Laws Affecting Technology in Illinois School Districts

Legal Reference Guide & Database

The LTC’s Legal Reference Database and Guide provides an introduction to the statutes, regulations, and rules that may apply to the use of technology in a school district.

The information presented below was written in collaboration with the LTC’s attorneys and should not be construed as legal advice or a comprehensive reference of every statute, regulation, or rule that may relate to technology within school districts. Unless otherwise noted, the laws referred to herein apply to all school districts within the State of Illinois. Last Updated: August 25, 2022.

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Electronic Devices

“Cell Phone Jammers”

47 U.S.C. § 302a(b)
47 C.F.R. § 2.803(a)

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.
Applicability
This is a law of general applicability to any person violating these provisions.
District Website Content

Administrator and Teacher Compensation

105 ILCS 5/10-20.47

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.
Applicability
This law applies to all school districts that maintain a website.
District Website Content

Anti-Bias Policy

105 ILCS 5/27-23.6

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.
Applicability
This law applies to those school districts incorporating activities to address intergroup conflict that maintain an Internet website.
Government Functions

Assistive Technology

815 ILCS 333/7
815 ILCS 333/12

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.
Applicability
This is a law of general applicability to all entities or individuals keeping electronic records.
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.
Applicability
This law applies to all school districts.
District Website Content

Budget

105 ILCS 5/17-1.2

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.
Applicability
This law applies to all school districts that maintain a website.
Internet Safety

Bullying Prevention

105 ILCS 5/27-23.7

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.
Applicability
This law applies to all school districts.
District Website Content

Bullying Prevention Policy

105 ILCS 5/27-23.7

Description
All school districts must publish a bullying prevention policy on its website.
Applicability
This law applies to all school districts that maintain a website.
Electronic Textbooks

By-Laws, Regular Meetings of Chicago Board of Education

105 ILCS 5/34-19

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.
Applicability
This law applies to the Chicago Board of Education.
District Website Content

Capital Expenditure Report

105 ILCS 5/34-220

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.
Applicability
This law applies to school districts in cities with a population of over 500,000.
District Website Content

Capital Improvement Plans

105 ILCS 5/34-215

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.
Applicability
This law applies to school districts in cities with a population of over 500,000.
Electronic Devices

Cellular Radio Telecommunication Devices

105 ILCS 5/10-20.28
105 ILCS 5/34-18.14

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.
Applicability
This law applies to all school districts.
Electronic Textbooks

Charter School Financing

105 ILCS 5/27A-11.5

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.
Applicability
This law applies to charter schools.
Funding

Children With Disabilities – Technology Development

20 U.S.C.A. § 1474
20 U.S.C.A. § 1461

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.
Applicability
Eligible entities are: a state educational agency, a local educational agency, a public charter school that is a local educational agency under state law, and an institution of higher education.
Funding

Community Technology Center Grant Program – Eligibility

30 ILCS 780/5-30
14 Ill. Adm. Code 546.130

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.
Applicability
This grant applies to State educational agencies and local educational agencies, provided that a local educational agency or public or private educational agency or organization must provide computer access and educational services using information technology to the public at one or more of its educational buildings or facilities at least 12 hours each week.
Funding

Community Technology Center Grant Program- Authorized Activities

14 Ill. Adm. Code 546.140

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.
Applicability
This grant applies to State educational agencies and local educational agencies, provided that a local educational agency or public or private educational agency or organization must provide computer access and educational services using information technology to the public at one or more of its educational buildings or facilities at least 12 hours each week.
District Website Content, Internet Safety

Comprehensive Personal Health and Safety and Sexual Health Education

105 ILCS 5/27-9.1a

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.
Applicability
This law applies to all school districts, including charter school districts.
Curriculum Requirements

Computer Literacy Skills

105 ILCS 5/10-20.79

Description
All school districts must ensure that students receive developmentally appropriate opportunities to gain computer literacy skills beginning in elementary school.
Applicability
This law applies to all school districts.
Employees

Computer Programs

105 ILCS 5/10-23.10
105 ILCS 5/34-18

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.
Applicability
This law applies to all school districts.
Curriculum Requirements

Computer Science

105 ILCS 5/27-23.15

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.
Applicability
This law applies to all high schools.
Curriculum Requirements

Computer Science Standards and Courses

105 ILCS 5/2-3.185

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.
Applicability
This law applies to the State Board of Education.
Contracts

Contracts

105 ILCS 5/10-20.21

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.
Applicability
This law applies to all school boards.
District Website Content

Contracts

105 ILCS 5/10-20.44

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.
Applicability
This law applies to all school districts that maintain a website.
Curriculum Requirements

Culturally Responsive Teaching and Leading Standards

23 Ill. Admin. Code 24.50

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.
Applicability
This regulation applies to candidates for licensure by the State Board of Education and programs that prepare them.
Criminal Charges

Cyberstalking

720 ILCS 5/12-7.5

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.
Applicability
This law applies to all individuals.
District Website Content

Disciplinary Practices

105 ILCS 5/2-3.162

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.
Applicability
This law applies to the top 20% of specific school districts meeting specific ISBE requirements.
Students

Disposition of Student Records

105 ILCS 10/1 et seq.
50 ILCS 205/7
1983 Op. Atty.Gen. 83-018

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.
Applicability
The law applies to school districts as it pertains to destruction or disposal of student records.
Programs

Dissection Alternatives Act

105 ILCS 112/5 et seq.

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.
Applicability
The law applies to all school districts.
District Website Content

District Report Card

105 ILCS 5/10-17a

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.
Applicability
This law applies to all school districts that maintain a website.
Programs

Driver Education Distance Learning

105 ILCS 5/27-24.2

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.
Applicability
The law applies to all school districts.
District Website Content

Driver’s Education

105 ILCS 5/27-24.2

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.
Applicability
This law applies to all school districts that maintain a website.
E-Learning

E-Learning Days

105 ILCS 5/10-20.56

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.
Applicability
This law applies to all school districts.
Employees

E-Learning Days

105 ILCS 5/110-20.56

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.
Applicability
This law applies to all school districts, including charter schools established under Article 27A of the School Code.
E-Learning

E-Learning Requirements

105 ILCS 5/10-20.56

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.
Applicability
This law applies to all school districts.
E-Learning

E-Learning Requirements

106 ILCS 5/10-20.56

Description
E-learning days may be utilized for remote and blended remote learning days.
Applicability
This law applies to all school districts.
School Buses

Eavesdropping

720 ILCS 5/14-3

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.
Applicability
This exemption applies to any school bus.
Reporting

Educational Technology Capacity and Policies; Report.

105 ILCS 5/10-20.74

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.
Applicability
This law applies to all school districts.
Funding

Effective Use of Technology

20 U.S.C.A. § 7119
20 U.S.C.A. § 7131

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.
Applicability
This grant applies to eligible school districts through local education agencies.
Employees

Electronic and Information Technology Workers – Reporting Child Pornography

325 ILCS 5/4.5

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.
Applicability
This law applies to any person who in the scope, and course of his or her employment or business, installs repairs or otherwise services electronic and information technology equipment for a fee (but does not include persons employed or contracted by telecommunications carriers or commercial mobile radio services).
Contracts

Electronic Bidding

105 ILCS 5/10-20.21

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.
Applicability
This law applies to all school boards.