB104 12240 LNS 22347 b 1 (4) gaming devices; and 2 (5) wearable devices, including smart watches or smart 3 glasses, except if those devices have disabled the 4 capability to provide messaging or transmit other data 5 communications. 6 "Wireless communication device" does not include any device 7 that a school district or teacher has directly issued to, 8 provided for, or required a student to possess and use for 9 educational purposes. 10 (b) On or before the beginning of the 2027-2028 school 11 year, each school board shall adopt and implement a wireless 12 communication device policy that: 13 (1) at a minimum, prohibits a student from using a 14 wireless communication device during school time, except 15 as otherwise provided in subsections (c) and (d); 16 (2) incorporates guidance for wireless communication 17 device storage within a school building during school 18 time; 19 (3) states the importance of uniform enforcement of 20 the policy in each school and the handling of 21 implementation in a trauma-informed, developmentally 22 appropriate manner; and 23 (4) if a school, as an administrative response for a 24 violation of the policy by a student, requires the 25 student's parent or guardian to retrieve the wireless 26 communication device at the school building, provides an SB2427 Enrolled - 3 - LRB104 12240 LNS 22347 b 1 alternative for cases in which a parent or guardian is 2 unable to appear in person. 3 The policy adopted under this subsection and 4 administrative responses for violations of the policy shall be 5 published in a student handbook, if one exists. 6 (c) The policy adopted and implemented under subsection 7 (b) may not prohibit a student from using a wireless 8 communication device during school time under the following 9 circumstances: 10 (1) if a licensed physician, physician assistant, or 11 nurse practitioner determines that the possession or use 12 of a wireless communication device is necessary for the 13 management of the student's health care and the student 14 uses the wireless communication device only as prescribed 15 by the licensed physician, physician assistant, or nurse 16 practitioner; 17 (2) to fulfill an individualized education program, a 18 plan developed under Section 504 of the federal 19 Rehabilitation Act of 1973, the student's health care 20 provider's medical orders, or another written 21 accommodation plan; 22 (3) if school personnel have determined the wireless 23 communication device is necessary for students who are 24 English learners, as defined in Section 14C-2, to access 25 learning materials; 26 (4) if school personnel have determined, on a SB2427 Enrolled - 4 - LRB104 12240 LNS 22347 b 1 case-by-case basis, the wireless communication device is 2 necessary for a student caregiver who is routinely 3 responsible for the care and well-being of a family 4 member; or 5 (5) as required by any other State or federal law. 6 (d) The policy adopted and implemented under subsection 7 (b) may allow for the following exceptions: 8 (1) at the discretion of the school district, the 9 school district may allow the definition of school time to 10 exclude a high school student's lunch and passing periods; 11 (2) if school personnel have authorized the student to 12 use a wireless communication device for educational 13 purposes; and 14 (3) in the event of an emergency as detailed in at 15 least one of the school district's emergency and crisis 16 response plans, protocols, or procedures. 17 (e) No school district may enforce the wireless 18 communication device policy through fees, fines, suspensions, 19 expulsions, or the deployment of a school resource officer or 20 local law enforcement officer; however, this prohibition does 21 not extend to the use of a wireless communication device to 22 engage in other gross disobedience or misconduct. 23 (f) The development of the policy in subsection (b) shall 24 include, at a minimum, input from the local collective 25 bargaining agent representing teachers, if any, 26 administrators, and parents or guardians. Student input in the SB2427 Enrolled - 5 - LRB104 12240 LNS 22347 b 1 development of the policy in subsection (b) is encouraged. 2 Each school board shall review its wireless communication 3 device policy at least once every 3 years and make any 4 necessary and appropriate revisions to the policy. During this 5 review, each school board shall engage, at a minimum, the 6 local collective bargaining agent representing teachers, if 7 any, administrators, and parents or guardians for input and 8 consider any available data on the enforcement of the wireless 9 communication device policy. The development and review of the 10 wireless communication device policy in this subsection may be 11 accomplished through the use of the parent-teacher advisory 12 committee set forth in Section 10-20.14. 13 (g) A school board and any school personnel are immune 14 from any liability resulting from damage to a wireless 15 communication device if the device is stored in good faith and 16 in accordance with the school board's wireless communication 17 device policy. This subsection does not apply if the damage to 18 the wireless communication device is caused by the willful or 19 wanton conduct of school personnel. 20 (h) The wireless communication device policy shall be 21 posted on the school district's publicly accessible Internet 22 website. The wireless communication device policy shall be 23 provided annually to parents, guardians, and school personnel, 24 including new employees and substitute teachers when hired. 25 Provision of a hyperlink to the policy satisfies the 26 requirements of this subsection. SB2427 Enrolled - 6 - LRB104 12240 LNS 22347 b 1 (i) By September 1, 2026, the State Board of Education 2 shall post on its website a template for a model wireless 3 communication device policy. 4 (j) If a school district has an existing wireless 5 communication device policy in place before the effective date 6 of this amendatory Act of the 104th General Assembly that 7 limits wireless communication devices during a majority of or 8 the entirety of the school day, the district may keep its 9 existing policy in place through the 2030-2031 school year, at 10 which point the district must adopt a wireless communication 11 device policy meeting the requirements of the policy described 12 in subsection (b). 13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) 14 Sec. 10-22.6. Suspension or expulsion of students; school 15 searches. 16 (a) To expel students guilty of gross disobedience or 17 misconduct, including gross disobedience or misconduct 18 perpetuated by electronic means, pursuant to subsection (b-20) 19 of this Section, and no action shall lie against them for such 20 expulsion. Expulsion shall take place only after the parents 21 or guardians have been requested to appear at a meeting of the 22 board, or with a hearing officer appointed by it, to discuss 23 their child's behavior. Such request shall be made by 24 registered or certified mail and shall state the time, place 25 and purpose of the meeting. The board, or a hearing officer SB2427 Enrolled - 7 - LRB104 12240 LNS 22347 b 1 appointed by it, at such meeting shall state the reasons for 2 dismissal and the date on which the expulsion is to become 3 effective. If a hearing officer is appointed by the board, the 4 hearing officer shall report to the board a written summary of 5 the evidence heard at the meeting and the board may take such 6 action thereon as it finds appropriate. If the board acts to 7 expel a student, the written expulsion decision shall detail 8 the specific reasons why removing the student from the 9 learning environment is in the best interest of the school. 10 The expulsion decision shall also include a rationale as to 11 the specific duration of the expulsion. An expelled student 12 may be immediately transferred to an alternative program in 13 the manner provided in Article 13A or 13B of this Code. A 14 student must not be denied transfer because of the expulsion, 15 except in cases in which such transfer is deemed to cause a 16 threat to the safety of students or staff in the alternative 17 program. 18 (b) To suspend or by policy to authorize the 19 superintendent of the district or the principal, assistant 20 principal, or dean of students of any school to suspend 21 students guilty of gross disobedience or misconduct, or to 22 suspend students guilty of gross disobedience or misconduct on 23 the school bus from riding the school bus, pursuant to 24 subsections (b-15) and (b-20) of this Section, and no action 25 shall lie against them for such suspension. The board may by 26 policy authorize the superintendent of the district or the SB2427 Enrolled - 8 - LRB104 12240 LNS 22347 b 1 principal, assistant principal, or dean of students of any 2 school to suspend students guilty of such acts for a period not 3 to exceed 10 school days. If a student is suspended due to 4 gross disobedience or misconduct on a school bus, the board 5 may suspend the student in excess of 10 school days for safety 6 reasons. 7 Any suspension shall be reported immediately to the 8 parents or guardians of a student along with a full statement 9 of the reasons for such suspension and a notice of their right 10 to a review. The school board must be given a summary of the 11 notice, including the reason for the suspension and the 12 suspension length. Upon request of the parents or guardians, 13 the school board or a hearing officer appointed by it shall 14 review such action of the superintendent or principal, 15 assistant principal, or dean of students. At such review, the 16 parents or guardians of the student may appear and discuss the 17 suspension with the board or its hearing officer. If a hearing 18 officer is appointed by the board, he shall report to the board 19 a written summary of the evidence heard at the meeting. After 20 its hearing or upon receipt of the written report of its 21 hearing officer, the board may take such action as it finds 22 appropriate. If a student is suspended pursuant to this 23 subsection (b), the board shall, in the written suspension 24 decision, detail the specific act of gross disobedience or 25 misconduct resulting in the decision to suspend. The 26 suspension decision shall also include a rationale as to the SB2427 Enrolled - 9 - LRB104 12240 LNS 22347 b 1 specific duration of the suspension. 2 (b-5) Among the many possible disciplinary interventions 3 and consequences available to school officials, school 4 exclusions, such as out-of-school suspensions and expulsions, 5 are the most serious. Out-of-school suspension or expulsion 6 may not be used if the sole grounds for the out-of-school 7 suspension or expulsion is that the student accessed a 8 wireless communication device in violation of the policy 9 adopted and implemented pursuant to Section 10-20.88, 27A-5.3, 10 or 34-18.14a; however, this limitation on out-of-school 11 suspension or expulsion does not extend to the use of a 12 wireless communication device to engage in other gross 13 disobedience or misconduct. School officials shall limit the 14 number and duration of expulsions and suspensions to the 15 greatest extent practicable, and it is recommended that they 16 use them only for legitimate educational purposes. To ensure 17 that students are not excluded from school unnecessarily, it 18 is recommended that school officials consider forms of 19 non-exclusionary discipline prior to using out-of-school 20 suspensions or expulsions. 21 (b-10) Unless otherwise required by federal law or this 22 Code, school boards may not institute zero-tolerance policies 23 by which school administrators are required to suspend or 24 expel students for particular behaviors. 25 (b-15) Out-of-school suspensions of 3 days or less may be 26 used only if the student's continuing presence in school would SB2427 Enrolled - 10 - LRB104 12240 LNS 22347 b 1 pose a threat to school safety or a disruption to other 2 students' learning opportunities. For purposes of this 3 subsection (b-15), "threat to school safety or a disruption to 4 other students' learning opportunities" shall be determined on 5 a case-by-case basis by the school board or its designee. 6 School officials shall make all reasonable efforts to resolve 7 such threats, address such disruptions, and minimize the 8 length of suspensions to the greatest extent practicable. 9 (b-20) Unless otherwise required by this Code, 10 out-of-school suspensions of longer than 3 days, expulsions, 11 and disciplinary removals to alternative schools may be used 12 only if other appropriate and available behavioral and 13 disciplinary interventions have been exhausted and the 14 student's continuing presence in school would either (i) pose 15 a threat to the safety of other students, staff, or members of 16 the school community or (ii) substantially disrupt, impede, or 17 interfere with the operation of the school. For purposes of 18 this subsection (b-20), "threat to the safety of other 19 students, staff, or members of the school community" and 20 "substantially disrupt, impede, or interfere with the 21 operation of the school" shall be determined on a case-by-case 22 basis by school officials. For purposes of this subsection 23 (b-20), the determination of whether "appropriate and 24 available behavioral and disciplinary interventions have been 25 exhausted" shall be made by school officials. School officials 26 shall make all reasonable efforts to resolve such threats, SB2427 Enrolled - 11 - LRB104 12240 LNS 22347 b 1 address such disruptions, and minimize the length of student 2 exclusions to the greatest extent practicable. Within the 3 suspension decision described in subsection (b) of this 4 Section or the expulsion decision described in subsection (a) 5 of this Section, it shall be documented whether other 6 interventions were attempted or whether it was determined that 7 there were no other appropriate and available interventions. 8 (b-25) Students who are suspended out-of-school for longer 9 than 3 school days shall be provided appropriate and available 10 support services during the period of their suspension. For 11 purposes of this subsection (b-25), "appropriate and available 12 support services" shall be determined by school authorities. 13 Within the suspension decision described in subsection (b) of 14 this Section, it shall be documented whether such services are 15 to be provided or whether it was determined that there are no 16 such appropriate and available services. 17 A school district may refer students who are expelled to 18 appropriate and available support services. 19 A school district shall create a policy to facilitate the 20 re-engagement of students who are suspended out-of-school, 21 expelled, or returning from an alternative school setting. In 22 consultation with stakeholders deemed appropriate by the State 23 Board of Education, the State Board of Education shall draft 24 and publish guidance for the re-engagement of students who are 25 suspended out-of-school, expelled, or returning from an 26 alternative school setting in accordance with this Section and SB2427 Enrolled - 12 - LRB104 12240 LNS 22347 b 1 Section 13A-4 on or before July 1, 2025. 2 (b-30) A school district shall create a policy by which 3 suspended students, including those students suspended from 4 the school bus who do not have alternate transportation to 5 school, shall have the opportunity to make up work for 6 equivalent academic credit. It shall be the responsibility of 7 a student's parents or guardians to notify school officials 8 that a student suspended from the school bus does not have 9 alternate transportation to school. 10 (b-35) In all suspension review hearings conducted under 11 subsection (b) or expulsion hearings conducted under 12 subsection (a), a student may disclose any factor to be 13 considered in mitigation, including his or her status as a 14 parent, expectant parent, or victim of domestic or sexual 15 violence, as defined in Article 26A. A representative of the 16 parent's or guardian's choice, or of the student's choice if 17 emancipated, must be permitted to represent the student 18 throughout the proceedings and to address the school board or 19 its appointed hearing officer. With the approval of the 20 student's parent or guardian, or of the student if 21 emancipated, a support person must be permitted to accompany 22 the student to any disciplinary hearings or proceedings. The 23 representative or support person must comply with any rules of 24 the school district's hearing process. If the representative 25 or support person violates the rules or engages in behavior or 26 advocacy that harasses, abuses, or intimidates either party, a SB2427 Enrolled - 13 - LRB104 12240 LNS 22347 b 1 witness, or anyone else in attendance at the hearing, the 2 representative or support person may be prohibited from 3 further participation in the hearing or proceeding. A 4 suspension or expulsion proceeding under this subsection 5 (b-35) must be conducted independently from any ongoing 6 criminal investigation or proceeding, and an absence of 7 pending or possible criminal charges, criminal investigations, 8 or proceedings may not be a factor in school disciplinary 9 decisions. 10 (b-40) During a suspension review hearing conducted under 11 subsection (b) or an expulsion hearing conducted under 12 subsection (a) that involves allegations of sexual violence by 13 the student who is subject to discipline, neither the student 14 nor his or her representative shall directly question nor have 15 direct contact with the alleged victim. The student who is 16 subject to discipline or his or her representative may, at the 17 discretion and direction of the school board or its appointed 18 hearing officer, suggest questions to be posed by the school 19 board or its appointed hearing officer to the alleged victim. 20 (c) A school board must invite a representative from a 21 local mental health agency to consult with the board at the 22 meeting whenever there is evidence that mental illness may be 23 the cause of a student's expulsion or suspension. 24 (c-5) School districts shall make reasonable efforts to 25 provide ongoing professional development to all school 26 personnel, school board members, and school resource officers SB2427 Enrolled - 14 - LRB104 12240 LNS 22347 b 1 on the requirements of this Section and Section 10-20.14, the 2 adverse consequences of school exclusion and justice-system 3 involvement, effective classroom management strategies, 4 culturally responsive discipline, trauma-responsive learning 5 environments, as defined in subsection (b) of Section 3-11, 6 the appropriate and available supportive services for the 7 promotion of student attendance and engagement, and 8 developmentally appropriate disciplinary methods that promote 9 positive and healthy school climates. 10 (d) The board may expel a student for a definite period of 11 time not to exceed 2 calendar years, as determined on a 12 case-by-case basis. A student who is determined to have 13 brought one of the following objects to school, any 14 school-sponsored activity or event, or any activity or event 15 that bears a reasonable relationship to school shall be 16 expelled for a period of not less than one year: 17 (1) A firearm. For the purposes of this Section, 18 "firearm" means any gun, rifle, shotgun, weapon as defined 19 by Section 921 of Title 18 of the United States Code, 20 firearm as defined in Section 1.1 of the Firearm Owners 21 Identification Card Act, or firearm as defined in Section 22 24-1 of the Criminal Code of 2012. The expulsion period 23 under this subdivision (1) may be modified by the 24 superintendent, and the superintendent's determination may 25 be modified by the board on a case-by-case basis. 26 (2) A knife, brass knuckles or other knuckle weapon SB2427 Enrolled - 15 - LRB104 12240 LNS 22347 b 1 regardless of its composition, a billy club, or any other 2 object if used or attempted to be used to cause bodily 3 harm, including "look alikes" of any firearm as defined in 4 subdivision (1) of this subsection (d). The expulsion 5 requirement under this subdivision (2) may be modified by 6 the superintendent, and the superintendent's determination 7 may be modified by the board on a case-by-case basis. 8 Expulsion or suspension shall be construed in a manner 9 consistent with the federal Individuals with Disabilities 10 Education Act. A student who is subject to suspension or 11 expulsion as provided in this Section may be eligible for a 12 transfer to an alternative school program in accordance with 13 Article 13A of the School Code. 14 (d-5) The board may suspend or by regulation authorize the 15 superintendent of the district or the principal, assistant 16 principal, or dean of students of any school to suspend a 17 student for a period not to exceed 10 school days or may expel 18 a student for a definite period of time not to exceed 2 19 calendar years, as determined on a case-by-case basis, if (i) 20 that student has been determined to have made an explicit 21 threat on an Internet website against a school employee, a 22 student, or any school-related personnel, (ii) the Internet 23 website through which the threat was made is a site that was 24 accessible within the school at the time the threat was made or 25 was available to third parties who worked or studied within 26 the school grounds at the time the threat was made, and (iii) SB2427 Enrolled - 16 - LRB104 12240 LNS 22347 b 1 the threat could be reasonably interpreted as threatening to 2 the safety and security of the threatened individual because 3 of the individual's duties or employment status or status as a 4 student inside the school. 5 (e) To maintain order and security in the schools, school 6 authorities may inspect and search places and areas such as 7 lockers, desks, parking lots, and other school property and 8 equipment owned or controlled by the school, as well as 9 personal effects left in those places and areas by students, 10 without notice to or the consent of the student, and without a 11 search warrant. As a matter of public policy, the General 12 Assembly finds that students have no reasonable expectation of 13 privacy in these places and areas or in their personal effects 14 left in these places and areas. School authorities may request 15 the assistance of law enforcement officials for the purpose of 16 conducting inspections and searches of lockers, desks, parking 17 lots, and other school property and equipment owned or 18 controlled by the school for illegal drugs, weapons, or other 19 illegal or dangerous substances or materials, including 20 searches conducted through the use of specially trained dogs. 21 If a search conducted in accordance with this Section produces 22 evidence that the student has violated or is violating either 23 the law, local ordinance, or the school's policies or rules, 24 such evidence may be seized by school authorities, and 25 disciplinary action may be taken. School authorities may also 26 turn over such evidence to law enforcement authorities. SB2427 Enrolled - 17 - LRB104 12240 LNS 22347 b 1 (f) Suspension or expulsion may include suspension or 2 expulsion from school and all school activities and a 3 prohibition from being present on school grounds. 4 (g) A school district may adopt a policy providing that if 5 a student is suspended or expelled for any reason from any 6 public or private school in this or any other state, the 7 student must complete the entire term of the suspension or 8 expulsion in an alternative school program under Article 13A 9 of this Code or an alternative learning opportunities program 10 under Article 13B of this Code before being admitted into the 11 school district if there is no threat to the safety of students 12 or staff in the alternative program. A school district that 13 adopts a policy under this subsection (g) must include a 14 provision allowing for consideration of any mitigating 15 factors, including, but not limited to, a student's status as 16 a parent, expectant parent, or victim of domestic or sexual 17 violence, as defined in Article 26A. 18 (h) School officials shall not advise or encourage 19 students to drop out voluntarily due to behavioral or academic 20 difficulties. 21 (i) In this subsection (i), "municipal code violation" 22 means the violation of a rule or regulation established by a 23 local government authority, authorized by Section 1-2-1 of the 24 Illinois Municipal Code. 25 A student must not be issued a monetary fine, fee, ticket, 26 or citation as a school-based disciplinary consequence or for SB2427 Enrolled - 18 - LRB104 12240 LNS 22347 b 1 a municipal code violation or a violation of the policy 2 adopted and implemented pursuant to Section 10-20.88, 27A-5.3, 3 or 34-18.14a on school grounds during school hours or while 4 taking school transportation by any person, though this shall 5 not preclude requiring a student to provide restitution for 6 lost, stolen, or damaged property. 7 This subsection (i) does not modify school disciplinary 8 responses under this Section or Section 10-20.14 of this Code 9 that existed before the effective date of this amendatory Act 10 of the 104th General Assembly or responses to alleged 11 delinquent or criminal conduct set forth in this Code, Article 12 V of the Juvenile Court Act of 1987, or the Criminal Code of 13 2012. This subsection (i) does not apply to violations of 14 traffic, boating, or fish and game laws. 15 (j) Subsections (a) through (i) of this Section shall 16 apply to elementary and secondary schools, charter schools, 17 special charter districts, and school districts organized 18 under Article 34 of this Code. 19 (k) Through June 30, 2026, the expulsion of students 20 enrolled in programs funded under Section 1C-2 of this Code is 21 subject to the requirements under paragraph (7) of subsection 22 (a) of Section 2-3.71 of this Code. 23 (k-5) On and after July 1, 2026, the expulsion of children 24 enrolled in programs funded under Section 15-25 of the 25 Department of Early Childhood Act is subject to the 26 requirements of paragraph (7) of subsection (a) of Section SB2427 Enrolled - 19 - LRB104 12240 LNS 22347 b 1 15-30 of the Department of Early Childhood Act. 2 (l) An in-school suspension program provided by a school 3 district for any students in kindergarten through grade 12 may 4 focus on promoting non-violent conflict resolution and 5 positive interaction with other students and school personnel. 6 A school district may employ a school social worker or a 7 licensed mental health professional to oversee an in-school 8 suspension program in kindergarten through grade 12. 9 (Source: P.A. 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; 10 104-417, eff. 8-15-25; 104-430, eff. 8-20-25.) 11 (105 ILCS 5/27A-5.3 new) 12 Sec. 27A-5.3. Wireless communication device policy. 13 (a) As used in this Section: 14 "School time" means the time students spend on a school 15 campus during the regular school day, beginning with the 16 designated arrival time for students through the designated 17 dismissal time for students, including instructional time, 18 recess, lunch, and passing periods. "School time" does not 19 include a before-school or after-school activity or a 20 student's presence at an off-campus learning opportunity. 21 "Wireless communication device" means any portable 22 wireless device that has the capability to provide voice, 23 messaging, or other data communication between 2 or more 24 parties, including, but not limited to: 25 (1) cellular telephones; SB2427 Enrolled - 20 - LRB104 12240 LNS 22347 b 1 (2) tablet computers; 2 (3) laptop computers; 3 (4) gaming devices; and 4 (5) wearable devices, including smart watches or smart 5 glasses, except if those devices have disabled the 6 capability to provide messaging or transmit other data 7 communications. 8 "Wireless communication device" does not include any device 9 that a school district or teacher has directly issued to, 10 provided for, or required a student to possess and use for 11 educational purposes. 12 (b) On or before the beginning of the 2027-2028 school 13 year, each charter school shall adopt and implement a wireless 14 communication device policy that: 15 (1) at a minimum, prohibits a student from using a 16 wireless communication device during school time, except 17 as otherwise provided in subsections (c) and (d); 18 (2) incorporates guidance for wireless communication 19 device storage within a school building during school 20 time; 21 (3) states the importance of uniform enforcement of 22 the policy in each school and the handling of 23 implementation of the policy in a trauma-informed, 24 developmentally appropriate manner; and 25 (4) if a school, as an administrative response for a 26 violation of the policy by a student, requires the SB2427 Enrolled - 21 - LRB104 12240 LNS 22347 b 1 student's parent or guardian to retrieve the wireless 2 communication device at the school building, provides an 3 alternative for cases in which a parent or guardian is 4 unable to appear in person. 5 The policy adopted under this subsection and 6 administrative responses for violations of the policy shall be 7 published in a student handbook, if one exists. 8 (c) The policy adopted and implemented under subsection 9 (b) may not prohibit a student from using a wireless 10 communication device during school time under the following 11 circumstances: 12 (1) if a licensed physician, physician assistant, or 13 nurse practitioner determines that the possession or use 14 of a wireless communication device is necessary for the 15 management of the student's health care and the student 16 uses the wireless communication device only as prescribed 17 by the licensed physician, physician assistant, or nurse 18 practitioner; 19 (2) to fulfill an individualized education program, a 20 plan developed under Section 504 of the federal 21 Rehabilitation Act of 1973, the student's health care 22 provider's medical orders, or another written 23 accommodation plan; 24 (3) if school personnel have determined the wireless 25 communication device is necessary for students who are 26 English learners, as defined in Section 14C-2, to access SB2427 Enrolled - 22 - LRB104 12240 LNS 22347 b 1 learning materials; 2 (4) if school personnel have determined, on a 3 case-by-case basis, the wireless communication device is 4 necessary for a student caregiver who is routinely 5 responsible for the care and well-being of a family 6 member; or 7 (5) as required by any other State or federal law. 8 (d) The policy adopted and implemented under subsection 9 (b) may allow for the following exceptions: 10 (1) at the discretion of the charter school, the 11 charter school may allow the definition of school time to 12 exclude a high school student's lunch and passing periods; 13 (2) if school personnel have authorized the student to 14 use a wireless communication device for educational 15 purposes; and 16 (3) in the event of an emergency as detailed in at 17 least one of the charter school's emergency and crisis 18 response plans, protocols, or procedures. 19 (e) No charter school may enforce the wireless 20 communication device policy through fees, fines, suspensions, 21 expulsions, or the deployment of a school resource officer or 22 local law enforcement officer; however, this prohibition does 23 not extend to the use of a wireless communication device to 24 engage in other gross disobedience or misconduct. 25 (f) The development of the policy in subsection (b) shall 26 include, at a minimum, input from the local collective SB2427 Enrolled - 23 - LRB104 12240 LNS 22347 b 1 bargaining agent representing teachers, if any, 2 administrators, and parents or guardians. Student input in the 3 development of the policy in subsection (b) is encouraged. 4 Each charter school shall review its wireless communication 5 device policy at least once every 3 years and make any 6 necessary and appropriate revisions to the policy. During this 7 review, each charter school shall engage, at a minimum, the 8 local collective bargaining agent representing teachers, if 9 any, administrators, and parents or guardians for input and 10 consider any available data on the enforcement of the wireless 11 communication device policy. 12 (g) The governing body of a charter school and any school 13 personnel are immune from any liability resulting from damage 14 to a wireless communication device if the device is stored in 15 good faith and in accordance with the charter school's 16 wireless communication device policy. This subsection does not 17 apply if the damage to the wireless communication device is 18 caused by the willful or wanton conduct of school personnel. 19 (h) The wireless communication device policy shall be 20 posted on the charter school's publicly accessible Internet 21 website. The wireless communication device policy shall be 22 provided annually to parents, guardians, and school personnel, 23 including new employees and substitute teachers when hired. 24 Provision of a hyperlink to the policy satisfies the 25 requirements of this subsection. 26 (i) If a charter school has an existing wireless SB2427 Enrolled - 24 - LRB104 12240 LNS 22347 b 1 communication device policy in place before the effective date 2 of this amendatory Act of the 104th General Assembly that 3 limits wireless communication devices during a majority of or 4 the entirety of the school day, the charter school may keep its 5 existing policy in place through the 2030-2031 school year, at 6 which point the charter school must adopt a wireless 7 communication device policy meeting the requirements of the 8 policy described in subsection (b). 9 (105 ILCS 5/34-18.14a new) 10 Sec. 34-18.14a. Wireless communication device policy. 11 (a) As used in this Section: 12 "School time" means the time students spend on a school 13 campus during the regular school day, beginning with the 14 designated arrival time for students through the designated 15 dismissal time for students, including instructional time, 16 recess, lunch, and passing periods. "School time" does not 17 include a before-school or after-school activity or a 18 student's presence at an off-campus learning opportunity. 19 "Wireless communication device" means any portable 20 wireless device that has the capability to provide voice, 21 messaging, or other data communication between 2 or more 22 parties, including, but not limited to: 23 (1) cellular telephones; 24 (2) tablet computers; 25 (3) laptop computers; SB2427 Enrolled - 25 - LRB104 12240 LNS 22347 b 1 (4) gaming devices; and 2 (5) wearable devices, including smart watches or smart 3 glasses, except if those devices have disabled the 4 capability to provide messaging or transmit other data 5 communications. 6 "Wireless communication device" does not include any device 7 that a school district or teacher has directly issued to, 8 provided for, or required a student to possess and use for 9 educational purposes. 10 (b) On or before the beginning of the 2027-2028 school 11 year, the board shall adopt and implement a wireless 12 communication device policy that: 13 (1) at a minimum, prohibits a student from using a 14 wireless communication device during school time, except 15 as otherwise provided in subsections (c) and (d); 16 (2) incorporates guidance for wireless communication 17 device storage within a school building during school 18 time; 19 (3) states the importance of uniform enforcement of 20 the policy in each school and the handling of 21 implementation of the policy in a trauma-informed, 22 developmentally appropriate manner; and 23 (4) if a school, as an administrative response for a 24 violation of the policy by a student, requires the 25 student's parent or guardian to retrieve the wireless 26 communication device at the school building, provides an SB2427 Enrolled - 26 - LRB104 12240 LNS 22347 b 1 alternative for cases in which a parent or guardian is 2 unable to appear in person. 3 The policy adopted under this subsection and 4 administrative responses for violations of the policy shall be 5 published in a student handbook, if one exists. 6 (c) The policy adopted and implemented under subsection 7 (b) may not prohibit a student from using a wireless 8 communication device during school time under the following 9 circumstances: 10 (1) if a licensed physician, physician assistant, or 11 nurse practitioner determines that the possession or use 12 of a wireless communication device is necessary for the 13 management of the student's health care and the student 14 uses the wireless communication device only as prescribed 15 by the licensed physician, physician assistant, or nurse 16 practitioner; 17 (2) to fulfill an individualized education program, a 18 plan developed under Section 504 of the federal 19 Rehabilitation Act of 1973, the student's health care 20 provider's medical orders, or another written 21 accommodation plan; 22 (3) if school personnel have determined the wireless 23 communication device is necessary for students who are 24 English learners, as defined in Section 14C-2, to access 25 learning materials; 26 (4) if school personnel have determined, on a SB2427 Enrolled - 27 - LRB104 12240 LNS 22347 b 1 case-by-case basis, the wireless communication device is 2 necessary for a student caregiver who is routinely 3 responsible for the care and well-being of a family 4 member; or 5 (5) as required by any other State or federal law. 6 (d) The policy adopted and implemented under subsection 7 (b) may allow for the following exceptions: 8 (1) at the discretion of the school district, the 9 school district may allow the definition of school time to 10 exclude a high school student's lunch and passing periods; 11 (2) if school personnel have authorized the student to 12 use a wireless communication device for educational 13 purposes; and 14 (3) in the event of an emergency as detailed in at 15 least one of the school district's emergency and crisis 16 response plans, protocols, or procedures. 17 (e) The school district may not enforce the wireless 18 communication device policy through fees, fines, suspensions, 19 expulsions, or the deployment of a school resource officer or 20 local law enforcement officer; however, this prohibition does 21 not extend to the use of a wireless communication device to 22 engage in other gross disobedience or misconduct. 23 (f) The development of the policy in subsection (b) shall 24 include, at a minimum, input from the local collective 25 bargaining agent representing teachers, if any, 26 administrators, and parents or guardians. Student input in the SB2427 Enrolled - 28 - LRB104 12240 LNS 22347 b 1 development of the policy in subsection (b) is encouraged. The 2 board shall review its wireless communication device policy at 3 least once every 3 years and make any necessary and 4 appropriate revisions to the policy. During this review, The 5 board shall engage, at a minimum, the local collective 6 bargaining agent representing teachers, if any, 7 administrators, and parents or guardians for input and 8 consider any available data on the enforcement of the wireless 9 communication device policy. 10 (g) The board and any school personnel are immune from any 11 liability resulting from damage to a wireless communication 12 device if the device is stored in good faith and in accordance 13 with the board's wireless communication device policy. This 14 subsection does not apply if the damage to the wireless 15 communication device is caused by the willful or wanton 16 conduct of school personnel. 17 (h) The wireless communication device policy shall be 18 posted on the school district's publicly accessible Internet 19 website. The wireless communication device policy shall be 20 provided annually to parents, guardians, and school personnel, 21 including new employees and substitute teachers when hired. 22 Provision of a hyperlink to the policy satisfies the 23 requirements of this subsection. 24 (i) If the school district has an existing wireless 25 communication device policy in place before the effective date 26 of this amendatory Act of the 104th General Assembly that SB2427 Enrolled - 29 - LRB104 12240 LNS 22347 b 1 limits wireless communication devices during a majority of or 2 the entirety of the school day, the district may keep its 3 existing policy in place through the 2030-2031 school year, at 4 which point the district must adopt a wireless communication 5 device policy meeting the requirements of the policy described 6 in subsection (b). 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.