SB2427sam001 104TH GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 3/14/2025

10400SB2427sam001 LRB104 12240 LNS 23873 a

AMENDMENT TO SENATE BILL 2427

AMENDMENT NO. ______. Amend Senate Bill 2427 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-20.88, 27A-5.3, and 34-18.14a as follows:

(105 ILCS 5/10-20.88 new)

Sec. 10-20.88. Wireless communication device policy.

(a) As used in this Section:

"Instructional time" means the time during a school day students spend learning and participating in school activities. "Instructional time" does not include recess, passing time, or lunch time.

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

(1) cellular telephones;

(2) tablet computers;

(3) laptop computers;

(4) gaming devices; and

(5) wearable devices, including smart watches or smart glasses. "Wireless communication device" does not include any device that a school district or teacher has directly issued to, provided for, or required a student to possess and use for educational purposes during instructional time.

(b) On or before the 2026-2027 school year, each school board shall adopt and implement a wireless communication device policy that:

(1) at a minimum, prohibits a student from using a wireless communication device during instructional time, except as otherwise provided in subsections (c) and (d); and

(2) incorporates guidance for secure and accessible storage of wireless devices during instructional time or directs the district superintendent or his or her designee to provide such guidance. However, this paragraph (2) does not preclude a school district from prohibiting the use or possession of wireless communication devices for students not meeting one of the exceptions set forth in subsection (c) or (d).

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

(1) if a licensed physician determines that the possession or use of a wireless communication device is necessary for the health or well-being of the student and the student uses the wireless communication device as prescribed by the licensed physician;

(2) to fulfill an individualized education program or a plan developed under Section 504 of the federal Rehabilitation Act of 1973; or

(3) if the wireless communication device is necessary for students who are English learners, as defined in Section 14C-2 of this Code, to access learning materials.

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

(1) if school personnel have authorized the student to use a wireless communication device for educational purposes; and

(2) in the event of an emergency as detailed in at least one of the school district's emergency and crises response plans, protocols, or procedures.

(e) No school district may enforce the wireless communication device policy through fees, fines, or the deployment of a school resource officer or local law enforcement officer.

(f) Each school board shall review its wireless communication device policy at least once every 3 years and make any necessary and appropriate revisions to the policy.

(g) A school district shall publicly post the policy adopted and implemented under subsection (b) on its website. If the school district does not operate a website, then the school district shall provide a copy of the policy adopted and implemented under subsection (b) to the parents or guardians of every student enrolled in the school district.

(105 ILCS 5/27A-5.3 new)

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

(a) As used in this Section:

"Instructional time" means the time during a school day students spend learning and participating in school activities. "Instructional time" does not include recess, passing time, or lunch time.

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

(1) cellular telephones;

(2) tablet computers;

(3) laptop computers;

(4) gaming devices; and

(5) wearable devices, including smart watches or smart glasses. "Wireless communication device" does not include any device that a charter school or teacher has directly issued to, provided for, or required a student to possess and use for educational purposes during instructional time.

(b) Beginning with the 2026-2027 school year, each charter school shall adopt and implement a wireless communication device policy that:

(1) at a minimum, prohibits a student from using a wireless communication device during instructional time, except as otherwise provided in subsections (c) and (d); and

(2) incorporates guidance for secure and accessible storage of wireless devices during instructional time. However, this paragraph (2) does not preclude a charter school from prohibiting the use or possession of wireless communication devices for students not meeting one of the exceptions set forth in subsection (c) or (d).

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

(1) if a licensed physician determines that the possession or use of a wireless communication device is necessary for the health or well-being of the student and the student uses the wireless communication device as prescribed by the licensed physician;

(2) to fulfill an individualized education program or a plan developed under Section 504 of the federal Rehabilitation Act of 1973; or

(3) if the wireless communication device is necessary for students who are English learners, as defined in Section 14C-2 of this Code, to access learning materials.

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

(1) if school personnel have authorized the student to use a wireless communication device for educational purposes; and

(2) in the event of an emergency as detailed in at least one of the charter school's emergency and crises response plans, protocols, or procedures.

(e) No charter school may enforce the wireless communication device policy through fees, fines, or the deployment of a school resource officer or local law enforcement officer.

(f) A charter school shall review its wireless communication device policy at least once every 3 years and make any necessary and appropriate revisions to the policy.

(g) A charter school shall publicly post the policy adopted and implemented under subsection (b) on its website. If the charter school does not operate a website, then the charter school shall provide a copy of the policy adopted and implemented under subsection (b) to the parents or guardians of every student enrolled in the charter school.

(105 ILCS 5/34-18.14a new)

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

(a) As used in this Section:

"Instructional time" means the time during a school day students spend learning and participating in school activities. "Instructional time" does not include recess, passing time, or lunch time.

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

(1) cellular telephones;

(2) tablet computers;

(3) laptop computers;

(4) gaming devices; and

(5) wearable devices, including smart watches or smart glasses. "Wireless communication device" does not include any device that the school district or teacher has directly issued to, provided for, or required a student to possess and use for educational purposes during instructional time.

(b) On or before the 2026-2027 school year, the board shall adopt and implement a wireless communication device policy that:

(1) at a minimum, prohibits a student from using a wireless communication device during instructional time, except as otherwise provided in subsections (c) and (d); and

(2) incorporates guidance for secure and accessible storage of wireless devices during instructional time or directs the general superintendent of schools or his or her designee to provide such guidance. However, this paragraph (2) does not preclude the school district from prohibiting the use or possession of wireless communication devices for students not meeting one of the exceptions set forth in subsection (c) or (d).

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

(1) if a licensed physician determines that the possession or use of a wireless communication device is necessary for the health or well-being of the student and the student uses the wireless communication device as prescribed by the licensed physician;

(2) to fulfill an individualized education program or a plan developed under Section 504 of the federal Rehabilitation Act of 1973; or

(3) if the wireless communication device is necessary for students who are English learners, as defined in Section 14C-2 of this Code, to access learning materials.

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

(1) if school personnel have authorized the student to use a wireless communication device for educational purposes; and

(2) in the event of an emergency as detailed in at least one of the school district's emergency and crises response plans, protocols, or procedures.

(e) The school district may not enforce the wireless communication device policy through fees, fines, or the deployment of a school resource officer or local law enforcement officer.

(f) The board shall review its wireless communication device policy at least once every 3 years and make any necessary and appropriate revisions to the policy.

(g) The school district shall publicly post the policy adopted and implemented under subsection (b) on its website.".