Legal Reference Guide & Database

Description

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

Description

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.

Description

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.

Description

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.

Description

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: (i) 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. (ii) 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.

Description

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.

Description

Each school district must create and maintain a policy on bullying which must be: (i) on file with the State Board of Education, (ii) published on the school district’s website, and (iii) included in the student handbook. 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, 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.

Description

All school districts must publish a bullying prevention policy on its website.

Description

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. 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.

Description

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.

Description

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.

Description

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.

Description

The Charter Schools Revolving Loan Fund shall be appropriated for the use of interest-free loans to pay start-up costs of acquiring educational materials and supplies, including electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks. Further, the State Board is required to make grants (from a separate appropriation) to charter schools to pay their start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed 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 those administrative costs have been paid.

Description

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.

Description

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.

Description

Grants under this program are available for: a) Training to familiarize youth and adults with basic skills needed to access and utilize computers, common computer applications programs (e.g., word processing) and the Internet; b) vocational skills training relating to information technology occupations; c) access to career related information, employment opportunities, and related search capabilities available through the Internet; d) computerized instruction in: 1) basic literacy skill; 2) GED preparation; and 3) English as a second language instruction; e) before and after school programs for youth for academic enrichment and reinforcement; f) computer skills training and support for entrepreneurs and small businesses; g) distance learning and video conferencing; h) access to assistive technology for disabled populations; i) professional development for teachers; and j) promotion of home access to computers.

Description

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. School districts must annually post on their websites 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.

Description

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

Description

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.

Description

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.

Description

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.

Description

When purchase of supplies and materials or work involves an expenditure in excess of $25,000, schools must award such contracts to the lowest responsible bidder. However, an exception to this rule includes: 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.

Description

School boards must list on the districts Internet website all contracts over $25,000.00 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.

Description

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.

Description

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 solicits the commission of an act by any person. A person also commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification 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 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, is also a violation. Cyberstalking is a Class 4 felony. A second or subsequent conviction is a Class 3 felony.

Description

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.

Description

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.

Description

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.

Description

Within 30 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, and post the report cards on the school district’s Internet website.

Description

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 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.

Description

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.

Description

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, and allows students to engage in career-connected learning outside of the classroom. The School Code provides that five clock hours of instruction or school work are required for each student participating in an E-learning Day. Exceptions to the five-hour instructional day requirement are for students participating in dual credit, internships, youth apprenticeships, or blended learning programs. 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.

Description

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. Districts must also reimburse employees or contractors for any e-learning day in the 2021-2022 school year that occurred prior to April 5, 2022, if the employee did not receive pay or was required to use accrued time off, unless the day was rescheduled and the employee was paid their regular rate of pay for the rescheduled day.

Description

Proposals for E-Learning programs must contain provisions designed to accomplish: (i) ensure and verify at least 5 clock hours of instruction; (ii) ensure access from home or another appropriate remote facility for all students participating, including computers, Internet, and other forms of electronic communication (iii) 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 (iv) ensure appropriate learning opportunities for students with special needs (v) verify each student’s electronic participation (vi) address the extent to which student participation is within the student’s control as to time, pace, and means of learning (vii) provide effective notice to students and their parents or guardians of the use of particular days for e-learning; (viii) provide staff and students with adequate training (ix) 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; (x) review and revise the program to address difficulties confronted; and (xi) 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.

Description

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

Description

A person commits eavesdropping when he or she knowingly and intentionally uses an eavesdropping device, 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: (i) the school board has adopted a policy authorizing such recording; (ii) notice of the recording policy is included in student handbooks and other documents including school policies; (iii) notice of the policy regarding the recording is provided to parents of students, and (iv) notice of such recording is clearly posted on the door of and inside the school bus.

Description

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

Description

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 and is enforcing the operation of such technology protection measures.

Description

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.

Description

Acceptance of bids for contracts may be permitted by an electronic process. The electronic process must provide the following safeguards: (i) 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 (ii) The electronic database must be on a network that: (1) is secured behind a firewall; (2) has specific encryption tools; (3) maintains intrusion detection systems; (4) has redundant systems architecture with data storage backup, whether by CD or tape (5) maintains a disaster recovery plan. Public Act 101-0632 amended this statute, which no longer prohibits bids for construction purposes from being communicated, accepted, or opened electronically.