Legal Reference Guide & Database

Summary

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.

Summary

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. 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.

Applicability

All school districts must complete the annual report. Further, based on the school district’s annual report, regional superintendents of schools must publish an annual regional report summarizing district attempts to improve fiscal efficiency through shared services or outsourcing within the educational service region.

Summary

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.

Applicability

This law applies to all school districts.

Summary

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.

Summary

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 or (2) using the cell phone while the bus is parked.

Applicability

This law applies to all persons operating a school bus with a valid school bus driver permit.

Summary

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.

Summary

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.

Applicability

This law applies to all school districts.

Summary

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).

Summary

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.

Summary

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 for cell phones, laptops, and other personal devices 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: 1) The employee was not authorized or required to incur the expense. 2) 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). 3) 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.

Applicability

This law applies to all employers and employees in this State, including employees of school districts. The term “employee” includes any individual permitted to work by an employer in an occupation, but does not include independent contractors.

Summary

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.

Applicability

This law applies to all public employees.

Summary

The competent teacher: Knowledge: understands how to identify individual needs and how to locate and access technology, services, and resources Performance: demonstrates fluency in technology systems and uses technology to support and enhance learning, and utilizes assistive technology to provide access to individuals with disabilities Differentiated Instruction: understands the appropriate role of technology and assistive technology to address student needs Learning environment: uses appropriate technology in a functional learning community, and manages technology to provide active and equitable engagement of students

Applicability

These standards establish the minimum requirements for the approval of any teacher preparation program or course of study in any teaching field. The scope of this resource will only reference standards as it applies to all teachers in connection with technology; note that there are numerous other standards that exist for all teachers, as well as additional standards that may exist for particular teaching fields.

Summary

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.

Applicability

This law applies to all individuals.

Summary

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.

Summary

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.

Applicability

This law applies to all individuals.

Summary

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.

Applicability

This law applies specifically to minors under the Juvenile Court Act when there is a minor involved in the dissemination of visual depictions, and also applies to adults under the Criminal Code.

Summary

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.

Applicability

This law applies to the National Center for Missing and Exploited Children and the Office of Juvenile Justice and Deliquency.

Summary

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.

Applicability

This law applies to all school districts, including charter school districts.

Summary

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. 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, 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.

Applicability

This law applies to all school districts.

Summary

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.

Applicability

This law applies to any school or eligible school library that receives discounted rates pursuant to the “E-rate Program.”