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S00140 Summary:

BILL NOS00140
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Add §2801-c, Ed L
 
Prohibits students from accessing their wireless communications devices on school property, unless authorized for classroom use; prohibits students from accessing social media platforms through the use of internet access provided by the school district, except when expressly directed to for class instruction.
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S00140 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           140
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, in relation to restricting the use of
          wireless communication devices by students on school property

          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.    Wireless  communication  device  use  restricted. 1. For
     4  purposes of this section:
     5    (a) "Wireless communication device" or  "device"  means  any  portable
     6  wireless  device that has the capability to provide voice, messaging, or
     7  other data communication between two or more parties, including but  not
     8  limited  to a (i) cellular phone, (ii) computer, (iii) gaming device, or
     9  (iv) smart watch. "Device" does not include any technology  provided  by
    10  the school district for purposes of class instruction.
    11    (b)  "School  day"  shall  mean every instructional day as required by
    12  subdivision seven of section thirty-six hundred four of this chapter.
    13    (c) "Access" means the viewing, holding, wearing, or otherwise use  of
    14  a  device  for the purpose of communication, internet access, gaming, or
    15  any other function commonly associated with devices.
    16    2. During the school day, students are prohibited from accessing their
    17  device on school property, unless authorized for classroom use.  Devices
    18  shall be powered off and stored in a manner prescribed  by  the  depart-
    19  ment,  including  but  not  limited  to storage in a student's locker or
    20  specified phone pouches.
    21    3. If a student violates this section, the student will be subject  to
    22  progressive  consequences  as prescribed by section twenty-eight hundred
    23  one of this article and any applicable local student code of conduct.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00752-01-5

        S. 140                              2
 
     1    4. Students are  prohibited  from  accessing  social  media  platforms
     2  through  the  use  of  internet  access provided by the school district,
     3  except when expressly directed to for class instruction.
     4    5.  Nothing  in  this  section  shall  prohibit a student from using a
     5  device if:
     6    (a) the use of the device is  included  in  the  student's  individual
     7  education  program,  or  plan developed under Section 504 of the federal
     8  Rehabilitation Act of 1973, 29 U.S.C. 794; or
     9    (b) a licensed physician determines that the access of a device by the
    10  student is necessary for the health and well-being of the student.
    11    § 2. This act shall take effect on the first of July  next  succeeding
    12  the date on which it shall have become a law. Effective immediately, the
    13  addition,  amendment  and/or  repeal of any rule or regulation necessary
    14  for the implementation of this act on its effective date are  authorized
    15  to be made and completed on or before such effective date.
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