EDUC-WIRELESS COMM DEV POLICY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5426

Introduced 2/13/2026, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.88 new
105 ILCS 5/10-22.6

from Ch. 122, par. 10-22.6
105 ILCS 5/27A-5.3 new
105 ILCS 5/34-18.14a new

Amends the School Code. Provides that on or before the beginning of
the 2027-2028 school year, each school board and charter school shall
adopt and implement a wireless communication device policy. Establishes
exceptions for the use of a wireless communication device during school
time. Prohibits a school district or charter school from enforcing the
wireless communication device policy through fees, fines, suspensions,
expulsions, or the deployment of a school resource officer or local law
enforcement officer. Sets forth how the policy shall be developed.
Requires each school district and charter school to ensure all school
personnel and substitute teachers are informed of the tenets of the
policy, the roles and responsibilities of staff members, the importance of
uniform enforcement, and the handling of implementation in a
trauma-informed, developmentally appropriate manner. Provides that a
school board and any school personnel, including charter school personnel,
shall be immune from any liability resulting from damage to a wireless
communication device when the device is stored in good faith and in
accordance with the school board's wireless communication device policy.
Provides that the wireless communication device policy shall be posted on
the school district's or charter school's existing, publicly accessible
Internet website and included in the student handbook. Requires, by
September 1, 2026, the State Board of Education to post on its website a
template for a model wireless communication device policy. Provides that
if a school district or charter school has an existing wireless
communication device policy in place before the effective date of the
amendatory Act that limits wireless communication devices during a
majority of or the entirety of the school day, the district or charter
school may keep its existing policy in place until the 2030-2031 school
year, at which point the district or charter school must adopt a wireless
communication device policy meeting the requirements the amendatory Act.
Makes other and conforming changes. Effective immediately.
LRB104 20031 LNS 33482 b

A BILL FOR

HB5426
LRB104 20031 LNS 33482 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 changing Section
5
10-22.6 and by adding Sections 10-20.88, 27A-5.3, and
6
34-18.14a 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 during a school day students
11
spend on the school campus, including instructional time,
12
recess, lunch time, and passing time. "School time" includes a
13
student's presence at off-campus learning opportunities.
14

"Wireless communication device" means any portable
15
wireless device that has the capability to provide voice,
16
messaging, or other data communication between 2 or more
17
parties, including, but not limited to:
18

(1) cellular telephones;
19

(2) tablet computers;
20

(3) laptop computers;
21

(4) gaming devices; and
22

(5) wearable devices, including smart watches or smart
23

glasses, except when those devices have the capability to

HB5426
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1

provide messaging or other data communication disabled.
2

"Wireless communication device" does not include any
3
device that a school district or teacher has directly issued
4
to, provided for, or required a student to possess and use for
5
educational purposes.
6

(b) On or before the beginning of the 2027-2028 school
7
year, each school board shall adopt and implement a wireless
8
communication device policy that:
9

(1) at a minimum, prohibits a student from using a
10

wireless communication device during school time, except
11

as otherwise provided in subsections (c) and (d);
12

(2) incorporates guidance for wireless communication
13

device storage within a school building during school
14

time; and
15

(3) requires individual schools in the district to
16

outline reasonable consequences for, at least, the first 3
17

violations of the policy by a student. If the policy
18

includes a consequence that requires parents or guardians
19

to retrieve the wireless communication device at the
20

school building, an alternative shall be provided for
21

cases in which the parents or guardians are unable to
22

appear in person.
23

(c) The policy adopted and implemented under subsection
24
(b) may not prohibit a student from using a wireless
25
communication device during school time under the following
26
circumstances:

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1

(1) if a licensed physician, physician assistant, or
2

nurse practitioner determines that the possession or use
3

of a wireless communication device is necessary for the
4

management of the student's health care and the student
5

uses the wireless communication device only as prescribed
6

by the licensed physician, physician assistant, or nurse
7

practitioner;
8

(2) to fulfill an individualized education program, a
9

plan developed under Section 504 of the federal
10

Rehabilitation Act of 1973, the student's health care
11

provider's medical orders, or another written
12

accommodation plan;
13

(3) if school personnel have determined the wireless
14

communication device is necessary for students who are
15

English learners, as defined in Section 14C-2, to access
16

learning materials;
17

(4) if school personnel have determined, on a
18

case-by-case basis, the wireless communication device is
19

necessary for a student caregiver who is routinely
20

responsible for the care and well-being of a family
21

member; or
22

(5) as required by any other State or federal law.
23

(d) The policy adopted and implemented under subsection
24
(b) may allow for the following exceptions:
25

(1) at the discretion of the school district, the
26

school district may allow the definition of school time to

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1

exclude a high school student's lunch period;
2

(2) if school personnel have authorized the student to
3

use a wireless communication device for educational
4

purposes; and
5

(3) in the event of an emergency as detailed in at
6

least one of the school district's emergency and crisis
7

response plans, protocols, or procedures.
8

(e) No school district may enforce the wireless
9
communication device policy through fees, fines, suspensions,
10
expulsions, or the deployment of a school resource officer or
11
local law enforcement officer, as long as this limitation on
12
suspensions and expulsions does not extend to the use of a
13
wireless communication device to engage in other gross
14
disobedience or misconduct.
15

(f) The development of the policy in subsection (b) shall
16
include, at a minimum, input from the local collective
17
bargaining agent representing teachers, if any,
18
administrators, and parents or guardians. Student input in the
19
development of the policy in subsection (b) is encouraged.
20
Each school board shall review its wireless communication
21
device policy at least once every 3 years and make any
22
necessary and appropriate revisions to the policy. During this
23
review, each school board shall engage, at a minimum, the
24
local collective bargaining agent representing teachers, if
25
any, administrators, and parents or guardians for input and
26
consider any available data on the enforcement of the wireless

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1
communication device policy. The development and review of the
2
wireless communication device policy in this subsection may be
3
accomplished through the use of the parent-teacher advisory
4
committee set forth in Section 10-20.14.
5

(g) Before implementation of the policy in subsection (b),
6
and with every update to the policy, each school district
7
shall ensure all school personnel and substitute teachers are
8
informed of the tenets of the policy, the roles and
9
responsibilities of staff members, the importance of uniform
10
enforcement, and the handling of implementation in a
11
trauma-informed, developmentally appropriate manner.
12

(h) A school board and any school personnel shall be
13
immune from any liability resulting from damage to a wireless
14
communication device when the device is stored in good faith
15
and in accordance with the school board's wireless
16
communication device policy. This subsection shall not apply
17
if the damage to the wireless communication device is caused
18
by the willful and wanton conduct of school personnel.
19

(i) The wireless communication device policy shall be
20
posted on the school district's existing, publicly accessible
21
Internet website and included in the student handbook. The
22
wireless communication device policy shall be provided
23
annually to parents, guardians, and school personnel,
24
including new employees when hired. Provision of a hyperlink
25
to the policy shall satisfy the requirements of this
26
subsection.

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1

(j) 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

(k) 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 until 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

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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

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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

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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 and 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, as long
10
as this limitation on out-of-school suspension and expulsion
11
does not extend to the use of a wireless communication device
12
to engage in other gross disobedience or misconduct.
School
13
officials shall limit the number and duration of expulsions
14
and suspensions to the greatest extent practicable, and it is
15
recommended that they use them only for legitimate educational
16
purposes. To ensure that students are not excluded from school
17
unnecessarily, it is recommended that school officials
18
consider forms of non-exclusionary discipline prior to using
19
out-of-school suspensions or expulsions.
20

(b-10) Unless otherwise required by federal law or this
21
Code, school boards may not institute zero-tolerance policies
22
by which school administrators are required to suspend or
23
expel students for particular behaviors.
24

(b-15) Out-of-school suspensions of 3 days or less may be
25
used only if the student's continuing presence in school would
26
pose a threat to school safety or a disruption to other

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students' learning opportunities. For purposes of this
2
subsection (b-15), "threat to school safety or a disruption to
3
other students' learning opportunities" shall be determined on
4
a case-by-case basis by the school board or its designee.
5
School officials shall make all reasonable efforts to resolve
6
such threats, address such disruptions, and minimize the
7
length of suspensions to the greatest extent practicable.
8

(b-20) Unless otherwise required by this Code,
9
out-of-school suspensions of longer than 3 days, expulsions,
10
and disciplinary removals to alternative schools may be used
11
only if other appropriate and available behavioral and
12
disciplinary interventions have been exhausted and the
13
student's continuing presence in school would either (i) pose
14
a threat to the safety of other students, staff, or members of
15
the school community or (ii) substantially disrupt, impede, or
16
interfere with the operation of the school. For purposes of
17
this subsection (b-20), "threat to the safety of other
18
students, staff, or members of the school community" and
19
"substantially disrupt, impede, or interfere with the
20
operation of the school" shall be determined on a case-by-case
21
basis by school officials. For purposes of this subsection
22
(b-20), the determination of whether "appropriate and
23
available behavioral and disciplinary interventions have been
24
exhausted" shall be made by school officials. School officials
25
shall make all reasonable efforts to resolve such threats,
26
address such disruptions, and minimize the length of student

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1
exclusions to the greatest extent practicable. Within the
2
suspension decision described in subsection (b) of this
3
Section or the expulsion decision described in subsection (a)
4
of this Section, it shall be documented whether other
5
interventions were attempted or whether it was determined that
6
there were no other appropriate and available interventions.
7

(b-25) Students who are suspended out-of-school for longer
8
than 3 school days shall be provided appropriate and available
9
support services during the period of their suspension. For
10
purposes of this subsection (b-25), "appropriate and available
11
support services" shall be determined by school authorities.
12
Within the suspension decision described in subsection (b) of
13
this Section, it shall be documented whether such services are
14
to be provided or whether it was determined that there are no
15
such appropriate and available services.
16

A school district may refer students who are expelled to
17
appropriate and available support services.
18

A school district shall create a policy to facilitate the
19
re-engagement of students who are suspended out-of-school,
20
expelled, or returning from an alternative school setting. In
21
consultation with stakeholders deemed appropriate by the State
22
Board of Education, the State Board of Education shall draft
23
and publish guidance for the re-engagement of students who are
24
suspended out-of-school, expelled, or returning from an
25
alternative school setting in accordance with this Section and
26
Section 13A-4 on or before July 1, 2025.

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1

(b-30) A school district shall create a policy by which
2
suspended students, including those students suspended from
3
the school bus who do not have alternate transportation to
4
school, shall have the opportunity to make up work for
5
equivalent academic credit. It shall be the responsibility of
6
a student's parents or guardians to notify school officials
7
that a student suspended from the school bus does not have
8
alternate transportation to school.
9

(b-35) In all suspension review hearings conducted under
10
subsection (b) or expulsion hearings conducted under
11
subsection (a), a student may disclose any factor to be
12
considered in mitigation, including his or her status as a
13
parent, expectant parent, or victim of domestic or sexual
14
violence, as defined in Article 26A. A representative of the
15
parent's or guardian's choice, or of the student's choice if
16
emancipated, must be permitted to represent the student
17
throughout the proceedings and to address the school board or
18
its appointed hearing officer. With the approval of the
19
student's parent or guardian, or of the student if
20
emancipated, a support person must be permitted to accompany
21
the student to any disciplinary hearings or proceedings. The
22
representative or support person must comply with any rules of
23
the school district's hearing process. If the representative
24
or support person violates the rules or engages in behavior or
25
advocacy that harasses, abuses, or intimidates either party, a
26
witness, or anyone else in attendance at the hearing, the

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1
representative or support person may be prohibited from
2
further participation in the hearing or proceeding. A
3
suspension or expulsion proceeding under this subsection
4
(b-35) must be conducted independently from any ongoing
5
criminal investigation or proceeding, and an absence of
6
pending or possible criminal charges, criminal investigations,
7
or proceedings may not be a factor in school disciplinary
8
decisions.
9

(b-40) During a suspension review hearing conducted under
10
subsection (b) or an expulsion hearing conducted under
11
subsection (a) that involves allegations of sexual violence by
12
the student who is subject to discipline, neither the student
13
nor his or her representative shall directly question nor have
14
direct contact with the alleged victim. The student who is
15
subject to discipline or his or her representative may, at the
16
discretion and direction of the school board or its appointed
17
hearing officer, suggest questions to be posed by the school
18
board or its appointed hearing officer to the alleged victim.
19

(c) A school board must invite a representative from a
20
local mental health agency to consult with the board at the
21
meeting whenever there is evidence that mental illness may be
22
the cause of a student's expulsion or suspension.
23

(c-5) School districts shall make reasonable efforts to
24
provide ongoing professional development to all school
25
personnel, school board members, and school resource officers
26
on the requirements of this Section and Section 10-20.14, the

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1
adverse consequences of school exclusion and justice-system
2
involvement, effective classroom management strategies,
3
culturally responsive discipline, trauma-responsive learning
4
environments, as defined in subsection (b) of Section 3-11,
5
the appropriate and available supportive services for the
6
promotion of student attendance and engagement, and
7
developmentally appropriate disciplinary methods that promote
8
positive and healthy school climates.
9

(d) The board may expel a student for a definite period of
10
time not to exceed 2 calendar years, as determined on a
11
case-by-case basis. A student who is determined to have
12
brought one of the following objects to school, any
13
school-sponsored activity or event, or any activity or event
14
that bears a reasonable relationship to school shall be
15
expelled for a period of not less than one year:
16

(1) A firearm. For the purposes of this Section,
17

"firearm" means any gun, rifle, shotgun, weapon as defined
18

by Section 921 of Title 18 of the United States Code,
19

firearm as defined in Section 1.1 of the Firearm Owners
20

Identification Card Act, or firearm as defined in Section
21

24-1 of the Criminal Code of 2012. The expulsion period
22

under this subdivision (1) may be modified by the
23

superintendent, and the superintendent's determination may
24

be modified by the board on a case-by-case basis.
25

(2) A knife, brass knuckles or other knuckle weapon
26

regardless of its composition, a billy club, or any other

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1

object if used or attempted to be used to cause bodily
2

harm, including "look alikes" of any firearm as defined in
3

subdivision (1) of this subsection (d). The expulsion
4

requirement under this subdivision (2) may be modified by
5

the superintendent, and the superintendent's determination
6

may be modified by the board on a case-by-case basis.
7
Expulsion or suspension shall be construed in a manner
8
consistent with the federal Individuals with Disabilities
9
Education Act. A student who is subject to suspension or
10
expulsion as provided in this Section may be eligible for a
11
transfer to an alternative school program in accordance with
12
Article 13A of the School Code.
13

(d-5) The board may suspend or by regulation authorize the
14
superintendent of the district or the principal, assistant
15
principal, or dean of students of any school to suspend a
16
student for a period not to exceed 10 school days or may expel
17
a student for a definite period of time not to exceed 2
18
calendar years, as determined on a case-by-case basis, if (i)
19
that student has been determined to have made an explicit
20
threat on an Internet website against a school employee, a
21
student, or any school-related personnel, (ii) the Internet
22
website through which the threat was made is a site that was
23
accessible within the school at the time the threat was made or
24
was available to third parties who worked or studied within
25
the school grounds at the time the threat was made, and (iii)
26
the threat could be reasonably interpreted as threatening to

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1
the safety and security of the threatened individual because
2
of the individual's duties or employment status or status as a
3
student inside the school.
4

(e) To maintain order and security in the schools, school
5
authorities may inspect and search places and areas such as
6
lockers, desks, parking lots, and other school property and
7
equipment owned or controlled by the school, as well as
8
personal effects left in those places and areas by students,
9
without notice to or the consent of the student, and without a
10
search warrant. As a matter of public policy, the General
11
Assembly finds that students have no reasonable expectation of
12
privacy in these places and areas or in their personal effects
13
left in these places and areas. School authorities may request
14
the assistance of law enforcement officials for the purpose of
15
conducting inspections and searches of lockers, desks, parking
16
lots, and other school property and equipment owned or
17
controlled by the school for illegal drugs, weapons, or other
18
illegal or dangerous substances or materials, including
19
searches conducted through the use of specially trained dogs.
20
If a search conducted in accordance with this Section produces
21
evidence that the student has violated or is violating either
22
the law, local ordinance, or the school's policies or rules,
23
such evidence may be seized by school authorities, and
24
disciplinary action may be taken. School authorities may also
25
turn over such evidence to law enforcement authorities.
26

(f) Suspension or expulsion may include suspension or

HB5426
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1
expulsion from school and all school activities and a
2
prohibition from being present on school grounds.
3

(g) A school district may adopt a policy providing that if
4
a student is suspended or expelled for any reason from any
5
public or private school in this or any other state, the
6
student must complete the entire term of the suspension or
7
expulsion in an alternative school program under Article 13A
8
of this Code or an alternative learning opportunities program
9
under Article 13B of this Code before being admitted into the
10
school district if there is no threat to the safety of students
11
or staff in the alternative program. A school district that
12
adopts a policy under this subsection (g) must include a
13
provision allowing for consideration of any mitigating
14
factors, including, but not limited to, a student's status as
15
a parent, expectant parent, or victim of domestic or sexual
16
violence, as defined in Article 26A.
17

(h) School officials shall not advise or encourage
18
students to drop out voluntarily due to behavioral or academic
19
difficulties.
20

(i) In this subsection (i), "municipal code violation"
21
means the violation of a rule or regulation established by a
22
local government authority, authorized by Section 1-2-1 of the
23
Illinois Municipal Code.
24

A student must not be issued a monetary fine, fee, ticket,
25
or citation as a school-based disciplinary consequence or for
26
a municipal code violation
or a violation of the policy

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LRB104 20031 LNS 33482 b
1
adopted and implemented pursuant to Section 10-20.88
on school
2
grounds during school hours or while taking school
3
transportation by any person, though this shall not preclude
4
requiring a student to provide restitution for lost, stolen,
5
or damaged property.
6

This subsection (i) does not modify school disciplinary
7
responses under this Section or Section 10-20.14 of this Code
8
that existed before the effective date of this amendatory Act
9
of the 104th General Assembly or responses to alleged
10
delinquent or criminal conduct set forth in this Code, Article
11
V of the Juvenile Court Act of 1987, or the Criminal Code of
12
2012. This subsection (i) does not apply to violations of
13
traffic, boating, or fish and game laws.
14

(j) Subsections (a) through (i) of this Section shall
15
apply to elementary and secondary schools, charter schools,
16
special charter districts, and school districts organized
17
under Article 34 of this Code.
18

(k) Through June 30, 2026, the expulsion of students
19
enrolled in programs funded under Section 1C-2 of this Code is
20
subject to the requirements under paragraph (7) of subsection
21
(a) of Section 2-3.71 of this Code.
22

(k-5) On and after July 1, 2026, the expulsion of children
23
enrolled in programs funded under Section 15-25 of the
24
Department of Early Childhood Act is subject to the
25
requirements of paragraph (7) of subsection (a) of Section
26
15-30 of the Department of Early Childhood Act.

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1

(l) An in-school suspension program provided by a school
2
district for any students in kindergarten through grade 12 may
3
focus on promoting non-violent conflict resolution and
4
positive interaction with other students and school personnel.
5
A school district may employ a school social worker or a
6
licensed mental health professional to oversee an in-school
7
suspension program in kindergarten through grade 12.
8
(Source: P.A. 103-594, eff. 6-25-24; 103-896, eff. 8-9-24;
9
104-417, eff. 8-15-25; 104-430, eff. 8-20-25.)

10

(105 ILCS 5/27A-5.3 new)
11

Sec. 27A-5.3.
Wireless communication device policy.
12

(a) As used in this Section:
13

"School time" means the time during a school day students
14
spend on the school campus, including instructional time,
15
recess, lunch time, and passing time. "School time" includes a
16
student's presence at off-campus learning opportunities.
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;
24

(4) gaming devices; and
25

(5) wearable devices, including smart watches or smart

HB5426
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LRB104 20031 LNS 33482 b
1

glasses, except when those devices have the capability to
2

provide messaging or other data communication disabled.
3

"Wireless communication device" does not include any
4
device that a school district or teacher has directly issued
5
to, provided for, or required a student to possess and use for
6
educational purposes.
7

(b) On or before the beginning of the 2027-2028 school
8
year, each charter school shall adopt and implement a wireless
9
communication device policy that:
10

(1) at a minimum, prohibits a student from using a
11

wireless communication device during school time, except
12

as otherwise provided in subsections (c) and (d);
13

(2) incorporates guidance for wireless communication
14

device storage within a school building during school
15

time; and
16

(3) outlines reasonable consequences for, at least,
17

the first 3 violations of the policy by a student. If the
18

policy includes a consequence that requires parents or
19

guardians to retrieve the wireless communication device at
20

the school building, an alternative shall be provided for
21

cases in which the parents or guardians are unable to
22

appear in person.
23

(c) The policy adopted and implemented under subsection
24
(b) may not prohibit a student from using a wireless
25
communication device during school time under the following
26
circumstances:

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LRB104 20031 LNS 33482 b
1

(1) if a licensed physician, physician assistant, or
2

nurse practitioner determines that the possession or use
3

of a wireless communication device is necessary for the
4

management of the student's health care and the student
5

uses the wireless communication device only as prescribed
6

by the licensed physician, physician assistant, or nurse
7

practitioner;
8

(2) to fulfill an individualized education program, a
9

plan developed under Section 504 of the federal
10

Rehabilitation Act of 1973, the student's health care
11

provider's medical orders, or another written
12

accommodation plan;
13

(3) if school personnel have determined the wireless
14

communication device is necessary for students who are
15

English learners, as defined in Section 14C-2, to access
16

learning materials;
17

(4) if school personnel have determined, on a
18

case-by-case basis, the wireless communication device is
19

necessary for a student caregiver who is routinely
20

responsible for the care and well-being of a family
21

member; or
22

(5) as required by any other State or federal law.
23

(d) The policy adopted and implemented under subsection
24
(b) may allow for the following exceptions:
25

(1) at the discretion of the charter school, the
26

charter school may allow the definition of school time to

HB5426
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LRB104 20031 LNS 33482 b
1

exclude a high school student's lunch period;
2

(2) if school personnel have authorized the student to
3

use a wireless communication device for educational
4

purposes; and
5

(3) in the event of an emergency as detailed in at
6

least one of the charter school's emergency and crisis
7

response plans, protocols, or procedures.
8

(e) No charter school may enforce the wireless
9
communication device policy through fees, fines, suspensions,
10
expulsions, or the deployment of a school resource officer or
11
local law enforcement officer, as long as this limitation on
12
suspensions and expulsions does not extend to the use of a
13
wireless communication device to engage in other gross
14
disobedience or misconduct.
15

(f) The development of the policy in subsection (b) shall
16
include, at a minimum, input from the local collective
17
bargaining agent representing teachers, if any,
18
administrators, and parents or guardians. Student input in the
19
development of the policy in subsection (b) is encouraged.
20
Each charter school shall review its wireless communication
21
device policy at least once every 3 years and make any
22
necessary and appropriate revisions to the policy. During this
23
review, each charter school shall engage, at a minimum, the
24
local collective bargaining agent representing teachers, if
25
any, administrators, and parents or guardians for input and
26
consider any available data on the enforcement of the wireless

HB5426
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LRB104 20031 LNS 33482 b
1
communication device policy.
2

(g) Before implementation of the policy in subsection (b),
3
and with every update to the policy, each charter school shall
4
ensure all school personnel and substitute teachers are
5
informed of the tenets of the policy, the roles and
6
responsibilities of staff members, the importance of uniform
7
enforcement, and the handling of implementation in a
8
trauma-informed, developmentally appropriate manner.
9

(h) Any school personnel shall be immune from any
10
liability resulting from damage to a wireless communication
11
device when the device is stored in good faith and in
12
accordance with the charter school's wireless communication
13
device policy. This subsection shall not apply if the damage
14
to the wireless communication device is caused by the willful
15
and wanton conduct of school personnel.
16

(i) The wireless communication device policy shall be
17
posted on the charter school's existing, publicly accessible
18
Internet website and included in the student handbook. The
19
wireless communication device policy shall be provided
20
annually to parents, guardians, and school personnel,
21
including new employees when hired. Provision of a hyperlink
22
to the policy shall satisfy the requirements of this
23
subsection.
24

(j) If a charter school 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

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LRB104 20031 LNS 33482 b
1
limits wireless communication devices during a majority of or
2
the entirety of the school day, the charter school may keep its
3
existing policy in place until the 2030-2031 school year, at
4
which point the charter school must adopt a wireless
5
communication device policy meeting the requirements of the
6
policy described in subsection (b).

7

(105 ILCS 5/34-18.14a new)
8

Sec. 34-18.14a.
Wireless communication device policy.
9

(a) As used in this Section:
10

"School time" means the time during a school day students
11
spend on the school campus, including instructional time,
12
recess, lunch time, and passing time. "School time" includes a
13
student's presence at off-campus learning opportunities.
14

"Wireless communication device" means any portable
15
wireless device that has the capability to provide voice,
16
messaging, or other data communication between 2 or more
17
parties, including, but not limited to:
18

(1) cellular telephones;
19

(2) tablet computers;
20

(3) laptop computers;
21

(4) gaming devices; and
22

(5) wearable devices, including smart watches or smart
23

glasses, except when those devices have the capability to
24

provide messaging or other data communication disabled.
25

"Wireless communication device" does not include any

HB5426
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LRB104 20031 LNS 33482 b
1
device that a school district or teacher has directly issued
2
to, provided for, or required a student to possess and use for
3
educational purposes.
4

(b) On or before the beginning of the 2027-2028 school
5
year, the board shall adopt and implement a wireless
6
communication device policy that:
7

(1) at a minimum, prohibits a student from using a
8

wireless communication device during school time, except
9

as otherwise provided in subsections (c) and (d);
10

(2) incorporates guidance for wireless communication
11

device storage within a school building during school
12

time; and
13

(3) requires individual schools in the district to
14

outline reasonable consequences for, at least, the first 3
15

violations of the policy by a student. If the policy
16

includes a consequence that requires parents or guardians
17

to retrieve the wireless communication device at the
18

school building, an alternative shall be provided for
19

cases in which the parents or guardians are unable to
20

appear in person.
21

(c) The policy adopted and implemented under subsection
22
(b) may not prohibit a student from using a wireless
23
communication device during school time under the following
24
circumstances:
25

(1) if a licensed physician, physician assistant, or
26

nurse practitioner determines that the possession or use

HB5426
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LRB104 20031 LNS 33482 b
1

of a wireless communication device is necessary for the
2

management of the student's health care and the student
3

uses the wireless communication device only as prescribed
4

by the licensed physician, physician assistant, or nurse
5

practitioner;
6

(2) to fulfill an individualized education program, a
7

plan developed under Section 504 of the federal
8

Rehabilitation Act of 1973, the student's health care
9

provider's medical orders, or another written
10

accommodation plan;
11

(3) if school personnel have determined the wireless
12

communication device is necessary for students who are
13

English learners, as defined in Section 14C-2, to access
14

learning materials;
15

(4) if school personnel have determined, on a
16

case-by-case basis, the wireless communication device is
17

necessary for a student caregiver who is routinely
18

responsible for the care and well-being of a family
19

member; or
20

(5) as required by any other State or federal law.
21

(d) The policy adopted and implemented under subsection
22
(b) may allow for the following exceptions:
23

(1) at the discretion of the school district, the
24

school district may allow the definition of school time to
25

exclude a high school student's lunch period;
26

(2) if school personnel have authorized the student to

HB5426
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LRB104 20031 LNS 33482 b
1

use a wireless communication device for educational
2

purposes; and
3

(3) in the event of an emergency as detailed in at
4

least one of the school district's emergency and crisis
5

response plans, protocols, or procedures.
6

(e) The school district may not enforce the wireless
7
communication device policy through fees, fines, suspensions,
8
expulsions, or the deployment of a school resource officer or
9
local law enforcement officer, as long as this limitation on
10
suspensions and expulsions does not extend to the use of a
11
wireless communication device to engage in other gross
12
disobedience or misconduct.
13

(f) The development of the policy in subsection (b) shall
14
include, at a minimum, input from the local collective
15
bargaining agent representing teachers, if any,
16
administrators, and parents or guardians. Student input in the
17
development of the policy in subsection (b) is encouraged. The
18
board shall review its wireless communication device policy at
19
least once every 3 years and make any necessary and
20
appropriate revisions to the policy. During this review, The
21
board shall engage, at a minimum, the local collective
22
bargaining agent representing teachers, if any,
23
administrators, and parents or guardians for input and
24
consider any available data on the enforcement of the wireless
25
communication device policy.
26

(g) Before implementation of the policy in subsection (b),

HB5426
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LRB104 20031 LNS 33482 b
1
and with every update to the policy, the school district shall
2
ensure all school personnel and substitute teachers are
3
informed of the tenets of the policy, the roles and
4
responsibilities of staff members, the importance of uniform
5
enforcement, and the handling of implementation in a
6
trauma-informed, developmentally appropriate manner.
7

(h) The board and any school personnel shall be immune
8
from any liability resulting from damage to a wireless
9
communication device when the device is stored in good faith
10
and in accordance with the board's wireless communication
11
device policy. This subsection shall not apply if the damage
12
to the wireless communication device is caused by the willful
13
and wanton conduct of school personnel.
14

(i) The wireless communication device policy shall be
15
posted on the school district's existing, publicly accessible
16
Internet website and included in the student handbook. The
17
wireless communication device policy shall be provided
18
annually to parents, guardians, and school personnel,
19
including new employees when hired. Provision of a hyperlink
20
to the policy shall satisfy the requirements of this
21
subsection.
22

(j) If the school district has an existing wireless
23
communication device policy in place before the effective date
24
of this amendatory Act of the 104th General Assembly that
25
limits wireless communication devices during a majority of or
26
the entirety of the school day, the district may keep its

HB5426
- 29 -
LRB104 20031 LNS 33482 b
1
existing policy in place until the 2030-2031 school year, at
2
which point the district must adopt a wireless communication
3
device policy meeting the requirements of the policy described
4
in subsection (b).

5

Section 99.
Effective date.
This Act takes effect upon
6
becoming law.

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