MODEL BILLS

Cellphone Free Schools Act

Summary: The Cellphone Free Schools Act prohibits students from using electronic communication devices in schools, with some exceptions.

Based on Minnesota Attorney General Model F

SECTION 1. SHORT TITLE

This Act shall be called the “Cellphone Free Schools Act.”

SECTION 2. FINDINGS

The legislature finds that:

1. Virtually all teens (95%) ages 13 to 17 use social media, and more than 1 in 3 report that they use it “almost constantly.” Even though most social media platforms set 13 as the minimum age requirement, nearly 40% of kids ages 8 to 12 use social media.

2. Studies have shown that higher use among children and adolescents is linked to adverse effects: depression and anxiety; inadequate sleep (which can disrupt neurological development and lead to depression and suicidal behaviors); low self-esteem; poor body image; eating disorder behaviors; and online harassment. It’s often the most vulnerable youth who are most affected by these adverse effects, increasing disparities.

3. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness documents staggering increases since 2010 in clinical diagnoses of anxiety (134%); depression (106%); anorexia (100%); and substance abuse and addiction (33%) among children.

4. The U.S. Surgeon General has emphasized the link between social media and mental health harms to adolescents. He called for warning labels on social media to address “the defining public health challenge of our time,” and stated that “the risk of not acting could be someone’s life.”

5. There is growing evidence that unrestricted use of personal electronic devices and access to social media by students at elementary, middle, and secondary schools interferes with the educational and social development mission of schools, lowers student performance (particularly among low-achieving students), promotes cyberbullying, contributes to higher rates of academic dishonesty (i.e., plagiarism and cheating).

6. School should be a safe environment for all students, where social development, learning, and the ability to focus are nurtured and prioritized. It is in the public interest to ensure a physically, emotionally, and psychologically safe school environment for every child in [State], one where students can learn, make friends, optimize their future potential, and otherwise thrive.

SECTION 3. CELLPHONE FREE SCHOOLS

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

1. “Instructional Time” means the time from when the first bell rings at the start of school day until the dismissal bell rings at the end of the school day, including but not limited to any structured or unstructured learning experiences like recess, lunch periods, time in between classes, and field trips.

2. “Parent” means a parent or guardian of a student who is authorized to make education decisions for the student.

3. “Personal Electronic Communication Device” means any portable electronic equipment capable of providing voice, messaging, or other data communication between two or more parties or devices, or capable of connecting to a smartphone, the Internet, or a cellular or Wi-Fi network, including but not limited to smartphones, cellular phones, bluetooth enabled devices, tablets, smartwatches or other wearables, and gaming devices. Personal electronic communication devices do not include: school-owned devices provided to the student in accordance with the limitations placed herein, and portable devices which meet the definition of a medical device under Section 201(h) of the Food, Drug & Cosmetic Act.

4. “School” means any public school, education center, charter school, or training program, providing prekindergarten, elementary, or secondary education.

5. “School-related activity” means any school sanctioned activity, event, or function, occurring outside of instructional time, where students are under supervision of the school, whether on or off school premises. School-related activities may include bus rides, field trips, sporting events, and school dances.

6. “Student” means an individual currently enrolled or registered at a school.

(B) PROHIBITIONS

1. Each school district or applicable governing body shall adopt and implement a policy for schools that:

(a) Ensures that students do not have access to personal electronic communication devices during instructional time, by requiring them to be locked or stowed away in secure lockable pouches, phone lockers, or another inaccessible location;

(b) Provides that schools may limit student access to personal electronic communication devices outside of instructional time, during school-related activities;

(d) Provides that a student may contact their parent or caregiver during the school day if needed by using a school telephone made available to the student in a manner and location designated by the school.

2. Notwithstanding section (B)(1), a student shall not be prohibited from possessing or using a personal electronic communication device:

(a) When a licensed physician determines that the possession or use of a personal electronic communication device is necessary for the health or well-being of the student; or

(b) When the possession or use of a personal electronic communication device is required by a student’s Individual Education Plan (IEP), or Section 504 Accommodations Plan.

3. School districts shall collect data annually to measure the impact of its policy on student behavior, mental health, disciplinary incidents, school attendance, and academic performance.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 20XX.