Under Senate Bill 2427, (awaiting action by Governor Pritzker) schools must adopt and implement a “wireless communication device policy” by the start of the 2027-2028 school year. At a minimum, the policy must prohibit students from using covered devices during “school time” which includes the regular school day from arrival through dismissal, including class, lunch, recess, and passing periods.
Coverage/ISBE Model Policy
The bill applies broadly to cell phones, tablets, laptops, gaming devices, and wearable devices like smart watches or smart glasses. However, the bill does not apply to school-issued devices or those required by the school for educational purposes. ISBE is required to provide a model cell phone policy by September 1, 2026. The legislation does not, however, mandate District adoption of ISBE’s model policy.
The policy must also include “guidance” for device storage during the school day. In situations where schools require parents or guardians to pick up devices after violations, the policy must provide for an alternative when the parent or guardian cannot retrieve the device in person.
Exceptions
There are several exceptions in the wireless device ban. Notably, outside of the educational purposes mentioned previously, a student may use a device when needed for health care, an IEP, a Section 504 plan, medical orders, another written accommodation plan, English learner access to learning materials, and (on a case-by-case basis) student caregiver responsibilities.
Enforcement
The bill places material restrictions on a school’s ability to enforce the policy. A district may not enforce the policy through fees, fines, suspensions, expulsions, or use of a school resource officer or local law enforcement officer except in cases of gross disobedience or misconduct. The bill also prohibits out-of-school suspensions or expulsions solely based on the use of a wireless communication device in violation of the policy, except in cases gross disobedience or misconduct.
Good Faith Immunity
Interestingly, the legislation grants immunity to school personnel in the event a device is damaged. The immunity applies so long as the device was stored “in good faith” and in accordance with Policy.
Policy Development
Local districts must develop their policy with input from the teacher’s union, administration and parents/guardians. Student input is encouraged but not mandated. As with several other District policies (e.g. student discipline, bullying) the Policy is subject to review at least three years. The district may conduct this mandated review though the PTAC (parent teacher advisory committee).
The new legislation raises a host of student, special education and labor issues. Contact any of our Student/Special Education or Labor/Personnel attorneys with your inquiries. We will extensively discuss the impact of the law at our rapidly approaching Regional Conferences so register now!
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