Governor Pritzker Signs New Law Banning Wireless Communication Devices in Schools

This week, Governor Pritzker passed Public Act 104-0657, which requires school boards and charter schools to adopt and implement a wireless communication device policy by the beginning of the 2027-28 school year. The policy must, at a minimum, prohibit student use of wireless communication devices, including cell phones, tablets, laptops, and smart watches, during the regular school day (arrival until dismissal, including class time, recess, lunch, and passing periods). School districts and charter schools may, however, allow high school students to use wireless communication devices during lunch and passing periods, if such allowance is set forth in the policy. School districts and charter schools may also allow exceptions to the wireless communication device ban (1) if school personnel authorize the student to use the device for educational purposes; and/or (2) in the event of an emergency, as detailed in the school district’s or charter school’s emergency and crisis response plan(s), protocol(s), or procedure(s). The new law does not prohibit the use of wireless communication devices during before-school or after-school activities or during a student’s participation in an off-campus learning opportunity.

Public Act 104-0657 further provides that the required wireless communication device policy may not prohibit student use of wireless communication devices during school time in the following circumstances:

• If a licensed physician, physician assistant, or nurse practitioner determines the device is necessary for management of the student’s health care needs and the device is used in accordance with the medical provider’s directions.
• To implement an Individualized Education Program (“IEP”), a Section 504 Plan, medical orders issued by a health care provider, or another written accommodation plan.
• If school personnel determine a device is necessary for a student who is an English learner to access instructional materials.
• When, on a case-by-case basis, school personnel determine that a device is necessary for a student who routinely serves as a caregiver responsible for the care and well-being of a family member.
• As required by State or federal law.

In addition to establishing restrictions on device use, each policy must incorporate guidance on how students can store wireless communication devices during school time and emphasize the importance of consistent enforcement across schools in a trauma-informed and developmentally appropriate manner. The Public Act also prohibits the enforcement of the wireless communication device policy through fees, fines, suspensions, expulsions, or deployment of the school’s SRO or local law enforcement, unless the device is used to engage in other gross disobedience or misconduct. If the disciplinary response includes requiring a parent or guardian to retrieve a confiscated device, the policy must provide an alternative process for situations in which the parent or guardian is unable to appear in person.

The wireless communication device policy must be published in the student handbook and on the school district’s or charter school’s website. The policy must be distributed annually to parents and guardians as well as to school personnel, including newly hired employees and substitute teachers. In developing the policy, school boards are required to solicit input from teachers’ union representatives, administrators, and parents or guardians. While not required, student participation in the policy development process is also encouraged. Finally, school boards and charter schools must review the wireless communication device policy at least once every three years.

As school districts and charter schools begin to grapple with these new requirements, we offer the following tips:

• Begin policy development early to allow sufficient time for stakeholder input, Board approval (if applicable), and implementation planning before the 2027-28 school year begins.
• Review existing student code of conduct policies and acceptable use policies to confirm they align with the law’s new requirements and disciplinary limitations.
• Establish clear device storage, confiscation, and return procedures to promote consistency in implementation across schools and minimize enforcement disputes.
• Develop a process for identifying and documenting students who qualify for statutory exceptions, including medical, accommodation-related, and caregiver exceptions.
• Notify administrators, teachers, and staff of the policy and consider training on its implementation.
• Communicate the policy to students and families to encourage understanding and compliance.
• If relevant, consider whether to permit high school student use during lunch and passing periods and evaluate the operational implications of that decision.
• Coordinate the policy with emergency response procedures so that staff and students clearly understand when device use may be permitted during an emergency.

If you have any questions regarding Public Act 104-0657, please contact a Franczek attorney.