SB1873 104TH GENERAL ASSEMBLY

LRB104 08426 LNS 18478 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1873

Introduced 2/5/2025, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.28	from Ch. 122, par. 10-20.28
105 ILCS 5/10-20.28a new
105 ILCS 5/34-18.14	from Ch. 122, par. 34-18.14
105 ILCS 5/34-18.14a new

Amends the School Code. Provides that, no later than August 1, 2025, all school boards shall adopt a policy that: (1) prohibits a student from using personal wireless communication devices during instructional time; and (2) prevents student access to social media platforms through the use of Internet access provided by a school district. Allows a school board to prohibit student use of personal wireless communication devices during instructional time through any method it deems appropriate. Requires a school board to create exceptions to the policy for students to use wireless communication devices for certain reasons, and allows a school board to create other exceptions. Requires a school board to impose appropriate discipline or other sanctions against any student who violates these provisions. Requires a school district to post the policy publicly on its website. Allows the State Board of Education to adopt any rules that are necessary for the administration of the provisions. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 10-20.28 and 34-18.14 and by adding Sections 10-20.28a and 34-18.14a as follows:

(105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28)

Sec. 10-20.28. Cellular radio telecommunication devices.

(a) (Blank). The General Assembly finds and declares that the educational development of all persons to the limits of their capacities is a fundamental goal of the people of this State and that to achieve such goal it is essential to provide a safe and secure learning environment within the public schools. While recognizing that cellular radio telecommunication devices may be used for inappropriate activities during school hours and on school property and may, on occasion, cause disruption to the classroom environment, the General Assembly also recognizes that the use of cellular radio telecommunication devices can decrease the response time of officials to emergency situations. In addition, cellular radio telecommunication devices allow parents an additional and timely method of contacting their children should an emergency situation arise. Therefore, it is the purpose and intention of the General Assembly in enacting this legislation to (i) reduce the occurrence of inappropriate and disruptive activities during school hours and on school property occurring through the use of cellular radio telecommunication devices and (ii) increase the safety of students and school personnel during school hours and on school property.

(b) The school board 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.

(Source: P.A. 92-793, eff. 8-9-02.)

(105 ILCS 5/10-20.28a new)

Sec. 10-20.28a. Student use of personal wireless communication devices and social media platforms.

(a) The General Assembly finds and declares that the educational development of all persons to the limits of their capacities is a fundamental goal of the people of this State, that to achieve such goal it is essential to provide a safe, productive, and nurturing learning environment within public schools, and that the unrestricted and unregulated use by students of wireless communication devices and social media platforms on school grounds adversely affects the educational environment, mental health, welfare, and safety of students enrolled in public schools.

It is the purpose and intention of the General Assembly to reduce or eliminate the use of personal wireless communications devices and social media for noneducational and illegal activities on school grounds by restricting and regulating student use or possession of personal wireless communication devices and social media as provided in this Section and by providing for the imposition of appropriate discipline and sanctions for any violation of this Section.

(b) As used in this Section:

"Social media platform" means an online platform, application, or tool that is accessible to the general public and allows people to create, share, and exchange information, messages, and content with others. "Social media platform" includes an application or online website, such as Facebook, X, Snapchat, Instagram, TikTok, or a similar online application or website.

"Wireless communication device" means any portable wireless device that has the capability to provide voice, messaging, or other data communication between 2 or more parties, including a cellular telephone, tablet computer, laptop computer, or gaming device. "Wireless communication device" does not include any device that a school district or teacher has directly lent to, provided for, or required a student to possess and use for education purposes during instructional time.

(c) No later than August 1, 2025, a school board shall adopt a policy that:

(1) prohibits a student from using personal wireless communication devices during instructional time; and

(2) prevents student access to social media platforms through the use of Internet access provided by a school district.

(d) In order to fulfill the requirements of this Section, a school board may prohibit student use of personal wireless communication devices during instructional time through any method it deems appropriate, including, but not limited to:

(1) requiring students to store wireless communication devices in lockers, containers, or specified areas;

(2) requiring students to keep wireless communication devices in a locked pouch or container during instructional time; or

(3) requiring students to store wireless communication devices in designated areas before the start of any class or period of instruction.

(e) A school board shall create exceptions to the policy for students to use wireless communication devices for:

(1) a student's medical condition or physical or mental-health-related needs;

(2) any health, family, or safety emergencies of a student; or

(3) reasons outlined in a student's individualized education program or plan developed under Section 504 of the federal Rehabilitation Act of 1973.

(f) A school board may create exceptions to the policy, including:

(1) for educational purposes that have been outlined and approved by the school board, school district, or school administrator; and

(2) for educational purposes that have been expressly approved by a teacher.

(g) A school board shall impose or delegate to a school appropriate discipline or other sanctions against any student who violates this Section.

(h) A school district shall post the policy publicly on its website.

(i) The State Board of Education may adopt any rules that are necessary for the administration of this Section.

(105 ILCS 5/34-18.14) (from Ch. 122, par. 34-18.14)

Sec. 34-18.14. Cellular radio telecommunication devices.

(a) (Blank). The General Assembly finds and declares that the educational development of all persons to the limits of their capacities is a fundamental goal of the people of this State and that to achieve such goal it is essential to provide a safe and secure learning environment within the public schools. While recognizing that cellular radio telecommunication devices may be used for inappropriate activities during school hours and on school property and may, on occasion, cause disruption to the classroom environment, the General Assembly also recognizes that the use of cellular radio telecommunication devices can decrease the response time of officials to emergency situations. In addition, cellular radio telecommunication devices allow parents an additional and timely method of contacting their children should an emergency situation arise. Therefore, it is the purpose and intention of the General Assembly in enacting this legislation to (i) reduce the occurrence of inappropriate and disruptive activities during school hours and on school property occurring through the use of cellular radio telecommunication devices and (ii) increase the safety of students and school personnel during school hours and on school property.

(b) The board 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.

(Source: P.A. 92-793, eff. 8-9-02.)

(105 ILCS 5/34-18.14a new)

Sec. 34-18.14a. Student use of personal wireless communication devices and social media platforms.

(a) The General Assembly finds and declares that the educational development of all persons to the limits of their capacities is a fundamental goal of the people of this State, that to achieve such goal it is essential to provide a safe, productive, and nurturing learning environment within public schools, and that the unrestricted and unregulated use by students of wireless communication devices and social media platforms on school grounds adversely affects the educational environment, mental health, welfare, and safety of students enrolled in public schools.

It is the purpose and intention of the General Assembly to reduce or eliminate the use of personal wireless communication devices and social media for noneducational and illegal activities on school grounds by restricting and regulating student use or possession of personal wireless communication devices and social media as provided in this Section and by providing for the imposition of appropriate discipline and sanctions for any violation of this Section.

(b) As used in this Section:

"Social media platform" means an online platform, application, or tool that is accessible to the general public and allows people to create, share, and exchange information, messages, and content with others. "Social media platform" includes an application or online website, such as Facebook, X, Snapchat, Instagram, TikTok, or a similar online application or website.

"Wireless communication device" means any portable wireless device that has the capability to provide voice, messaging, or other data communication between 2 or more parties, including a cellular telephone, tablet computer, laptop computer, or gaming device. "Wireless communication device" does not include any device that the school district or a teacher has directly lent to, provided for, or required a student to possess and use for education purposes during instructional time.

(c) No later than August 1, 2025, the board shall adopt a policy that:

(1) prohibits a student from using personal wireless communication devices during instructional time; and

(2) prevents student access to social media platforms through the use of Internet access provided by the school district.

(d) In order to fulfill the requirements of this Section, the board may prohibit student use of personal wireless communication devices during instructional time through any method it deems appropriate, including, but not limited to:

(1) requiring students to store wireless communication devices in lockers, containers, or specified areas;

(2) requiring students to keep wireless communication devices in a locked pouch or container during instructional time; or

(3) requiring students to store wireless communication devices in designated areas before the start of any class or period of instruction.

(e) The board shall create exceptions to the policy for students to use wireless communication devices for:

(1) a student's medical condition or physical or mental-health-related needs;

(2) any health, family, or safety emergencies of a student; or

(3) reasons outlined in a student's individualized education program or plan developed under Section 504 of the federal Rehabilitation Act of 1973.

(f) The board may create exceptions to the policy, including:

(1) for educational purposes that have been outlined and approved by the school board, school district, or school administrator; and

(2) for educational purposes that have been expressly approved by a teacher.

(g) The board shall impose or delegate to a school appropriate discipline or other sanctions against any student who violates this Section.

(h) The school district shall post the policy publicly on its website.

(i) The State Board of Education may adopt any rules that are necessary for the administration of this Section.

Section 99. Effective date. This Act takes effect upon becoming law.