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Illinois Lawmakers Ban Police From Ticketing and Fining Students for Minor Infractions in School
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Illinois legislators on Wednesday passed a law to explicitly prevent police from ticketing and fining students for minor misbehavior at school, ending a practice that harmed students across the state.
The new law would apply to all public schools, including charters. It will require school districts, beginning in the 2027-28 school year, to report to the state how often they involve police in student matters each year and to separate the data by race, gender and disability. The state will be required to make the data public.
The legislation comes three years after a ProPublica and Chicago Tribune investigation, “The Price Kids Pay,” revealed that even though Illinois law bans school officials from fining students directly, districts skirted the law by calling on police to issue citations for violating local ordinances.
“The Price Kids Pay” found that thousands of Illinois students had been ticketed in recent years for adolescent behavior once handled by the principal’s office — things like littering, making loud noises, swearing, fighting or vaping in the bathroom. It also found that Black students were twice as likely to be ticketed at school than their white peers.
From the House floor, Rep. La Shawn Ford, a Democrat from Chicago, thanked the news organizations for exposing the practice and told legislators that the goal of the bill “is to make sure if there is a violation of school code, the school should use their discipline policies” rather than disciplining students through police-issued tickets.
State Sen. Karina Villa, a Democrat from suburban West Chicago and a sponsor of the measure, said in a statement that ticketing students failed to address the reasons for misbehavior. “This bill will once and for all prohibit monetary fines as a form of discipline for Illinois students,” she said.
The legislation also would prevent police from issuing tickets to students for behavior on school transportation or during school-related events or activities.
The Illinois Association of Chiefs of Police opposed the legislation. The group said in a statement that while school-based officers should not be responsible for disciplining students, they should have the option to issue citations for criminal conduct as one of a “variety of resolutions.” The group said it’s concerned that not having the option to issue tickets could lead to students facing arrest and criminal charges instead.
The legislation passed the House 69-44. It passed in the Senate last month 37-17 and now heads to Gov. JB Pritzker, who previously has spoken out against ticketing students at school. A spokesperson said Wednesday night that he “was supportive of this initiative” and plans to review the bill.
The legislation makes clear that police can arrest students for crimes or violence they commit, but that they cannot ticket students for violating local ordinances prohibiting a range of minor infractions.
That distinction was not clear in previous versions of the legislation, which led to concern that schools would not be able to involve police in serious matters — and was a key reason legislation on ticketing foundered in previous legislative sessions. Students also may still be ordered to pay for lost, stolen or damaged property.
“This bill helps create an environment where students can learn from their mistakes without being unnecessarily funneled into the justice system,” said Aimee Galvin, government affairs director with Stand for Children, one of the groups that advocated for banning municipal tickets as school-based discipline.
The news investigation detailed how students were doubly penalized: when they were punished in school, with detention or a suspension, and then when they were ticketed by police for minor misbehavior. The investigation also revealed how, to resolve the tickets, children were thrown into a legal process designed for adults. Illinois law permits fines of up to $750 for municipal ordinance violations; it’s difficult to fight the charges, and students and families can be sent to collections if they don’t pay.
After the investigation was published, some school districts stopped asking police to ticket students. But the practice has continued in many other districts.
The legislation also adds regulations for districts that hire school-based police officers, known as school resource officers. Starting next year, districts with school resource officers must enter into agreements with local police to lay out the roles and responsibilities of officers on campus. The agreements will need to specify that officers are prohibited from issuing citations on school property and that they must be trained in working with students with disabilities. The agreements also must outline a process for data collection and reporting. School personnel also would be prohibited from referring truant students to police to be ticketed as punishment.
Before the new legislation, there had been some piecemeal changes and efforts at reform. A state attorney general investigation into a large suburban Chicago district confirmed that school administrators were exploiting a loophole in state law when they asked police to issue tickets to students. The district denied wrongdoing, but that investigation found the district broke the law and that the practice disproportionately affected Black and Latino students. The state’s top legal authority declared the practice illegal and said it should stop.
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Phone companies keep press surveillance secret
A letter by Sen. Ron Wyden about surveillance of senators’ phone lines has an important lesson for journalists, too: Be careful in selecting your phone carrier.
On May 21, Wyden wrote his Senate colleagues revealing which wireless carriers inform customers about government surveillance requests (Cape, Google Fi, and US Mobile), and which don’t (AT&T, Boost Mobile, Charter/Spectrum, Comcast/Xfinity Mobile, T-Mobile, and Verizon).
A handy chart at the bottom of the senator’s press release provides a quick summary.
Wyden’s letter was inspired in part by a Department of Justice inspector general report that revealed that the DOJ had collected phone records of Senate staff as part of leak investigations under the first Trump administration.
But that report wasn’t just about surveillance of the Senate. It also discussed how the DOJ surveilled journalists at The New York Times, The Washington Post, and CNN in 2020-21 as part of leak investigations related to news reporting about the Trump campaign’s connections with Russia and Russia’s interference in the 2016 election.
Investigators demanded telephone records from phone companies for the work and personal phones of journalists at all three outlets. In all three cases, the telephone companies turned over the records, which would have shown the numbers dialed, the date and time of calls, and their duration — information that could reveal the identities of confidential sources.
The telephone companies apparently didn’t notify the Times, Post, or CNN that their records had been sought, even though they legally could have done so. The DOJ also didn’t give the news outlets notice, taking advantage of internal guidelines that allowed them to delay notice to news media companies about legal demands for communications records from third parties in certain circumstances. (The rules for delayed notice from the DOJ remain in effect in the recently revised DOJ news media guidelines.)
According to the inspector general report, DOJ cover letters to the telephone companies asked them not to disclose the demands because the DOJ claimed it might impede the investigation. But the DOJ never sought a court order prohibiting disclosure. One prosecutor told the IG that nondisclosure orders weren’t obtained for the telephone companies “because the providers typically do not notify subscribers when their records are sought.”
That’s a problem, and it’s exactly what Wyden called out in his recent letter. Journalists can’t oppose surveillance that they don’t know about. Notification is what enables journalists (or any other customer) to fight back against overbroad, unwarranted, or illegal demands for their data. That’s exactly what the Times did when Google notified the newspaper of demands for its journalists’ email records in connection with the same leak investigation in which investigators sought phone records from Times journalists.
The Times’ contract with Google required the company to notify the news outlet of government demands. But even contractual agreements might not be enough to compel phone companies to inform their customers when they’re being spied on. Wyden’s letter reveals that “three major phone carriers — AT&T, Verizon, and T-Mobile — failed to establish systems to notify (Senate) offices about surveillance requests, as required by their Senate contracts.”
In addition, even if large news outlets could negotiate contracts with their phone carriers that require notification of surveillance requests when legally allowed, that wouldn’t help their journalists who speak to sources using personal phones that aren’t covered by their employers’ contracts. Freelance journalists are also unlikely to have the power to negotiate notification into their phone contracts.
Rather than one-off contractual agreements then, it would be better for all phone companies to follow the lead of tech companies, like Google, that have a blanket policy of notifying customers of government demands for their data, assuming they’re not gagged. These policies are now widespread in the tech world, thanks to activism by groups like the Electronic Frontier Foundation, which has long monitored tech companies’ notification policies and encouraged them to do better.
Phone companies must do better, too. It’s a shame that some of the largest wireless carriers can’t be bothered to tell their customers when they’re being surveilled. Journalists — and all of us — who care about privacy have a choice to make when selecting their wireless provider: Do they want to know when they’re being spied on, or are they OK with being left in the dark?