105 ILCS 5/34-18.14a: Wireless communication device policy.

(a) As used in this Section:

"School time" means the time students spend on a school campus during the regular school day, beginning with the designated arrival time for students through the designated dismissal time for students, including instructional time, recess, lunch, and passing periods. "School time" does not include a before-school or after-school activity or a student's presence at an off-campus learning opportunity.

"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, except if those devices have disabled the capability to provide messaging or transmit other data communications.

"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.

(b) On or before the beginning of the 2027-2028 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 school time, except as otherwise provided in subsections (c) and (d);

(2) incorporates guidance for wireless communication device storage within a school building during school time;

(3) states the importance of uniform enforcement of the policy in each school and the handling of implementation of the policy in a trauma-informed, developmentally appropriate manner; and

(4) if a school, as an administrative response for a violation of the policy by a student, requires the student's parent or guardian to retrieve the wireless communication device at the school building, provides an alternative for cases in which a parent or guardian is unable to appear in person.

The policy adopted under this subsection and administrative responses for violations of the policy shall be published in a student handbook, if one exists.

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

(1) if a licensed physician, physician assistant, or nurse practitioner determines that the possession or use of a wireless communication device is necessary for the management of the student's health care and the student uses the wireless communication device only as prescribed by the licensed physician, physician assistant, or nurse practitioner;

(2) to fulfill an individualized education program, a plan developed under Section 504 of the federal Rehabilitation Act of 1973, the student's health care provider's medical orders, or another written accommodation plan;

(3) if school personnel have determined the wireless communication device is necessary for students who are English learners, as defined in Section 14C-2, to access learning materials;

(4) if school personnel have determined, on a case-by-case basis, the wireless communication device is necessary for a student caregiver who is routinely responsible for the care and well-being of a family member; or

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

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

(1) at the discretion of the school district, the school district may allow the definition of school time to exclude a high school student's lunch and passing periods;

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

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

(e) The school district may not enforce the wireless communication device policy through fees, fines, suspensions, expulsions, or the deployment of a school resource officer or local law enforcement officer; however, this prohibition does not extend to the use of a wireless communication device to engage in other gross disobedience or misconduct.

(f) The development of the policy in subsection (b) shall include, at a minimum, input from the local collective bargaining agent representing teachers, if any, administrators, and parents or guardians. Student input in the development of the policy in subsection (b) is encouraged. 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. During this review, The board shall engage, at a minimum, the local collective bargaining agent representing teachers, if any, administrators, and parents or guardians for input and consider any available data on the enforcement of the wireless communication device policy.

(g) The board and any school personnel are immune from any liability resulting from damage to a wireless communication device if the device is stored in good faith and in accordance with the board's wireless communication device policy. This subsection does not apply if the damage to the wireless communication device is caused by the willful or wanton conduct of school personnel.

(h) The wireless communication device policy shall be posted on the school district's publicly accessible Internet website. The wireless communication device policy shall be provided annually to parents, guardians, and school personnel, including new employees and substitute teachers when hired. Provision of a hyperlink to the policy satisfies the requirements of this subsection.

(i) If the school district has an existing wireless communication device policy in place before the effective date of this amendatory Act of the 104th General Assembly that limits wireless communication devices during a majority of or the entirety of the school day, the district may keep its existing policy in place through the 2030-2031 school year, at which point the district must adopt a wireless communication device policy meeting the requirements of the policy described in subsection (b).