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S09951 Summary:

BILL NOS09951
 
SAME ASNo Same As
 
SPONSORBOTTCHER
 
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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S09951 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9951
 
                    IN SENATE
 
                                     April 17, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- 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.
    24    4. Students are  prohibited  from  accessing  social  media  platforms
    25  through  the  use  of  internet  access provided by the school district,
    26  except when expressly directed to for class instruction.
    27    5. Nothing in this section shall  prohibit  a  student  from  using  a
    28  device if:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00752-01-5

        S. 9951                             2
 
     1    (a)  the  use  of  the  device is included in the student's individual
     2  education program, or plan developed under Section 504  of  the  federal
     3  Rehabilitation Act of 1973, 29 U.S.C. 794; or
     4    (b) a licensed physician determines that the access of a device by the
     5  student is necessary for the health and well-being of the student.
     6    §  2.  This act shall take effect on the first of July next succeeding
     7  the date on which it shall have become a law. Effective immediately, the
     8  addition, amendment and/or repeal of any rule  or  regulation  necessary
     9  for  the implementation of this act on its effective date are authorized
    10  to be made and completed on or before such effective date.
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