Laws Affecting Technology in Illinois School Districts

Legal Reference Guide & Database

The LTC’s Legal Reference Guide and Database 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 23, 2023.

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Electronic Transmission of Funds

Participation

23 Ill. Adm. Code 155.20
23 Ill. Adm. Code 155.30

Description
Each payment made under a State Board of Education administered program shall be disbursed by the Comptroller to “participants”, i.e., school districts, regional superintendents of schools, other public educational agencies, and nonpublic schools through electronic transfer of funds. To initiate the electronic fund transfer, the participant must provide information to the State Superintendent of Education on an authorization form prescribed by the State Superintendent and approved by the Comptroller.
Applicability
These regulations apply to school districts receiving funds under a program administered by the State Board of Education.
Curriculum Requirements

Patriotism and Principles of Representative Government

105 ILCS 5/27-3

Description
The examination concerning patriotism and principles of representative government may be administered remotely.
Applicability
This law applies to all students graduating from high school.
Privacy

Personal Information Protection Act

815 ILCS 530/1 et seq.

Description
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 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 is 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.
Applicability
This law applies to all school districts.
Employees

Professional Teaching Standards

23 Ill. Adm. Code 24.130

Description
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.0F0F[1]
Website Content

Property

105 ILCS 5/34-220

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

Proposed School Actions; Summary; Report

105 ILCS 5/34-230

Description
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. Lastly, a summary of the public meeting shall be published on the district’s website. 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. This law applies to school districts in cities with a population of over 500,000.
Applicability

105 ILCS 5/34-230

Electronic Textbooks

Purchase by Districts; Resale at Cost

105 ILCS 5/28-8

Description
School districts may purchase textbooks and electronic textbooks (and the technological equipment necessary to gain access to and use electronic textbooks) from the publishers and manufacturers at the prices listed with the retail dealer’s website and sell them to the pupils at the listed prices or at such prices as will include the cost of transportation and handling.
Applicability
This law applies to all school districts.
Electronic Textbooks

Purchase by Districts: Designation of Agent for Sale

105 ILCS 5/28-9

Description
School districts may purchase textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks, from the publishers and manufacturers at the prices listed with the retail dealer’s website and may designate a retail dealer to act as the agent of the district in selling them to pupils. Such dealers shall make settlement with the district for books sold. Such dealers shall not sell textbooks at prices which exceed a 10% advance on the net prices as listed on the retailer dealer’s website.
Applicability
This law applies to all school districts.
Government Functions

RAY BAUM’S Act

47 C.F.R. § 9.16

Description
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.
Applicability
This law applies to all multi-line telephone systems that are manufactured, sold, leased, or installed after February 16, 2020.
Government Functions

Regional Offices of Education and Service Centers

105 ILCS 5/2-3.62
23 Ill. Adm. Code 525.10

Description
A regional network of educational service centers shall be established by the State Board of Education 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.
Applicability
The State Board of Education is required to establish such networks, however, each Regional Office of Education, Immediate Service Center, and Chicago School District 299 shall ensure such services are provided.
Employees

Reimbursement of Expenses

820 ILCS 115/9.5

Description
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.
Declared Disaster Related to Public Health Concerns

Remote and Blended Remote Learning

105 ILCS 5/10-30
105 ILCS 5/34-18.66
105 ILCS 5/10-19

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 State Superintendent of Education may declare a requirement to use remote learning days or blended remote learning days. During remote learning days, schools shall conduct instruction remotely. During blended remote learning days, schools may utilize hybrid models of in-person and remote instruction. A remote or blended remote learning day may be met through the district’s implementation of an e-learning program. Remote learning days, blended remote learning days, and up to five remote and blended remote learning planning days shall be deemed pupil attendance days for calculation of the length of a school term.
Applicability
This law applies to all school districts required to provide remote or blended remote learning by the State Superintendent of Education.
Website Content

Remote and Blended Remote Learning

105 ILCS 5/10-30
105 ILCS 5/34-18.66

Description
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.
Applicability
This law applies to all school districts during any period where remote or blended remote learning days are required following the declaration of a disaster due to a public health emergency.
Programs

Remote Educational Program

105 ILCS 5/10-29
23 Ill. Adm. Code 226.360

Description
School districts may place students into a remote educational program pursuant to an adopted school board policy. A student may participate only after the school district 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 is consistent with those given to students at the same level in the school 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.”
Applicability
This law applies to all school districts.
Employees

Removal and Dismissal of Teachers in Contractual Continued Service

105 ILCS 5/24-12

Description
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.
Declared Disaster Related to Public Health Concerns

Removal for Cause; Notice and Hearing; Suspension

105 ILCS 5/34-85

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 the Governor has declared a disaster due to a public health emergency, the requirements concerning prehearings and hearings are paused and do not begin to toll until the disaster proclamation is no longer in effect. If mutually agreed to in writing, the parties may proceed with the prehearing and hearing requirements remotely.
Applicability
This law applies to all school districts.
Funding

Renewable Energy Grants

20 ILCS 687/6-5.5

Description
Makes grants available for public schools to assist with feasibility studies in training green economy technology, and in the installation of renewable systems, including wind energy systems, smart grid technology, etc.
Applicability
Public schools and community colleges are eligible to receive grants from the Illinois Environmental Protection Agency.
Curriculum Requirements

Required High School Courses

105 ILCS 5/27-22

Description
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.)
Applicability
This law applies to all students entering 9th grade in the 2022-2023 and 2023-2024 school years, except students with disabilities whose course of study is determined by an IEP.
Privacy

Right to Privacy in School Setting; Notification

105 ILCS 75/15

Description
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.
Applicability
This law applies to a public elementary or secondary school or school district or a nonpublic school recognized by the State Board of Education.
Privacy

Right to Privacy in the Work Place

820 ILCS 55/10

Description
Employers are prohibited from requiring employee disclosure of social-media passwords, and are also prohibited from demanding access to social media accounts. 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).
Applicability
This law applies to all school districts.
Safety Drill Act

Safety Drill Act

105 ILCS 128/25

Description
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, 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.
Applicability
This law applies to all school districts.
Website Content

Schedule & Agenda

5 ILCS 120/2.02

Description
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.
Applicability
This law applies to all school districts with a website maintained by full-time staff.
Website Content

School Board Members – Contact

50 ILCS 205/20

Description
School districts must include a mechanism (such as an email address) on its Internet website for members of the public to electronically communicate with school board members.
Applicability
This law applies to a school district that serves a population of less than 1,000,000 and that maintains an Internet website.
Website Content

School Board Members – Training

105 ILCS 5/10-16a

Description
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 leadership training.
Applicability
This law applies to all school districts having a population of not fewer than 1,000 and not more than 500,000 inhabitants.
School Buses

School Bus Driver Communication Devices

625 ILCS 5/12-813.1

Description
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.
Electronic Textbooks

School Safety and Educational Improvement Block Grant Program

105 ILCS 5/2-3.51.5

Description
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.
Applicability
This law applies to all school districts and state-recognized, non-public schools.
Website Content

School Support Personnel Reporting

105 ILCS 5/10-20.80
105 ILCS 5/34-18.74

Description
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.
Applicability
This law applies to all school districts with a website.
Website Content

Severance Agreements

50 ILCS 205/3c

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

Sexual Misconduct in Schools (Faith’s Law)

105 ILCS 5/22-85.5

Description
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.
Applicability
This law applies to all school districts, charter schools, and nonpublic schools.
Website Content

Shared Service Reporting

105 ILCS 5/17-1.1

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

Shared Service Reporting

105 ILCS 5/17-1.1

Description
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.
Curriculum Requirements

State, School District, and School Report Cards

105 ILCS 5/2-3.185

Description
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.”
Applicability
This law applies to all school districts and the State Superintendent of Education.
Funding

STEAM Grant Program

105 ILCS 5/2-3.119a
20 ILCS 1605/21.12

Description
The State Board of Education administers the School STEAM Grant Program to make science, technology, engineering, art, and math programming available to low-income students in disadvantaged neighborhoods.
Applicability
Public schools, charter schools, area vocational centers, and laboratory schools where a percentage of students classified as low income exceeds the state average are eligible to receive grants.
Students

Student Biometric Information

105 ILCS 5/10-20.40
105 ILCS 5/34-18.34

Description
School districts that collect biometric information from students shall adopt policies that require, at a minimum, all of the following: (i) 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. (ii) 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. (iii) Destruction of a student’s biometric information within 30 days after the use of the biometric information is discontinued. (iv) The use of biometric information solely for identification or fraud prevention. (v) Prohibition on the sale, lease, or disclosure of biometric information (unless there is consent or disclosure required by court order). (vi) 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.
Applicability
This law applies to all school districts.
Website Content

Student Identification; Suicide Prevention

105 ILCS 5/10-20.76
105 ILCS 5/34-18.67

Description
Each school must provide contact information for the National Suicide Prevention Lifeline and for the Crisis Text Line on the back of each student identification card. If the school district does not issue student identification cards to all students, it must publish this information on its website.
Applicability
This law applies to all school districts.
Website Content

Student Online Personal Protection Act

105 ILCS 85/27

Description
Effective July 1, 2021, each school shall post and maintain on its website, or make available for inspection the following information: (i) 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; (ii) a list of operators that the school has written agreements with, a copy of each written agreement, and a business address for each operator; (iii) 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; (iv) a written description of procedures a parent may use to exercise rights granted by the Act; (v) a list of any breaches of covered information that includes: (1) the number of students involved (unless disclosure violates Personal Information Protection Act); (2) the date or estimated date range of the breach; and (3) if an operator breach, the name of the operator. Schools must update items (i)(iii)(iv)and (v) no later than 30 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.
Applicability
This law applies to all school districts other than nonpublic schools that maintain a website.
Privacy

Student Online Personal Protection Act

105 ILCS 85/5

Description
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: (i) implement and maintain reasonable security measures to protect covered information from unauthorized access; (ii) 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); (iii) publicly disclose material information about its collection, use, and disclosure of covered information (e.g., terms of service agreement, privacy policy, or similar document); (iv) 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; (v) in case of a breach, expedient notification to the school; and (vi) excepting nonpublic schools, providing to the school a list of third parties to whom the operator is disclosing or has disclosed covered information.
Applicability
This law applies to “operators”, which is defined as: To the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K through 12 school purposes, and was designed and marketed for K through 12 school purposes.
Privacy

Student Online Personal Protection Act , Use of Covered Information

105 ILCS 85/26

Description
No school district may sell, rent, lease or trade any covered information. (i) 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, unlessi) it is for the protection and safety of others, or the security or integrity of the operator’s service; (ii) required by court order or State or federal law; or (iii) to ensure legal or regulatory compliance.
Applicability
The provision prohibiting the sale, rent, lease, or trade of information applies to all school districts. However, the provision regarding the prohibition on sharing or providing access to the information applies only to schools other than nonpublic schools.