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Illinois General Assembly - 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,
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
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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
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

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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
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
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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
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
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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.

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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
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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

SB2427 Enrolled
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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

SB2427 Enrolled
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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 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
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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
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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
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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

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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

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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

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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)

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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.

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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

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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

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.

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