Legal Reference Guide & Database

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; and (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.

Description

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).

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

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.

Description

The data, information, and analysis that informs the educational facility master plan must be published on the district’s website. This law applies to school districts in cities with a population of over 500,000.

Description

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

Description

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.

Description

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.

Description

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.

Description

Free 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.

Description

School districts may use funding received to purchase textbooks or instructional materials in either hard-bound format, or electronic format and the technological equipment necessary to gain access to the materials, if: (i) It can ensure that each pupil will be provided with a copy of the materials to use at school and home; and (ii) It will assist the student in understanding the material.

Description

Provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force to investigate and provide a report on generative artificial intelligence software and natural language processing software. Provides that the Task Force shall hold at least 5 meetings, with one held in Chicago, Springfield, the Metro East region, the Quad Cities region, and Southern Illinois. Responsibilities of the Task Force include (1) recommending legislation or regulations to protect consumer information as it relates to generative AI; (2) recommending model policies for schools to address the use of generative AI by students in the classroom; (3) assessing the use of generative AI to improve delivery of public services; (4) protecting civil rights and civil liberties of individuals and consumers as it relates to generative AI; (5) assessing the impact of generative AI on the workforce; and (6) assessing challenges of generative AI for cybersecurity. The Task Force is to file a report by December 31, 2024 with the Governor and General Assembly covering the Task Force’s investigation and responsibilities.

Description

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.

Description

A person commits a hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, disability, 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.

Description

The State Board of Education and Department of Human Services established a 3-year heroin and opioid drug prevention pilot program that offers educational materials regarding heroin and opioid abuse to all school districts. School districts may be reimbursed (subject to appropriation) by the Department of Human Services for any costs it incurs in connection with participation in the program. The program must use interactive teaching methods and technology to help students, parents and school staff understand the risks of drug use.

Description

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

Description

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. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. Also requires that the Council shall issue a report on its findings, recommendations, options for expansion, and any recommended legislation to the General Assembly by January 1, 2024.

Description

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.

Description

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.

Description

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, and attendance records. 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 contained in the student permanent record. 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 discretion or by an employee of a school, regardless of how or where the information is stored. 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.

Description

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.

Description

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.

Description

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: (i) Test the cellular radio telecommunication device or two-way radio and ensure it is functioning properly before the bus is operated; and (ii) 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.

Description

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 and reporting online solicitation; recognizing and avoiding unsolicited and deceptive communications online; and recognizing and reporting online harassment and cyber-bullying.

Description

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.

Description

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.

Description

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.

Description

The following provisions only apply in the event that the Governor, Department of Public Health, or Center for Disease Control and Prevention has issued a disaster declaration due to public health concerns pursuant to Sections 4 or 7 of the Illinois Emergency Management Agency Act or has imposed limits on the size of in-person meetings. The annual organizational meeting of a local school council can be held via video conference or teleconference if guidance from the Department of Public Health or Center for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting.

Description

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.

Description

Makes grants available to eligible school districts to expand learning opportunities to ensure every student meets the Illinois Learning Standards related to science, including standards related to inquiry and design, concepts and principles of science, and science, technology, and society; and to supply classrooms with materials and equipment related to the teaching and learning of mathematics and science.

Description

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.

Description

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.

Description

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

Description

The following provisions only apply in the event that the Governor, Department of Public Health, or Center for Disease Control and Prevention has issued a disaster declaration due to public health concerns pursuant to Sections 4 or 7 of the Illinois Emergency Management Agency Act or has imposed limits on the size of in-person meetings. If all or part of the jurisdiction of a public body is covered by the disaster area and the head of the body determines that an in-person meeting is not practical or prudent, the meeting may be conducted by audio or video conference, exempting the requirement of a quorum of physically present members. This amendment requires that all members of the body can hear one another and all discussion and testimony; members of the public can either hear all discussion, testimony, and votes at either the regular meeting place or contemporaneous telephone number or web-based link; at least one member of the body, legal counsel, or officer is physically at the regular meeting place unless unfeasible; all votes are called by roll; other than in a bona fide emergency, 48 hours’ notice is given on the website and provided to news media; and a verbatim record of the meeting is kept in the form of audio or video recording.

Description

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

Description

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.