Legal Reference Guide & Database

Each school district is required to complete a “Shared Service Reporting and Fiscal Efficiency” report for the State Board of Education that includes, among other things, the incidence of shared service options for technology services and STEM program offerings. This report must be approved by the school board at an open meeting that allows for public comment and published on the school district’s website, if any.

Within 30 calendar days of receiving the school district report cards from the State Superintendent of Education, each school district, including special charter districts and Chicago school districts, shall present such report cards at a regular school board meeting subject to applicable notice requirements, post the report cards on the school district’s Internet website, make the report cards available to a newspaper of general circulation serving the district, and, upon request, send the report cards home to a parent (unless the district does not maintain an Internet web site.

School districts must annually post on their websites, if one exists, which curriculum is used to provide comprehensive personal health and safety and comprehensive sexual health education and the name and contact information, including an email address, of school personnel who can respond to inquiries about instruction and materials.

School districts statewide are authorized to utilize “E-Learning Days” in lieu of emergency days or because a school was selected to be a polling place.

The School Code provides that five clock hours of instruction or school work are required for each student participating in an e-learning Day.

Before the adoption of the E-Learning Program, the school board must hold a public hearing on a school district’s proposal for an E-learning Program. Notice must be provided at least 10 days prior to the hearing by (1) publication in a newspaper, (2) written or electronic notice designed to reach parents or guardians of all students in a school district; and (3) written or electronic notice designed to reach any exclusive collective bargaining representatives of school district employees and all those employees not in a collective bargaining unit. The school board’s approval of a school district’s initial E-learning Program and renewal of the E-learning Program shall be for a term of 3 years.

Proposals for e-learning programs must contain provisions designed to accomplish:

• 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.

E-learning Days may be utilized for remote and blended remote learning days.

Parents may elect how they would like to receive IEP meeting materials as long as the options include regular mail or picking up the materials at school. Implies electronic delivery is permitted.
Federal regulations provide that a parent may elect to receive notices required for prior written notice, procedural safeguard notices, and due process complaints by electronic mail, if the school makes that option available.

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.

The Board of Education has the power to expel, suspend, or subject to the limitations of all policies established or adopted in accordance with the provisions of the School Code, or otherwise discipline any pupil found guilty of gross disobedience, misconduct, or other violation of the by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means.

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.

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.

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.

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.

Each public school district, through its school board or designee, must conduct a minimum of one annual meeting to review each school building’s emergency and crisis response plans, protocols, and procedures, including procedures regarding the school district’s threat assessment team, procedures regarding the school district’s cardiac emergency response plan, the efficacy and effects of law enforcement drills,, and each building’s compliance with the school safety drill programs.
In updating a school building’s emergency and crisis response plans, consideration may be given to making the response plans available to first responders, administrators, and teachers for implementation and utilization through the use of electronic applications on electronic devices, including smartphones, tablets, and laptops.

School districts are not required to copy a public record that is published on the district’s website. School districts must notify the requester that the public record is available online and direct the requester to the website where the record can be reasonably accessed.
If the requester is unable to reasonably access the online record, the requester may resubmit the request stating the inability to access the record, and the school district shall make the record available for inspection or copying.

School districts must submit an annual report that includes information about education technology capacity and policies. This includes device availability for students, school access and infrastructure, professional learning and training opportunities, and documentation of developmentally appropriate computer literacy instruction at each grade level.

Provides that the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make a grant to the National Center for Missing and Exploited Children that, among other things, shall be used develop and disseminate programs and educational information regarding, among other things, internet safety and reducing the risk of cyber bullying, child sex trafficking, youth-produced sexual abuse material or sexting, sextortion, and online enticement.

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.

School districts must implement an internet safety component in their curricula. It is recommended that the following topics are included: safe and responsible use of social networking websites, chat rooms, electronic mail, bulletin boards, instant messaging, and other means of communication on the Internet; recognizing, avoiding, and reporting online solicitation; risks of transmitting personal information on the Internet; recognizing and avoiding unsolicited and deceptive communications online; recognizing and reporting online harassment and cyber-bullying; reporting illegal activities and communications on the Internet; and copyright laws on written materials, photographs, music, and video.

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.

For school districts, the School Safety and Educational Improvement Block Grant Program provides funding for school safety, textbooks and software, electronic textbooks (and the technological equipment necessary to gain access to and use electronic textbooks), teacher training and curriculum development, school improvements, school report cards, and criminal history records checks.
For State-recognized, non-public schools, the program provides funding for secular textbooks and software, criminal history records checks, and health and safety mandates to the extent that the funds are expended for purely secular purposes.

The local school principal shall develop an expenditure plan which reflects the school’s local school improvement plan; the expenditure plan and the allocated lump sum amount must be approved by the local school council. The lump sum allocation shall take into account the needs of the school, including, but not limited to, textbooks, electronic textbooks, and technological equipment necessary to gain access to and use electronic textbooks.

School districts may use funding they receive to purchase textbooks or instructional materials in either hard-bound format or electronic format, along with the technological equipment needed to access the materials, if:

1. It can ensure that each pupil will be provided with a copy of the materials to use at school and home; and
2. It will assist the student in understanding the material.

Providing access to the materials at school and at home does not require the school district to purchase two sets of materials.

Free textbooks or electronic textbooks, and the technological equipment necessary to gain access to the materials, may be supplied to students by the district in accordance with a favorable vote at a regularly scheduled election.

The Charter Schools Revolving Loan Fund shall be used to provide interest-free loans to cover start-up costs for acquiring educational materials and supplies, including electronic textbooks and the technological equipment needed to access and use electronic textbooks.
Additionally, the State Board is required to make grants of up to $750 per enrolled student to charter schools to pay for start-up costs related to acquiring educational materials and supplies, textbooks, electronic textbooks, the technological equipment needed to access and use electronic textbooks, furniture, and other equipment or materials required during their initial term.
However, if a charter school fails to make payments toward administrative costs, the State Board may withhold these state funds until the administrative costs are paid.

The governing body of each school district voting in favor of furnishing free textbooks or electronic textbooks shall provide, at the expense of the district, textbooks or electronic textbooks for use in public schools and lend them free to the pupils; such furnished textbooks shall remain the property of the school district. The governing body shall also provide for the sale of such textbooks or electronic textbooks at cost to those pupils wishing to purchase them.

The bylaws, rules and regulations of the Chicago Board of Education shall be enacted, and textbooks, electronic textbooks, and courses of instruction shall be adopted or changed only at the regular meetings of the board and by a vote of a majority of the full membership of the board.
Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council’s discretion.

School districts may purchase textbooks and electronic textbooks (as well as the technological equipment needed to access and use electronic textbooks) from publishers and manufacturers at the prices listed on the retail dealer’s website. They may then sell these items to students at the listed prices or at prices that include the cost of transportation and handling.

School districts may use contingent funds to buy school textbooks, electronic textbooks, instructional materials, and the technology needed to access and use electronic textbooks. These purchases can be made directly from publishers and manufacturers at the prices shown on the retail dealer’s website. A district may also appoint a retail dealer to act as its agent to sell these items to students.
These dealers must settle accounts with the district for the books sold. Dealers are not allowed to sell textbooks at prices more than 10% above the net prices listed on the retail dealer’s website

A regional network of educational service centers shall be established by the State Board of Education to combine existing services in a practical and efficient manner and to provide new services to schools. Services to be made available by such centers shall include the planning, implementation and evaluation of computer technology education and mathematics, science and reading resources for teachers, including continuing education, in-service training, and staff development. The services may also include the provision of other administrator and teacher training programs, data collection, on-site consultation, evaluation services, implementation of the improvement practices selected by school district staff and other services identified by school personnel as critical to the completion of their school improvement efforts.

Records shall not be denied legal effect or validity solely because they are in electronic form. An electronic record satisfies a rule of law requiring information to be “in writing” or “written.”
If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible for later reference.

Each school district must complete an annual report developed by the State Board of Education to accompany the annual financial report, and to be published on the State Board of Education’s website, that summarizes district attempts to improve fiscal efficiency through shared services or outsourcing in the prior fiscal year. Such report shall include, but is not limited to, shared service options such as technology services, supply and equipment purchasing, and STEM program offerings. This report must be approved by the school board at an open meeting that allows for public comment, and it shall be published on the Internet website of the school district, if any.

Any class that teaches comprehensive personal health and safety and comprehensive sexual health education must include course material and instruction to help students safely use the internet, including social media, dating or relationship websites or applications, and texting.

The State Board of Education may require the transmission or collection of any document, record, form, claim, proposal, other data, or funds, between the State Board of Education and any entity doing business with the State Board of Education, be handled by electronic transmission or collection.

The notice that accompanies an honorable dismissal of an employee, in addition to the written notice mailed to the teacher, may be delivered by electronic mail.

Employers are required to reimburse employees for all reasonable expenditures or losses required of the employee in the discharge of employment duties, and that inure to the benefit of the employer. This means that expenses that the employee incurs within the scope of his or her employment, and that directly relate to services for the employer, must be reimbursed unless:
The employee was not authorized or required to incur the expense.
The loss was due to an employee’s own negligence, normal wear, or theft (unless the theft was a result of the employer’s negligence).
If the employee failed to comply with the employer’s written expense reimbursement policy.

The written reimbursement policy may provide specifications or guidelines for authorized necessary expenditures, and provide reimbursement in an amount less than 100% of the expense, so long as the employer does not have a policy that provides for no reimbursement or de minimis reimbursement.

The competent teacher identifies individual student needs and effectively locates and accesses technology, services, and resources to address those needs. The teacher demonstrates fluency in technology systems and uses technology to support and enhance learning. Additionally, the teacher utilizes assistive technology to ensure access for individuals with disabilities. The teacher understands the appropriate role of technology and assistive technology in providing differentiated instruction to meet diverse student needs.

Certain immunities are granted to public employees, including negligent misrepresentation or the provision of information, either orally, in writing, by computer, or any electronic transmission, or in a book or other form of library material.

Student teachers and all applicants with a school district are required to authorize a fingerprint-based criminal history records check to determine if such student teachers or applicants have been convicted of any disqualifying, enumerated criminal or drug offenses or have been convicted, within 7 years of the application, of another felony.
Upon receipt of the authorization, the school district shall submit the applicant’s name, sex, race, date of birth, social security number, fingerprint images, and other identifiers to the Illinois State Police.
The information concerning the record of convictions shall be confidential and a copy of the record of convictions obtained from the Illinois State Police shall be provided to the student teacher or applicant for employment.

School boards have the power to sell or market any computer program developed by an employee of the school district, provided that such employee developed the computer program as a direct result of his or her duties with the school district or through the utilization of the school district resources or facilities. The employee is entitled to share in the proceeds of the sale or marketing of the program, except that neither the employee nor the school district may receive more than 90% of such proceeds.

If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker’s employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing & Exploited Children.
Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001.

The chief executive officer shall publish notice of proposed school actions such as school closures, consolidation, co-location, or boundary changes, on the district’s Internet website, as well as a written report by an independent hearing officer that summarizes the public hearings conducted to determine whether the chief executive officer complied with statutory requirements. The chief executive officer shall publish the report on the district’s Internet website within 5 calendar days after receiving the report and at least 15 days prior to any Board action being taken. Lastly, a summary of the public meeting shall be published on the district’s website within 5 calendar days after the meeting..
With respect to school closures only, eight months after notice of the proposed school action is given, the chief executive officer must publish on the district’s website a full financial report on the closure that includes an analysis of the closure’s costs and benefits to the school district.

A list of all property owned by or leased to the Board shall be published on the district’s Internet website and updated annually.
Further, a summary of all lease agreements in which the Board is a lessor or lessee must be published. All lease agreements in which the Board is a lessor or lessee shall be published on the district’s Internet website for the duration of the lease.

The school district must post a current list of all unfilled teaching positions in the district on its Internet website. The State Board of Education’s Internet website must provide a link to this list.

The district shall publish space utilization standards on the district’s website along with a space utilization report for each school building by December 31 of each year.

The data, information, and analysis that informs the educational facility master plan must be published on the district’s website.

The district shall develop one-year and 5-year capital improvement plans. The proposed one-year capital improvement plan shall be posted on the district’s Internet website and shall be subject to public review and comment and at least 3 public hearings. The 5-year plan shall be published on the district’s website and distributed to all principals.

The chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district’s Internet website.

Applicants may petition the State Board of Education for the waiver or modification of provisions within the School Code, or of the administrative rules and regulations established by the State Board of Education.
If the applicant is a school district, the district shall post information that sets forth the time, date, place, and subject matter of the public hearing on its website at least 14 days prior to the hearing.

Effective July 1, 2021, each school shall post and maintain on its website, or make available for inspection at its administrative office the following information:

1. a “layperson” explanation of the data elements of covered information under the Student Online Protection Act that the school collects, maintains, or discloses to any person or entity, and how the school uses and discloses the information, and the purpose of the use of such information;
2. a list of operators that the school has written agreements with, a copy of each written agreement, and a business address for each operator;
3. for each operator, a list of any subcontractors to whom covered information may be disclosed, or a link to the operator’s website that lists that information;
4. a written description of procedures a parent may use to exercise rights granted by the Act;
5. a list of any breaches of covered information that includes: the number of students involved (unless disclosure violates Personal Information Protection Act);
   1. the date or estimated date range of the breach; and
   2. if an operator breach, the name of the operator.

Schools must update items (1)(3)(4)and (5) no later than 30 calendar days following the start of a fiscal year, and no later than 30 days following the beginning of a calendar year.

If the number of students whose covered information involved in the breach is less than 10% of enrollment, the school may omit such breach.

Each school must post on its website, or make available at its administrative office for inspection, each written agreement entered into under the Student Online Personal Protection Act.

A school district entering into a severance agreement with an employee or contractor because the employee or contractor was found to have engaged in sexual harassment or sexual discrimination must publish on its website, if one is maintained:
(i) the name and title of the person receiving payment;
(ii) the amount of the payment;
(iii) the employee or contractor was found to have engaged in sexual harassment or sexual discrimination; and
(iv) the date, time, and location of the meeting at which the school district approved the severance agreement.

School districts must pay employees who provide educational support services their regular rate of pay and benefits for any e-learning day if the employee would have reported for work but for the closure, unless the day is rescheduled and the employee will be paid their regular pay for the rescheduled day.
A school district shall make full payment that would have otherwise been paid to its contractors who provide educational support services to the district, including, but not limited to, custodial, building maintenance, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure. The employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered.

No later than December 1, 2022, and each December 1st thereafter, each school district must report to ISBE data related to the number of personnel holding school support personnel endorsements, and must make that information available on the district’s website.

School districts shall give public notice of the schedule of regular meetings at the beginning of each calendar or fiscal year and shall state the regular dates, times, and places of such meetings.
An agenda for each regular meeting shall be posted at the principal office of the school district and at the location where the meeting is to be held at least 48 hours in advance of the meeting. A district with a full-time staff operating a website shall also post on its website the agenda of any regular meetings. Any agenda of a regular meeting that is posted on a website shall remain posted until the regular meeting is concluded.

The school district shall maintain on its Internet website the names of all voting members of the school board who have successfully completed professional development and leadership training.

School districts must include a mechanism (such as a uniform single email address) on its Internet website for members of the public to electronically communicate with school board members.

A public body shall approve the minutes of its open meeting within 30 days after that meeting or at the public body’s second subsequent regular meeting, whichever is later. The minutes of meetings open to the public shall be available for public inspection within 10 days after the approval of such minutes by the public body.
A school district that has a website maintained by full-time staff must post the minutes of a regular meeting on its website within 10 days after the approval of the minutes, and the minutes shall remain posted on the website for at least 60 days.

Requires that Illinois Municipal Retirement Fund (IMRF) employers post on their website and at their principal place of business the total compensation package (TCP) for each IMRF-covered employee earning in excess of $75,000 within six days after approval of the budget, and for employees earning a minimum of $150,000 posting of the TCP at least six days prior to approving their TCP.

School districts must include FOIA officer information, the method whereby the public may request information, the address where requests may be directed, and any fees associated with the request.

School boards must list on the districts Internet website all contracts over $25,000 and any contract the school board enters into with an exclusive bargaining representative.
Further, each school district must prepare an annual report on all contracts over $25,000 awarded during the previous fiscal year and publish same on its website. Each school district must also submit the annual report to the State Board of Education.

If a school district has an Internet website, the school district shall post its current annual budget, itemized by receipts and expenditures, on the district’s Internet website.

Each school board must prepare a report containing the base salary and benefits of the district superintendent and all administrators and teachers employed by the school district and publish same on its website.

The State Board of Education, in coordination with the Department of Public Health, shall develop type 1 diabetes informational materials for the parents and guardians of students. The informational materials shall be made available to each school district and charter school on the State Board’s Internet website. Each school district and charter school shall post the informational materials on the school district’s or charter school’s website, if any.

Each school board shall review and update its suicide awareness and prevention policy, and post such policy on the school district’s publicly accessible Internet website.

Each school district must develop an employee code of professional conduct policy in accordance with the requirements of Faith’s Law and post the policy on its website, if any, and be included in any staff, student, or parent handbook.

Each remote and blended remote learning day plan shall be posted on the district’s website where other policies, rules, and standards of conduct are posted.

If a school district contracts with a commercial driver training school for purposes of classroom instruction and practice driving, the district shall post a copy of the final contract between the district and the commercial driving training school. If no website exists, the school
district shall make the contract available upon request.

Certain districts identified by the ISBE that meet specified criteria must post a plan identifying strategies the school district will implement to reduce the use of exclusionary disciplinary practices, or racial disproportionality, or both.

All school districts must publish a bullying prevention policy on its website, as well as the information developed as a result of a policy evaluation.

A school board that adopts a policy to incorporate activities to address intergroup conflict, shall make that policy available to the public by posting the information on the school district’s Internet website, if any.

Given the advancement of technology in school districts, all school districts are encouraged to make available and use alternatives to dissection, when the alternatives are appropriate and can provide an educational experience that is equal or superior to the traditional use of dissection.

A student may participate only after the school district, pursuant to adopted school board policy, and a person authorized to enroll the student determine that a remote educational program will best serve the student’s individual learning needs.
A remote educational program is an educational program delivered to students in the home or other location outside of a school building that aligns to State learning standards, and the program offers instruction and educational experiences consistent with those given to students at the same grade level in the district. Each student must have a written remote educational plan approved by the school district. The placement of a student in a remote educational program does not relieve the school district of the responsibility for ensuring the student will receive all programming and related services required by the IEP.
This program does not include instruction delivered to students through an “E-Learning Program.”

One of the duties of the Illinois P-20 Council, established to study and make recommendations concerning education at all levels, is to make recommendations for the short- and long-term actions needed to recover learning in the wake of the Covid-19 pandemic, including: closing the digital divide for all students pertaining to access to devices, internet connectivity, and ensuring educators have the necessary support and training to provide high quality remote and blended learning to students.

School districts may, on a case-by-case basis, allow a student to take a portion of a driver’s education course through a distance learning program. Such a decision must be approved by the school’s administration, including the driver education teacher and the parent/guardian. The student may not take the entire driver education course through a distance learning program.

School districts that collect biometric information from students shall adopt policies that require, at a minimum, all of the following:

1. Written permission from the individual who has legal custody of the student or from the student if he or she has reached the age of 18.
2. Discontinuation of use of a student’s biometric information upon the student’s graduation or withdrawal; or upon receipt in writing a request for discontinuation by the individual who has legal custody of the student or from the student if he or she has reached the age of 18.
3. Destruction of a student’s biometric information within 30 days after the use of the biometric information is discontinued.
4. The use of biometric information solely for identification or fraud prevention.
5. Prohibition on the sale, lease, or disclosure of biometric information (unless there is consent or disclosure required by court order).
6. Storage, transmittal and protection of biometric information from disclosure.

“Biometric information” means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.

Any on-premises fixed telephones associated with a multi-line telephone system must ensure that “dispatchable location” information is conveyed with any 9-1-1 call made from such device. Any on- or off-premises, non-fixed devices associated with a multi-line system must also ensure that “dispatchable location” information is conveyed when technically feasible; otherwise, it shall provide dispatchable location based on end user manual update or alternative location information. “Dispatchable location” includes the street address of the caller, plus additional location information such as a suite, apartment, or similar information necessary to identify the location of the caller.

Effective February 16, 2020, any multi-line telephone system that is installed must be capable of direct dialing 9-1-1, without having to first dial an outside line.

Provides that the Broadband Advisory Council shall evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second.

No student may use or have in his or her possession any pocket pager or similar electronic paging device while in any school building or on any school property, unless authorized by the school board (or the principal, for cities with a population over 500,000 inhabitants).

The school board (or the Chicago Board of Education, for cities with a population over 500,000 inhabitants) may establish appropriate rules and disciplinary procedures governing the use or possession of cellular radio telecommunication devices by a student while in a school or on school property, during regular school hours, or at any other time.

The Communications Act and Federal Communications Commission rules prohibit the operation of devices designed to prevent, jam, or otherwise interfere with cell phone communications.

Each school shall designate an official records custodian who is responsible for the maintenance, care and security of all school student records, whether they are in electronic or hard-copy form, and whether or not such student records are in his or her personal custody or control.

The official records custodian shall take all reasonable measures to prevent unauthorized access to or dissemination of school student records.

A student permanent record is the minimum personal information necessary to a school in the education of the student, which may include: the student’s name, birth date, address, grades and grade level, parents’ names and addresses, attendance records, and such other entries as the State Board may require or authorize. A school is required to maintain student permanent records for no less than 60 years after the student has graduated, transferred, or permanently withdrawn from the school.

A student temporary record is all information contained in a school student record that is not required to be contained in the student permanent record. This information must be maintained by a school for no less than 5 years after the student has graduated, transferred, or permanently withdrawn from the school.

A school student record is any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored.

Upon notification by the Illinois State Police of a missing minor, school districts and preschool programs are required to flag the record, whether electronic or hard-copy, of the missing minor such that whenever a copy of information regarding the record is requested, the school shall be alerted to the fact that the record is of a missing person. The school must immediately report to the Illinois State Police any request concerning flagged records or knowledge as to the whereabouts of any missing minor. Upon notification by the Illinois State Police that the missing person has been recovered, the school or other entity shall remove the flag from the person’s record.

School districts are also required to undertake the abovementioned duties and additionally report to local law enforcement authority.

A Public Record is defined to include born-digital material, digitized electronic material, electronic material with a combination of digitized and born-digital material, and other documentary material, regardless of physical form or characteristics made, produced, executed or received by any agency or officer pursuant to law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency as evidence of the organization, function, policies, decisions, procedures, or other activities.
The Local Records Commission has promulgated regulations to establish procedures for the disposition of public records, procedures for the management and preservation of electronically generated and maintained records, and standards for the reproduction of such public records by digitized electronic format.
The Local Records Act is applicable to student records maintained pursuant to the School Student Records Act and, therefore, a local school district must obtain the written approval of the appropriate local records commission before destroying or otherwise disposing of student records, whether they exist in physical hardcopy form or digital form.

The written agreement required by the Student Online Personal Protection Act between school districts and operators can be in electronic form and signed with a digital signature or a “click wrap” agreement and must contain:

• the type of covered information;
• statement of the product or service;
• specific language prescribed by statute regarding the authorized use of the covered information;
• how costs incurred by the school will be allocated in the event of a breach;
• statement that the operator must delete or transfer to the school all covered information if the information is no longer needed for the purposes of the written agreement, and specifications for the time period in which the information must be deleted or transferred; and
• statement that the school must publish the written agreement on the school’s website, or available for inspection if no website is maintained.

Each school must adopt a policy designating which school employees are authorized to enter into written agreements with operators

Any written agreement under which the disclosure of covered information between a school and a third party takes place must include a provision requiring the entity to whom the covered information is disclosed to implement and maintain reasonable security procedures and practices to protect covered information from unauthorized access, destruction, use, modification, or disclosure.

No school district may sell, rent, lease or trade any covered information.

Additionally, schools (other than nonpublic schools) may not share, transfer, disclose, or provide access to a student’s covered information to an entity or individual, other than the student’s parent, school personnel, appointed or elected school board members or local school council members, or the State Board, absent a written agreement, unless it is for the protection and safety of others, required by court order of State or federal law, or to ensure legal or regulatory compliance.

Upon a parent’s request, a school must request an operator to delete covered information on behalf of a student, so long as the deletion of the covered information does not violate State or federal records laws.

The Student Online Personal Protection Act prohibits “operators” from engaging in targeted advertising, sale, rent, and use of protected information to protect privacy and security of student data.
“Operators” have various duties under the act, namely:

• implement and maintain reasonable security measures to protect covered information from unauthorized access, destruction, use, modification, or disclosure;
• delete a student’s covered information if the school requests such deletion (unless a student or his or her parent consents to the maintenance of such covered information);
• publicly disclose material information about its collection, use, and disclosure of covered information (e.g., terms of service agreement, privacy policy, or similar document);
• excepting nonpublic schools, requires any operator who seeks to receive any covered information to enter into a written agreement with the school before the covered information is transferred;
• in case of a breach, expedient notification to the school; and
• excepting nonpublic schools, providing to the school a list of third parties to whom the operator is disclosing or has disclosed covered information.

In the event of a breach, the school shall notify the parent of any student whose covered information was involved in the breach within 30 calendar days after receipt of notice of the breach by the operator, or determination that a breach has occurred, and include the following information:

1. date, estimated date, or date range of the breach;
2. description of the compromised covered information;
3. information the parent may use to contact the operator and the school to inquire about the breach;
4. toll-free numbers, addresses, and websites for consumer reporting agencies;
5. toll-free number, address, and website for Federal Trade Commission; and
6. A statement that the parent may obtain information from the Federal Trade Commission and consumer reporting agencies about fraud alerts and security freezes.

Employers are prohibited from requesting, requiring, or coercing any employee or prospective employee to provide a user name and password or any password or other related account information in order to gain access to the employee’s or prospective employee’s personal online account or to demand access in any manner to an employee’s or prospective employee’s personal online account. Employers are not prohibited from maintaining workplace policies governing the use of the employer’s electronic equipment, including internet/social networking/email use, and are further not prohibited from monitoring the usage of the employer’s electronic equipment (without requesting or using any employee’s to provide any password in order to gain access to the employee’s personal account).

Elementary or secondary schools must provide notification to the student and his or her parent or guardian that the school may not request or require a student to provide a password or other account information to gain access to the student’s account or profile on a social networking website.

Elementary or secondary schools must provide notification to the student and his or her parent or guardian that the school may conduct an investigation, or require a student to cooperate in an investigation, if there is specific information about activity that violates a disciplinary rule or policy. The notification must be published in the elementary or secondary school’s disciplinary rules, policies, handbook, or communicated by similar means.

Obligates “data collectors” (defined to include any public or private entity, including school districts) to notify Illinois residents when their “personal information” has been breached. The law provides an expansive definition of “personal information.” It includes breaches of health insurance information, medical information, unique biometric data, and online account information.

Data collectors are required to notify affected residents and provide contact information for consumer reporting agencies and the Federal Trade Commission, and advise that the individual can obtain information from these sources about fraud alerts and security freezes.

If a breach permits access to an online account, notices via electronic or other form are required directing the individual to promptly change his or her user name or password or take appropriate steps to protect accounts. Data collectors are required to implement and maintain reasonable security measures to protect “personal information” from unauthorized access.

In the event that notice is required to be issued to more than 500 residents as a result of a breach, notice shall be provided to the Attorney General, including a description of the nature of the breach, the number of residents affected, and steps the data collector has taken in response to the breach. The Attorney General is authorized to publish the name of the data collector, the types of information compromised, and the date range of the breach.

FERPA generally prohibits educational agencies and institutions from disclosing students’ education records, whether they be electronic or written, without written parent or eligible student consent. “Student education records” are broadly defined to include any records, files, or documents that contain information directly related to a student and that are maintained by or for an educational agency or institution. However, FERPA limits on disclosure to apply only to personally identifiable information on students.

The examination concerning patriotism and principles of representative government may be administered remotely.

Beginning in the 2022-2023 school year, every public high school must include in its curriculum a unit of instruction on media literacy, including, but not limited to: Accessing information; analyzing and evaluating media messages; creating media; reflecting on media consumption; and social responsibility and civics.

Media literacy includes media of all forms, including print, visual, audio, interactive, and digital texts.

The examination concerning History of the United States may be administered remotely.

Beginning October 1, 2021, any preparation program for teaching, school support, or administrative field shall be based on applicable standards of the Culturally Responsive Teaching and Leading. One of those standards is that a culturally responsive teacher and leader employs authentic and modern technology usage inspiring digital literacy through an equity lens.

Mandates the State Board of Education to develop and adopt rigorous learning standards in the area of computer science and analyze and revise course titles dedicated to computer science or develop a short list of existing course titles that are recommended for computer science courses.

Beginning with the 2023-2024 school year, high schools must provide an opportunity for every high school student to take at least one computer science course aligned to the rigorous learning standards of ISBE.

The curriculum information presented on the School Report Card must include “computer science courses.”

“Computer science” is defined as “the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. ‘Computer science’ does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.”

For students who will enter 9th grade in the 2022-2023 school year and 2023-2024 school year, a student must take one year of a course that includes intensive instruction in computer literacy (which may be incorporated with another subject that fulfills another graduation requirement.) Beginning with the 2024-25 school year, as a prerequisite to receiving a high school diploma, each pupil entering the 9th grade must successfully complete one year of a course that includes intensive instruction in computer literacy, which may be English, social studies, or any other subject and which may be counted toward the fulfillment of other graduation requirements.

All school districts must ensure that students receive developmentally appropriate opportunities to gain computer literacy skills beginning in elementary school.

A minor is prohibited from distributing or disseminating an indecent visual depiction of another minor through the use of a computer or electronic communication device.

Further, under the Child Pornography statute, juveniles and adults could be charged with Child Pornography, a Class 1 Felony, if a person with the knowledge of the content, disseminates or is in possession of any depiction of any child whom the person knows or should know the person to be under the age of 18 engaged in sexual acts.

A person commits a hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, disability, citizenship, immigration status, or national origin, he or she commits assault, battery, aggravated assault, theft, trespass to residence, criminal damage to property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications.

A hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.

The crime of harassment through electronic communications consists of using electronic communication for any of the following purposes:

1. making any comment, request, suggestion, or proposal which is obscene with an intent to offend;
2. interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;
3. transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
4. transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether such person consents to the harassment, if the defendant is at least 16 years of age at the time;
5. threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
6. knowingly permitting any electronic communications device to be used for any of the above purposes.

Harassment by Electronic Communication is a Class B misdemeanor for a first offense, and a second or subsequent violation is a Class A misdemeanor.

The Cyberstalking law criminalizes harassing and threatening behavior, on at least two separate occasions, made via electronic communication and:

1. at any time transmits a threat of immediate bodily harm, sexual assault, confinement or restraint;
2. places that person or a family member of that person in reasonable apprehension of immediate bodily harm, sexual assault, confinement, or restraint; or
3. at any time knowingly solicits the commission of an act by any person.

A person also commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification installs or places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and:

1. at any time transmits a threat of immediate bodily harm, sexual assault, confinement or restraint;
2. places that person or a family member of that person in reasonable apprehension of immediate bodily harm, sexual assault, confinement, or restraint; or
3. at any time solicits the commission of an act by any person.

Further, a person who creates and maintains a website for at least 24 hours that contains statements harassing another person and: includes a threat of immediate or future bodily harm, sexual assault, confinement, or restraint directed toward another person; and which places the person or family member of that person in reasonable apprehension of immediate or future harm; and which knowingly solicits the commission of an act by any person, is also a violation.

Cyberstalking is a Class 4 felony. A second or subsequent conviction is a Class 3 felony.

When purchase of supplies and materials or work involves an expenditure in excess of $35,000 or a lower amount as required by board policy, schools must award such contracts to the lowest responsible bidder. However, numerous exceptions to this rule exist, including: purchases and contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, and services.

Acceptance of bids for contracts may be permitted by an electronic process. The electronic process must provide the following safeguards:

1. On the date and time of bid opening, the person conducting the competitive, sealed, electronic bid process shall log onto a specified database using a unique username and password previously assigned to the bidder to allow access to the bidder’s specific bid project number.
2. The electronic database must be on a network that:
   • is secured behind a firewall;
   • has specific encryption tools;
   • maintains intrusion detection systems;
   • has redundant systems architecture with data storage backup, whether by CD or tape; and
   • maintains a disaster recovery plan.

A program to award competitive, merit-reviewed grants to eligible entities to recruit and prepare undergraduate students majoring in science, technology, engineering or mathematics to become qualified as mathematics and science teachers at an elementary or secondary school and to provide scholarships and stipends to individuals participating in the program.

The Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems. Specifically, the Director shall use the existing programs of the National Science Foundation to improve the teaching and learning of topics related to artificial intelligence systems in K-12 educational programs through the award of grants.

In consultation with the Secretary of Education, the Secretary of each military department may carry out a program to make grants available to eligible entities to assist in providing education regarding science, technology, engineering, mathematics, computer science, computational thinking, artificial intelligence, machine learning, data science, quantum information sciences, cybersecurity, robotics, health sciences, and other subjects determined by the Secretary of Defense to be related to science, technology, engineering, and mathematics.

The Secretary of Education will make grants to, and enter into contracts and cooperative agreements with, eligible entities to support certain activities to promote the development, demonstration, and use of technology to improve results for children with disabilities and to support educational media services designed to be of educational value in the classroom setting to children with disabilities.

A local education agency may use funds received under Part B of the IDEA to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of children with disabilities.

Local education agencies may receive allocations pursuant to Student Support and Academic Enrichment Grants and must use a portion of such funds to improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students.

However, these funds may not be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet unless a school, school board, local educational agency, or other authority has in place prescribed policies of Internet safety for minors and is enforcing the operation of such technology protection measures during any use of such computers by minors.

A special fund created as a non-appropriated trust fund within the State treasury that provides that excess moneys in the fund may be provided as grants to: i) Illinois schools to purchase computers, upgrade technology, and support career and technical education; or ii) incubators, accelerators, innovation research, technology transfer, and educational programs that provide training, support, and other resources to technology businesses to promote job growth and venture capital environments in communities of color or underrepresented or under-resourced communities in the State.

The school board of any district may levy annual taxes (not to exceed .05% upon value of taxable property) for the purpose of leasing educational facilities or computer technology, or both.

The State Board of Education administers a School Technology Revolving Loan Program for the purpose of making technology hardware improvements affordable and integrating technology in the classroom. Loans are available for the purpose of making technology hardware investments for students and staff of eligible applicants, such as: expenditures for the establishment of local and wide area networks; network hardware; supplies and cost of labor for electrical work; hardware necessary for staff development and classroom instruction; staff development related to the integration of technology; and other technology hardware investments directly related to staff development or to classroom instruction.

Subject to appropriation, makes grants available for public schools to assist with engineering studies and feasibility studies and in training green economy technology and in the installation, acquisition, construction, and improvement of renewable energy resources, including without limitation smart grid technology, solar energy (such as solar panels), geothermal energy, and wind energy. Currently scheduled to be repealed on December 31, 2025.

Makes grants to school districts to expand K–8 learning opportunities so all students meet Illinois Learning Standards in math and science. Also funds training for K–12 teachers to improve math and science instruction, supports curriculum and assessment improvements, and provides classrooms with related materials and equipment.

Subject to appropriation, establishes a competitive grant program to support the development or enrichment of computer science programs in K-12 schools through:

• Expanded learning opportunities in grades K-12 to ensure that all students have access to computer science coursework that is aligned to rigorous State standards and emerging labor market needs;
• Training and retraining of teachers of grades K-12 to be more proficient in the teaching of computer science by providing professional development opportunities;
• Supplying classrooms with materials and equipment related to the teaching and learning of computer science; and
• More effective recruitment and better service to K-12 learners who are underrepresented in the computer science labor market for enrollment in computer science coursework.

Priority consideration for all applications will be given to proposals that intend to serve a majority of learners or teachers with gender or racial/ethnic identities that are underrepresented in the computer science labor market.

Provides the Department of Commerce and Economic Opportunity with the authority to establish, provide grants for, and coordinate cooperative agreements between employers and secondary and postsecondary schools to provide students with work experience in high technology occupations combined with classroom instruction.

Subject to appropriation, provides grants to plan, establish, administer, and expand Community Technology Centers to individuals, communities, and populations that typically would not otherwise have the opportunity to use computer and telecommunications technologies.

Grants under this program support training in basic computer and Internet skills for youth and adults; vocational IT skills; access to career information and job searches online; computerized instruction in literacy, GED preparation, and English as a second language; before- and after-school academic programs for youth; computer training for entrepreneurs and small businesses; distance learning and video conferencing; access to assistive technology for people with disabilities; professional development for teachers; and promotion of home computer access.

Requires the Illinois State Board of Education (ISBE) to develop statewide guidance for school districts and educators on the use of artificial intelligence (AI) in elementary and secondary education.

Beginning with the 2026-27 school year, “cyber-bullying” also includes the posting or distribution of an unauthorized digital replica by electronic means if the posting or distribution creates any of the effects enumerated in the definition of “bullying” under the Illinois School Code.

Requires that an employer that asks applicants to record video interviews and uses artificial intelligence analysis on the applicant videos must (1) notify each applicant before the interview that artificial intelligence may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position; (2) provide each applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants; and (3) obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided.

An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis or share applicant videos, except if necessary in order to evaluate an applicant’s fitness for a position.

Certain demographic information must be collected and reported to the Department of Commerce and Economic Opportunity if the employer will rely solely on the artificial intelligence analysis to determine whether an applicant will be selected for an in-person interview.