Legal Reference Guide & Database

• ensure and verify at least 5 clock hours of instruction;
• ensure access from home or another appropriate remote facility for all students participating, including computers, Internet, and other forms of electronic communication;
• ensure that non-electronic materials are made available to students participating in the program who do not have access to required technology, or to participating teachers or students who are prevented from accessing the required technology;
• ensure appropriate learning opportunities for students with special needs;
• monitor and verify each student’s electronic participation;
• address the extent to which student participation is within the student’s control as to time, pace, and means of learning;
• provide effective notice to students and their parents or guardians of the use of particular days for e-learning;
• provide staff and students with adequate training;
• ensure opportunity for collective bargaining negotiations with representatives of the district’s employees who would be affected in the event of an e-learning Day;
• review and revise the program to address difficulties confronted; and
• ensure that protocol regarding general expectations and responsibilities of the program is communicated to teachers, staff, and students at least 30 days prior to utilizing an e-learning Day.

105 ILCS 5/14-8.02f
23 Ill. Admin. Cd. 226.530
34 CFR 300.505

According to rules established by the State Board of Education, school district personnel are required to prepare a comprehensive evaluation of the student to determine whether he or she is eligible for special education services. After the student is deemed eligible for services, an IEP meeting is held to develop his or her individualized education program.

At the child’s initial IEP meeting and at each annual review meeting, the child’s IEP team shall provide the child’s parent or guardian with a written notification that informs the parent or guardian that the IEP team is required to consider whether the child requires assistive technology in order to receive free, appropriate public education. The notification must also include a toll-free telephone number and internet address for the State’s assistive technology program.

Assistive technology includes both devices and services. As defined in IDEA:

1. an assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
2. an assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

105 ILCS 5/14-8.02
34 C.F.R. § 300.5
34 C.F.R. § 300.6

105 ILCS 5/34-19

School boards have the power to expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means.

The board may suspend or authorize the superintendent, principal, assistant principal, or dean to suspend a student for not longer than 10 days, or expel a student for a period of time not to exceed 2 years, if:

1. the student has been determined to have made an explicit threat on the Internet website against an employee, personnel, or student;
2. the Internet website was accessible within the school, or available to third parties who worked or studied on school grounds, at the time the threat was made; and
3. the threat could reasonably be interpreted as threatening to the safety and security of the individual because of his or her duties or employment status or status as a student.

105 ILCS 5/10-22.6(a)
105 ILCS 5/10-22.6(d-5)

School bus drivers are required to have either an operating two-way radio or a cellular radio telecommunications device while in possession of the bus. It is a petty offense for a school bus driver to use a cellular device when the school bus is moving, unless the use falls within the enumerated exceptions, including, but not limited to:

1. using the cell phone in an emergency,
2. to call for assistance in the event that there is a mechanical breakdown or other mechanical problem that impairs the safe operation of the bus or to communicate with school authorities or their designees about any other issue relating to the operation of the school bus or the welfare and safety of any passenger, or
3. using the cell phone while the bus is parked.

625 ILCS 5/12-813.1

Each school district must have a policy to ensure that the bus driver is the last person leaving the bus, and that no passenger is left behind or remains on the vehicle at the end of a route, a work shift, or work day.

This policy and procedure requires, at a minimum, the bus driver to:

1. Test the cellular radio telecommunication device or two-way radio and ensure it is functioning properly before the bus is operated; and
2. before leaving the bus at the end of each route, work shift, or work day, walk to the rear of the bus and check the bus for children or other passengers.

This policy may include, at the discretion of the school district, the installation of a mechanical or electronic post-trip inspection reminder system.

625 ILCS 5/12-816

A person commits eavesdropping when he or she knowingly and intentionally uses an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording any part or all of any private conversation to which he or she is or is not a party, unless he or she does so with the consent of the parties to the private conversation.

School bus footage is exempt from this provision, provided: any videotape, digital, or other visual or audio recording is made of the interior of a school bus while the bus is transporting students to and from school and school-sponsored activities, and:

1. the school board has adopted a policy authorizing such recording;
2. notice of the recording policy is included in student handbooks and other documents including school policies;
3. notice of the policy regarding the recording is provided to parents of students, and
4. notice of such recording is clearly posted on the door of and inside the school bus.

720 ILCS 5/14-2
720 ILCS 5/14-3

105 ILCS 128/25

5 ILCS 140/8.5

105 ILCS 5/10-20.74

34 U.S.C. § 11293(M)

All schools and libraries receiving discounted Internet access under a particular federal program (“E-rate Program”) must adopt Internet safety policies in accordance with the Children’s Internet Protection Act (CIPA).

School and library authorities must certify that they:

1. have complied with requirements of CIPA;
2. are undertaking actions, including any necessary procurement procedures, to comply with the requirements of CIPA; or
3. CIPA does not apply because they are receiving discounts for telecommunications services only. CIPA requires that schools and libraries adopt an internet safety policy, implement technology protection measures (i.e., filtering images and content), and provide reasonable public notice and hold at least one public hearing or meeting to address a proposed technology protection measure and Internet safety policy.

47 U.S.C. § 254
20 U.S.C. § 9134
47 C.F.R. § 54.501

105 ILCS 5/27-13.3

Each school district must create, maintain, and implement a policy on bullying which must be:

1. on file with the State Board of Education,
2. published on the school district’s website, and
3. included in the student handbook. This policy on bullying shall be based on the State Board of Education’s template for a model bullying prevention policy.

The School Code provides that no student shall be subjected to bullying via transmission of information from a school computer, a school computer network, or other similar electronic school equipment. “Bullying” includes “cyber-bullying” and means any severe or pervasive physical or verbal act or conduct, including electronic communication, directed toward a student or students that has or can be reasonably predicted to have the effect of placing a student in reasonable fear of harm to the student’s or student’s person or property, causing a substantially detrimental effect on the student’s physical or mental health, substantially interfering with the student’s academic performance, or substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

The statute also creates the Illinois Bullying and Cyberbullying Prevention Fund, from which the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming.

105 ILCS 5/27-23.7

105 ILCS 5/2-3.51.5

105 ILCS 5/34-2.3