SB 2427

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Full Text of SB2427
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	SB2427 - 104th General Assembly
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		SB2427 Enrolled		LRB104 12240 LNS 22347 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by adding Sections
510-20.88, 27A-5.3, and 34-18.14a and by changing Section
610-22.6 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 
11campus during the regular school day, beginning with the 
12designated arrival time for students through the designated 
13dismissal time for students, including instructional time, 
14recess, lunch, and passing periods. "School time" does not 
15include a before-school or after-school activity or a 
16student's presence at an off-campus learning opportunity.
17    "Wireless communication device" means any portable 
18wireless device that has the capability to provide voice, 
19messaging, or other data communication between 2 or more 
20parties, including, but not limited to:
21        (1) cellular telephones;
22        (2) tablet computers;
23        (3) laptop computers;
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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 
7that a school district or teacher has directly issued to, 
8provided for, or required a student to possess and use for 
9educational purposes.
10    (b) On or before the beginning of the 2027-2028 school 
11year, each school board shall adopt and implement a wireless 
12communication 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 
4administrative responses for violations of the policy shall be 
5published 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 
8communication device during school time under the following 
9circumstances:
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 
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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 
18communication device policy through fees, fines, suspensions, 
19expulsions, or the deployment of a school resource officer or 
20local law enforcement officer; however, this prohibition does 
21not extend to the use of a wireless communication device to 
22engage in other gross disobedience or misconduct.
23    (f) The development of the policy in subsection (b) shall 
24include, at a minimum, input from the local collective 
25bargaining agent representing teachers, if any, 
26administrators, and parents or guardians. Student input in the 
		SB2427 Enrolled	- 5 -	LRB104 12240 LNS 22347 b
1development of the policy in subsection (b) is encouraged. 
2Each school board shall review its wireless communication 
3device policy at least once every 3 years and make any 
4necessary and appropriate revisions to the policy. During this 
5review, each school board shall engage, at a minimum, the 
6local collective bargaining agent representing teachers, if 
7any, administrators, and parents or guardians for input and 
8consider any available data on the enforcement of the wireless 
9communication device policy. The development and review of the 
10wireless communication device policy in this subsection may be 
11accomplished through the use of the parent-teacher advisory 
12committee set forth in Section 10-20.14.
13    (g) A school board and any school personnel are immune 
14from any liability resulting from damage to a wireless 
15communication device if the device is stored in good faith and 
16in accordance with the school board's wireless communication 
17device policy. This subsection does not apply if the damage to 
18the wireless communication device is caused by the willful or 
19wanton conduct of school personnel.
20    (h) The wireless communication device policy shall be 
21posted on the school district's publicly accessible Internet 
22website. The wireless communication device policy shall be 
23provided annually to parents, guardians, and school personnel, 
24including new employees and substitute teachers when hired. 
25Provision of a hyperlink to the policy satisfies the 
26requirements of this subsection.
		SB2427 Enrolled	- 6 -	LRB104 12240 LNS 22347 b
1    (i) By September 1, 2026, the State Board of Education 
2shall post on its website a template for a model wireless 
3communication device policy.
4    (j) If a school district has an existing wireless 
5communication device policy in place before the effective date 
6of this amendatory Act of the 104th General Assembly that 
7limits wireless communication devices during a majority of or 
8the entirety of the school day, the district may keep its 
9existing policy in place through the 2030-2031 school year, at 
10which point the district must adopt a wireless communication 
11device policy meeting the requirements of the policy described 
12in 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
15searches.
16    (a) To expel students guilty of gross disobedience or
17misconduct, including gross disobedience or misconduct
18perpetuated by electronic means, pursuant to subsection (b-20)
19of this Section, and no action shall lie against them for such
20expulsion. Expulsion shall take place only after the parents
21or guardians have been requested to appear at a meeting of the
22board, or with a hearing officer appointed by it, to discuss
23their child's behavior. Such request shall be made by
24registered or certified mail and shall state the time, place
25and purpose of the meeting. The board, or a hearing officer
		SB2427 Enrolled	- 7 -	LRB104 12240 LNS 22347 b
1appointed by it, at such meeting shall state the reasons for
2dismissal and the date on which the expulsion is to become
3effective. If a hearing officer is appointed by the board, the
4hearing officer shall report to the board a written summary of
5the evidence heard at the meeting and the board may take such
6action thereon as it finds appropriate. If the board acts to
7expel a student, the written expulsion decision shall detail
8the specific reasons why removing the student from the
9learning environment is in the best interest of the school.
10The expulsion decision shall also include a rationale as to
11the specific duration of the expulsion. An expelled student
12may be immediately transferred to an alternative program in
13the manner provided in Article 13A or 13B of this Code. A
14student must not be denied transfer because of the expulsion,
15except in cases in which such transfer is deemed to cause a
16threat to the safety of students or staff in the alternative
17program.
18    (b) To suspend or by policy to authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend
21students guilty of gross disobedience or misconduct, or to
22suspend students guilty of gross disobedience or misconduct on
23the school bus from riding the school bus, pursuant to
24subsections (b-15) and (b-20) of this Section, and no action
25shall lie against them for such suspension. The board may by
26policy authorize the superintendent of the district or the
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1principal, assistant principal, or dean of students of any
2school to suspend students guilty of such acts for a period not
3to exceed 10 school days. If a student is suspended due to
4gross disobedience or misconduct on a school bus, the board
5may suspend the student in excess of 10 school days for safety
6reasons.
7    Any suspension shall be reported immediately to the
8parents or guardians of a student along with a full statement
9of the reasons for such suspension and a notice of their right
10to a review. The school board must be given a summary of the
11notice, including the reason for the suspension and the
12suspension length. Upon request of the parents or guardians,
13the school board or a hearing officer appointed by it shall
14review such action of the superintendent or principal,
15assistant principal, or dean of students. At such review, the
16parents or guardians of the student may appear and discuss the
17suspension with the board or its hearing officer. If a hearing
18officer is appointed by the board, he shall report to the board
19a written summary of the evidence heard at the meeting. After
20its hearing or upon receipt of the written report of its
21hearing officer, the board may take such action as it finds
22appropriate. If a student is suspended pursuant to this
23subsection (b), the board shall, in the written suspension
24decision, detail the specific act of gross disobedience or
25misconduct resulting in the decision to suspend. The
26suspension decision shall also include a rationale as to the
		SB2427 Enrolled	- 9 -	LRB104 12240 LNS 22347 b
1specific duration of the suspension.
2    (b-5) Among the many possible disciplinary interventions
3and consequences available to school officials, school
4exclusions, such as out-of-school suspensions and expulsions,
5are the most serious. Out-of-school suspension or expulsion 
6may not be used if the sole grounds for the out-of-school 
7suspension or expulsion is that the student accessed a 
8wireless communication device in violation of the policy 
9adopted and implemented pursuant to Section 10-20.88, 27A-5.3, 
10or 34-18.14a; however, this limitation on out-of-school 
11suspension or expulsion does not extend to the use of a 
12wireless communication device to engage in other gross 
13disobedience or misconduct. School officials shall limit the
14number and duration of expulsions and suspensions to the
15greatest extent practicable, and it is recommended that they
16use them only for legitimate educational purposes. To ensure
17that students are not excluded from school unnecessarily, it
18is recommended that school officials consider forms of
19non-exclusionary discipline prior to using out-of-school
20suspensions or expulsions.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25    (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's continuing presence in school would
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1pose a threat to school safety or a disruption to other
2students' learning opportunities. For purposes of this
3subsection (b-15), "threat to school safety or a disruption to
4other students' learning opportunities" shall be determined on
5a case-by-case basis by the school board or its designee.
6School officials shall make all reasonable efforts to resolve
7such threats, address such disruptions, and minimize the
8length of suspensions to the greatest extent practicable.
9    (b-20) Unless otherwise required by this Code,
10out-of-school suspensions of longer than 3 days, expulsions,
11and disciplinary removals to alternative schools may be used
12only if other appropriate and available behavioral and
13disciplinary interventions have been exhausted and the
14student's continuing presence in school would either (i) pose
15a threat to the safety of other students, staff, or members of
16the school community or (ii) substantially disrupt, impede, or
17interfere with the operation of the school. For purposes of
18this subsection (b-20), "threat to the safety of other
19students, staff, or members of the school community" and
20"substantially disrupt, impede, or interfere with the
21operation of the school" shall be determined on a case-by-case
22basis by school officials. For purposes of this subsection
23(b-20), the determination of whether "appropriate and
24available behavioral and disciplinary interventions have been
25exhausted" shall be made by school officials. School officials
26shall make all reasonable efforts to resolve such threats,
		SB2427 Enrolled	- 11 -	LRB104 12240 LNS 22347 b
1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section or the expulsion decision described in subsection (a)
5of this Section, it shall be documented whether other
6interventions were attempted or whether it was determined that
7there were no other appropriate and available interventions.
8    (b-25) Students who are suspended out-of-school for longer
9than 3 school days shall be provided appropriate and available
10support services during the period of their suspension. For
11purposes of this subsection (b-25), "appropriate and available
12support services" shall be determined by school authorities.
13Within the suspension decision described in subsection (b) of
14this Section, it shall be documented whether such services are
15to be provided or whether it was determined that there are no
16such appropriate and available services.
17    A school district may refer students who are expelled to
18appropriate and available support services.
19    A school district shall create a policy to facilitate the
20re-engagement of students who are suspended out-of-school,
21expelled, or returning from an alternative school setting. In
22consultation with stakeholders deemed appropriate by the State
23Board of Education, the State Board of Education shall draft
24and publish guidance for the re-engagement of students who are
25suspended out-of-school, expelled, or returning from an
26alternative school setting in accordance with this Section and
		SB2427 Enrolled	- 12 -	LRB104 12240 LNS 22347 b
1Section 13A-4 on or before July 1, 2025.
2    (b-30) A school district shall create a policy by which
3suspended students, including those students suspended from
4the school bus who do not have alternate transportation to
5school, shall have the opportunity to make up work for
6equivalent academic credit. It shall be the responsibility of
7a student's parents or guardians to notify school officials
8that a student suspended from the school bus does not have
9alternate transportation to school.
10    (b-35) In all suspension review hearings conducted under
11subsection (b) or expulsion hearings conducted under
12subsection (a), a student may disclose any factor to be
13considered in mitigation, including his or her status as a
14parent, expectant parent, or victim of domestic or sexual
15violence, as defined in Article 26A. A representative of the
16parent's or guardian's choice, or of the student's choice if
17emancipated, must be permitted to represent the student
18throughout the proceedings and to address the school board or
19its appointed hearing officer. With the approval of the
20student's parent or guardian, or of the student if
21emancipated, a support person must be permitted to accompany
22the student to any disciplinary hearings or proceedings. The
23representative or support person must comply with any rules of
24the school district's hearing process. If the representative
25or support person violates the rules or engages in behavior or
26advocacy that harasses, abuses, or intimidates either party, a
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1witness, or anyone else in attendance at the hearing, the
2representative or support person may be prohibited from
3further participation in the hearing or proceeding. A
4suspension or expulsion proceeding under this subsection
5(b-35) must be conducted independently from any ongoing
6criminal investigation or proceeding, and an absence of
7pending or possible criminal charges, criminal investigations,
8or proceedings may not be a factor in school disciplinary
9decisions.
10    (b-40) During a suspension review hearing conducted under
11subsection (b) or an expulsion hearing conducted under
12subsection (a) that involves allegations of sexual violence by
13the student who is subject to discipline, neither the student
14nor his or her representative shall directly question nor have
15direct contact with the alleged victim. The student who is
16subject to discipline or his or her representative may, at the
17discretion and direction of the school board or its appointed
18hearing officer, suggest questions to be posed by the school
19board or its appointed hearing officer to the alleged victim.
20    (c) A school board must invite a representative from a
21local mental health agency to consult with the board at the
22meeting whenever there is evidence that mental illness may be
23the cause of a student's expulsion or suspension.
24    (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to all school
26personnel, school board members, and school resource officers
		SB2427 Enrolled	- 14 -	LRB104 12240 LNS 22347 b
1on the requirements of this Section and Section 10-20.14, the
2adverse consequences of school exclusion and justice-system
3involvement, effective classroom management strategies,
4culturally responsive discipline, trauma-responsive learning
5environments, as defined in subsection (b) of Section 3-11,
6the appropriate and available supportive services for the
7promotion of student attendance and engagement, and
8developmentally appropriate disciplinary methods that promote
9positive and healthy school climates.
10    (d) The board may expel a student for a definite period of
11time not to exceed 2 calendar years, as determined on a
12case-by-case basis. A student who is determined to have
13brought one of the following objects to school, any
14school-sponsored activity or event, or any activity or event
15that bears a reasonable relationship to school shall be
16expelled 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.
8Expulsion or suspension shall be construed in a manner
9consistent with the federal Individuals with Disabilities
10Education Act. A student who is subject to suspension or
11expulsion as provided in this Section may be eligible for a
12transfer to an alternative school program in accordance with
13Article 13A of the School Code.
14    (d-5) The board may suspend or by regulation authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend a
17student for a period not to exceed 10 school days or may expel
18a student for a definite period of time not to exceed 2
19calendar years, as determined on a case-by-case basis, if (i)
20that student has been determined to have made an explicit
21threat on an Internet website against a school employee, a
22student, or any school-related personnel, (ii) the Internet
23website through which the threat was made is a site that was
24accessible within the school at the time the threat was made or
25was available to third parties who worked or studied within
26the school grounds at the time the threat was made, and (iii)
		SB2427 Enrolled	- 16 -	LRB104 12240 LNS 22347 b
1the threat could be reasonably interpreted as threatening to
2the safety and security of the threatened individual because
3of the individual's duties or employment status or status as a
4student inside the school.
5    (e) To maintain order and security in the schools, school
6authorities may inspect and search places and areas such as
7lockers, desks, parking lots, and other school property and
8equipment owned or controlled by the school, as well as
9personal effects left in those places and areas by students,
10without notice to or the consent of the student, and without a
11search warrant. As a matter of public policy, the General
12Assembly finds that students have no reasonable expectation of
13privacy in these places and areas or in their personal effects
14left in these places and areas. School authorities may request
15the assistance of law enforcement officials for the purpose of
16conducting inspections and searches of lockers, desks, parking
17lots, and other school property and equipment owned or
18controlled by the school for illegal drugs, weapons, or other
19illegal or dangerous substances or materials, including
20searches conducted through the use of specially trained dogs.
21If a search conducted in accordance with this Section produces
22evidence that the student has violated or is violating either
23the law, local ordinance, or the school's policies or rules,
24such evidence may be seized by school authorities, and
25disciplinary action may be taken. School authorities may also
26turn over such evidence to law enforcement authorities.
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1    (f) Suspension or expulsion may include suspension or
2expulsion from school and all school activities and a
3prohibition from being present on school grounds.
4    (g) A school district may adopt a policy providing that if
5a student is suspended or expelled for any reason from any
6public or private school in this or any other state, the
7student must complete the entire term of the suspension or
8expulsion in an alternative school program under Article 13A
9of this Code or an alternative learning opportunities program
10under Article 13B of this Code before being admitted into the
11school district if there is no threat to the safety of students
12or staff in the alternative program. A school district that
13adopts a policy under this subsection (g) must include a
14provision allowing for consideration of any mitigating
15factors, including, but not limited to, a student's status as
16a parent, expectant parent, or victim of domestic or sexual
17violence, as defined in Article 26A.
18    (h) School officials shall not advise or encourage
19students to drop out voluntarily due to behavioral or academic
20difficulties.
21    (i) In this subsection (i), "municipal code violation"
22means the violation of a rule or regulation established by a
23local government authority, authorized by Section 1-2-1 of the
24Illinois Municipal Code.
25    A student must not be issued a monetary fine, fee, ticket,
26or citation as a school-based disciplinary consequence or for
		SB2427 Enrolled	- 18 -	LRB104 12240 LNS 22347 b
1a municipal code violation or a violation of the policy 
2adopted and implemented pursuant to Section 10-20.88, 27A-5.3, 
3or 34-18.14a on school grounds during school hours or while
4taking school transportation by any person, though this shall
5not preclude requiring a student to provide restitution for
6lost, stolen, or damaged property.
7    This subsection (i) does not modify school disciplinary
8responses under this Section or Section 10-20.14 of this Code
9that existed before the effective date of this amendatory Act
10of the 104th General Assembly or responses to alleged
11delinquent or criminal conduct set forth in this Code, Article
12V of the Juvenile Court Act of 1987, or the Criminal Code of
132012. This subsection (i) does not apply to violations of
14traffic, boating, or fish and game laws.
15    (j) Subsections (a) through (i) of this Section shall
16apply to elementary and secondary schools, charter schools,
17special charter districts, and school districts organized
18under Article 34 of this Code.
19    (k) Through June 30, 2026, the expulsion of students
20enrolled in programs funded under Section 1C-2 of this Code is
21subject 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
24enrolled in programs funded under Section 15-25 of the
25Department of Early Childhood Act is subject to the
26requirements of paragraph (7) of subsection (a) of Section
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115-30 of the Department of Early Childhood Act.
2    (l) An in-school suspension program provided by a school
3district for any students in kindergarten through grade 12 may
4focus on promoting non-violent conflict resolution and
5positive interaction with other students and school personnel.
6A school district may employ a school social worker or a
7licensed mental health professional to oversee an in-school
8suspension program in kindergarten through grade 12.
9(Source: P.A. 103-594, eff. 6-25-24; 103-896, eff. 8-9-24;
10104-417, 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 
15campus during the regular school day, beginning with the 
16designated arrival time for students through the designated 
17dismissal time for students, including instructional time, 
18recess, lunch, and passing periods. "School time" does not 
19include a before-school or after-school activity or a 
20student's presence at an off-campus learning opportunity.
21    "Wireless communication device" means any portable 
22wireless device that has the capability to provide voice, 
23messaging, or other data communication between 2 or more 
24parties, including, but not limited to:
25        (1) cellular telephones;
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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 
9that a school district or teacher has directly issued to, 
10provided for, or required a student to possess and use for 
11educational purposes.
12    (b) On or before the beginning of the 2027-2028 school 
13year, each charter school shall adopt and implement a wireless 
14communication 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 
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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 
6administrative responses for violations of the policy shall be 
7published 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 
10communication device during school time under the following 
11circumstances:
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 
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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 
20communication device policy through fees, fines, suspensions, 
21expulsions, or the deployment of a school resource officer or 
22local law enforcement officer; however, this prohibition does 
23not extend to the use of a wireless communication device to 
24engage in other gross disobedience or misconduct.
25    (f) The development of the policy in subsection (b) shall 
26include, at a minimum, input from the local collective 
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1bargaining agent representing teachers, if any, 
2administrators, and parents or guardians. Student input in the 
3development of the policy in subsection (b) is encouraged. 
4Each charter school shall review its wireless communication 
5device policy at least once every 3 years and make any 
6necessary and appropriate revisions to the policy. During this 
7review, each charter school shall engage, at a minimum, the 
8local collective bargaining agent representing teachers, if 
9any, administrators, and parents or guardians for input and 
10consider any available data on the enforcement of the wireless 
11communication device policy.
12    (g) The governing body of a charter school and any school 
13personnel are immune from any liability resulting from damage 
14to a wireless communication device if the device is stored in 
15good faith and in accordance with the charter school's 
16wireless communication device policy. This subsection does not 
17apply if the damage to the wireless communication device is 
18caused by the willful or wanton conduct of school personnel.
19    (h) The wireless communication device policy shall be 
20posted on the charter school's publicly accessible Internet 
21website. The wireless communication device policy shall be 
22provided annually to parents, guardians, and school personnel, 
23including new employees and substitute teachers when hired. 
24Provision of a hyperlink to the policy satisfies the 
25requirements of this subsection.
26    (i) If a charter school has an existing wireless 
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1communication device policy in place before the effective date 
2of this amendatory Act of the 104th General Assembly that 
3limits wireless communication devices during a majority of or 
4the entirety of the school day, the charter school may keep its 
5existing policy in place through the 2030-2031 school year, at 
6which point the charter school must adopt a wireless 
7communication device policy meeting the requirements of the 
8policy 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 
13campus during the regular school day, beginning with the 
14designated arrival time for students through the designated 
15dismissal time for students, including instructional time, 
16recess, lunch, and passing periods. "School time" does not 
17include a before-school or after-school activity or a 
18student's presence at an off-campus learning opportunity.
19    "Wireless communication device" means any portable 
20wireless device that has the capability to provide voice, 
21messaging, or other data communication between 2 or more 
22parties, including, but not limited to:
23        (1) cellular telephones;
24        (2) tablet computers;
25        (3) laptop computers;
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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 
7that a school district or teacher has directly issued to, 
8provided for, or required a student to possess and use for 
9educational purposes.
10    (b) On or before the beginning of the 2027-2028 school 
11year, the board shall adopt and implement a wireless 
12communication 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 
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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 
4administrative responses for violations of the policy shall be 
5published 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 
8communication device during school time under the following 
9circumstances:
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 
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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 
18communication device policy through fees, fines, suspensions, 
19expulsions, or the deployment of a school resource officer or 
20local law enforcement officer; however, this prohibition does 
21not extend to the use of a wireless communication device to 
22engage in other gross disobedience or misconduct.
23    (f) The development of the policy in subsection (b) shall 
24include, at a minimum, input from the local collective 
25bargaining agent representing teachers, if any, 
26administrators, and parents or guardians. Student input in the 
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1development of the policy in subsection (b) is encouraged. The 
2board shall review its wireless communication device policy at 
3least once every 3 years and make any necessary and 
4appropriate revisions to the policy. During this review, The 
5board shall engage, at a minimum, the local collective 
6bargaining agent representing teachers, if any, 
7administrators, and parents or guardians for input and 
8consider any available data on the enforcement of the wireless 
9communication device policy.
10    (g) The board and any school personnel are immune from any 
11liability resulting from damage to a wireless communication 
12device if the device is stored in good faith and in accordance 
13with the board's wireless communication device policy. This 
14subsection does not apply if the damage to the wireless 
15communication device is caused by the willful or wanton 
16conduct of school personnel.
17    (h) The wireless communication device policy shall be 
18posted on the school district's publicly accessible Internet 
19website. The wireless communication device policy shall be 
20provided annually to parents, guardians, and school personnel, 
21including new employees and substitute teachers when hired. 
22Provision of a hyperlink to the policy satisfies the 
23requirements of this subsection.
24    (i) If the school district has an existing wireless 
25communication device policy in place before the effective date 
26of this amendatory Act of the 104th General Assembly that 
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1limits wireless communication devices during a majority of or 
2the entirety of the school day, the district may keep its 
3existing policy in place through the 2030-2031 school year, at 
4which point the district must adopt a wireless communication 
5device policy meeting the requirements of the policy described 
6in subsection (b).
7    Section 99. Effective date. This Act takes effect upon
8becoming law.