Requires school districts to adopt a policy prohibiting the use of cellular telephones during classroom instruction; requires the department of education to adopt a model policy for use by school districts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A770
SPONSOR: Epstein TITLE OF BILL:
An act to amend the education law, in relation to requiring school
districts to adopt a policy prohibiting the use of cellular telephones
during classroom instruction
SUMMARY OF PROVISIONS:
Section 1 amends the education law by adding a new section 2801-c
directing the education department to create a model policy that may be
utilized by school districts in their adoption of cell phone bans
Section 2 provides the effective date
JUSTIFICATION:
The proliferation of smartphones has posed major challenges to elementa-
ry and secondary schooling. Learning loss that coincided with the
pandemic has been compounded by distractions posed by smartphones,
particularly social media use. In 2023, the US Surgeon General issued an
advisory about the effects of social media on youth mental health and
included recommendations to pursue policies that limit social media use.
States and schools across the country are increasingly taking action to
limit cell phone use in schools. There is growing consensus among
government officials, pediatricians, mental health professionals, and
educators that cell phone use in schools is detrimental to students'
performance. In some schools that have banned cell phones, administra-
tors are quickly noticing improvements in students' work and classroom
participation.
Recognizing that no one policy may be suitable for all the school
districts throughout the state, this legislation takes a balanced
approach and removes the onus from individual districts to create
original policies limiting cell phone use in schools.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Unknown
EFFECTIVE DATE:
Immediate
STATE OF NEW YORK
________________________________________________________________________
770
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to requiring school
districts to adopt a policy prohibiting the use of cellular telephones
during classroom instruction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 2801-c
2 to read as follows:
3 § 2801-c. Cellular telephone policy. 1. The department shall, no later
4 than December thirty-first, two thousand twenty-five, create and
5 publish, and update every five years, a model policy that school
6 districts may utilize in their adoption of a policy to prohibit the use
7 of cellular telephones by students during classroom instruction. The
8 development of the model policy shall involve significant stakeholder
9 participation including students, parents, and educators in the state.
10 The model policy may also include enforcement mechanisms that limit
11 access to cellular telephones. Such model policy shall provide
12 exceptions to the prohibition of cellular telephones, including but not
13 limited to:
14 a. in the case of an emergency, or in response to a perceived threat
15 of danger;
16 b. when a teacher or administrator of the school district grants
17 permission to a student to possess or use a cellular telephone, subject
18 to any reasonable limitation imposed by that teacher or administrator;
19 c. when a licensed physician determines that the possession or use of
20 a cellular telephone is necessary for the health or well-being of the
21 student; and
22 d. when the possession or use of a cellular telephone is required in a
23 student's individualized education program.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00655-01-5
A. 770 2
1 2. No later than July first, two thousand twenty-six, the board of
2 education or the trustees, as defined in section two of this chapter, of
3 every school district within the state, however created, and the chan-
4 cellor of the city school district of the city of New York shall adopt,
5 and update every five years, a district policy prohibiting the use of
6 cellular telephones by students during classroom instruction. Such
7 district policy shall be an adoption or modification of the model policy
8 developed by the department pursuant to subdivision one of this section.
9 § 2. This act shall take effect immediately.
