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.

Download 2024 Legal Reference Guide Website Checklist

Privacy

Student Online Personal Protection Act , Written Agreements

105 ILCS 85/27(b)

Description
Each school must adopt a policy designating which school employees are authorized to enter into written agreements with operators.
Applicability
This law applies to all school districts other than nonpublic schools.
Privacy

Student Online Personal Protection Act, Breach

105 ILCS 85/27(d)

Description
In the event of a breach, the school shall notify the parent of any student whose covered information was involved in the breach within 30 days after receipt of notice of the breach by the operator, or determination that a breach has occurred, and include the following information: (i) date, estimated date or date range of the breach; (ii) description of the compromised covered information; (iii) information the parent may use to contact the operator and the school to inquire about the breach; (iv) toll-free numbers, addresses, and websites for consumer reporting agencies; (v) toll-free number, address, and website for Federal Trade Commission; and (vi) A statement that the parent may obtain information from the Federal Trade Commission and consumer reporting agencies about fraud alerts and security freezes.
Applicability
This law applies to all school districts other than nonpublic schools.
Privacy

Student Online Personal Protection Act, Written Agreement

105 ILCS 85/15(4)

Description
The written agreement required by the Student Online Personal Protection Act between school districts and operators can be in electronic form and signed with a digital signature or a “click wrap” agreement and must contain: (i) the type of covered information; (ii) statement of the product or service; (iii) specific language prescribed by statute regarding the authorized use of the covered information; (iv) how costs incurred by the school will be allocated in the event of a breach; (v) statement that the operator must delete or transfer to the school all covered information if the information is no longer needed for the purposes of the written agreement, and specifications for the time period in which the information must be deleted or transferred; and (vi) statement that the school must publish the written agreement on the school’s website, or available for inspection if no website is maintained.
Applicability
This law applies to “operators”, but does not apply to nonpublic schools. “Operator” means: 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.
Website Content

Suicide Prevention Policy

105 ILCS 5/2-3.166

Description
Each school board shall review and update its suicide awareness and prevention policy, and post such policy on the school district’s publicly accessible Internet website.
Applicability
This law applies to all school districts that maintain a website.
Students

Suspension or Expulsion

105 ILCS 5/10-22.6(a)
105 ILCS 5/10-22.6(d-5)

Description
School boards have the power to expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means. The board may suspend or authorize the superintendent, principal, assistant principal, or dean to suspend a student for not longer than 10 days, or expel a student for a period of time not to exceed 2 years, if: (i) the student has been determined to have made an explicit threat on the Internet website against an employee, personnel, or student; (ii) the Internet website was accessible within the school, or available to third parties who worked or studied on school grounds, at the time the threat was made; and (iii) the threat could reasonably be interpreted as threatening to the safety and security of the individual because of his or her employment status or status as a student.
Applicability
This law applies to all school districts.
Students

Suspension or Expulsion, Cities over 500,000 inhabitants

105 ILCS 5/34-19

Description
The Board of Education has the power to expel, suspend, or subject to the limitations of all policies established or adopted in accordance with the provisions of the School Code, or otherwise discipline any pupil found guilty of gross disobedience, misconduct, or other violation of the by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means.
Applicability
This law applies to the Board of Education in cities with a population of over 500,000 inhabitations.
Funding

Technology Development Fund

30 ILCS 265/20

Description
A special fund created as a non-appropriated trust fund within the State treasury that provides that excess moneys in the fund may be provided as grants to Illinois schools to purchase computers and upgrade technology, provide grants to support career and technical education on incubators, accelerators, innovation research, technology transfer, and programs that provide training, support, and resources to technology businesses that promote job growth and venture capital environments in underserved communities.
Applicability
This law applies to all school districts.
Funding

Technology Revolving Fund Program

105 ILCS 5/2-3.117a
23 Ill. Adm. Code 575.200
30 ILCS 105/6z-45

Description
The State Board of Education administers a School Technology Revolving Loan Program for the purpose of making technology hardware improvements affordable and integrating technology in the classroom. Loans are available for the purpose of making technology hardware investments for students and staff of eligible applicants, such as: expenditures for the establishment of local and wide area networks; network hardware; supplies and cost of labor for electrical work; hardware necessary for staff development and classroom instruction; staff development related to the integration of technology; and other technology hardware investments directly relating to technology.
Applicability
Eligible applicants are: public school districts, charter schools, area vocational centers, laboratory schools, and State-recognized, non-public schools
Electronic Textbooks

Textbooks Loaned to Pupils

105 ILCS 5/28-15

Description
The governing body of each school district voting in favor of furnishing free textbooks or electronic textbooks shall provide, at the expense of the district, textbooks or electronic textbooks for use in public schools and lend them free to the pupils; such furnished textbooks shall remain the property of the school district. The governing body shall also provide for the sale of such textbooks or electronic textbooks at cost to those pupils wishing to purchase them.
Applicability
This law applies to school districts.
Website Content

Waiver of School Code Mandates

105 ILCS 5/2-3.25g

Description
Applicants may petition the State Board of Education for the waiver or modification of provisions within the School Code, or of the administrative rules and regulations established by the State Board of Education. If the applicant is a school district, the district shall post information that sets forth the time, date, place, and subject matter of the public hearing on its website at least 14 days prior to the hearing.
Applicability
This law applies to all school districts that maintain a website.
Website Content

Website Accessibility Guidelines

105 ILCS 5/10-20.75
105 ILCS 5/34-18.72
42 U.S.C. § 12132
29. U.S.C. § 794

Description
Effective August 1, 2022, school districts must require that any third party online curriculum that is made available to enrolled students or the public by a school district through the Internet complies with Level AA of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines. The Americans with Disabilities Act of 1990 prohibits discrimination based on disability with regard to public services, programs and activities. This has been consistently interpreted to require that public entities make their websites accessible by individuals with disabilities.
Applicability
This law applies to all school districts. The Americans with Disabilities Act of 1990 applies to all public entities.