On July 28, 2026, Governor Pritzker signed Public Act 104-0657, which bans wireless communication devices in public schools. The legislation requires school districts to implement a policy that bans the use of wireless communication devices during school time by the 2027-2028 school year.

What is a Wireless Communication Device?

Although the legislation is colloquially called the “cell phone ban,” it is much broader than that. The definition of “wireless communication device” covers “any portable wireless device that has the capability to provide voice, messaging, or other data communication between two or more parties, including, but not limited to: (1) cellular telephones; (2) tablet computers; (3) laptop computers; (4) gaming devices; and (5) wearable devices” like smart watches or smart glasses.

However, wireless communication devices do not include devices that are issued, provided, or required by the school district or teacher. The statute also carves out exceptions for medically required devices, devices used for special education purposes, devices used by English learners, or limited exceptions for student caregivers. Districts should consider carefully when adding these exceptions to their policy.

What is School Time?

School time is limited to the student attendance time between the designated arrival time and the designated dismissal time, including instructional time, recess, lunch, and passing periods. It does not include time before-school or after-school activities or at an off-campus learning opportunity. The District may make some limited exceptions for high school lunch and passing periods, and in the case of emergencies. If a District wants to implement such exceptions, they should carefully consider the impact on the students.

Enforcement

The law significantly limits the manner in which the school district can enforce this ban. The District cannot enforce it with fees, fines, suspensions, expulsion, or deployment of a school resource officer. This is in line with the recent trends in school law away from significant monetary or discipline responses to new policies. Unfortunately, the statute does not provide suggestions on how this should be enforced, so the District may need to get creative in enforcement.

Policy Creation

In creating the policy, the District is required to get input from the teacher’s union, administrators, and parents or guardians. It also strongly suggests getting student input on the policy development. This policy should also be reviewed at least every three years, soliciting input from the stakeholder groups again.

However, the District does not have to create a new policy if it has an existing policy that limits the use of wireless communication devices for the majority of or all of the school day. If this is the case, the District’s existing policy can remain in effect through the 2030-2031 school year, at which time the District must adopt a policy that is compliant with statute.

The policy must be posted on the District’s website and provided annually to parents, guardians, and school personnel. ISBE should be providing a model policy by September 1, 2026, but given the input from stakeholder groups required, each District’s policy may look a little different.

What Happens to Damaged Devices?

Liability for damage is always a major concern with school personnel taking possession of student electronic devices. However, the statute provides some protections for the Board, as long as the District acts in good faith in collecting the devices.

If you have any questions or concerns about the requirements under this wireless communication device ban, or any other school-related questions, please contact Tressler attorney Katie Ngo at kngo@tresslerllp.com.

About the Author

Katie is senior counsel in Tressler’s Local Government Practice Group. She concentrates her practice in all aspects of school law. She works directly with superintendents and administrators to ensure compliance with the Illinois School Code, the Individuals with Disabilities in Education Act (IDEA), the Open Meetings Act (OMA), the Illinois Freedom of Information Act (FOIA), and various other state and federal laws and regulations. Click here to read Katie’s full attorney bio.