School policies required on student phones and other devices

The text as introduced · 833 words

By: Campbell
S.B. No. 1459

A BILL TO BE ENTITLED

AN ACT

relating to public school policies regarding student possession of

personal communication devices and Internet safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.082, Education Code, is amended to

read as follows:

Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [ PAGING ]

DEVICES. (a) Subject to Subsection (b), the [ The ] board of

trustees of a school district and the governing body of an

open-enrollment charter school shall [ may ] adopt a written policy

prohibiting a student from possessing a personal communication

[ paging ] device while on school property during the school day [ or

while attending a school-sponsored or school-related activity on or

off school property ]. The policy shall [ may ] establish

disciplinary measures to be imposed for violation of the

prohibition [ and may provide for confiscation of the paging

device ].

(b) In adopting the policy, the board of trustees or

governing body:

(1) must authorize the possession of a personal

communication device:

(A) necessary to implement an individualized

education program, a plan created under Section 504, Rehabilitation

Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;

(B) by a student with a documented need based on a

directive from a qualified physician; or

(C) necessary to comply with any other

requirement imposed by law; and

(2) may authorize the possession of a personal

communication device:

(A) during instructional time for instructional

purposes;

(B) during noninstructional periods during the

school day, such as lunch; or

[ The policy may provide for the district to:

[ (1) dispose of a confiscated paging device in any

reasonable manner after having provided the student's parent and

the company whose name and address or telephone number appear on the

device 30 days' prior notice of its intent to dispose of that

device. The notice shall include the serial number of the device

and may be made by telephone, telegraph, or in writing; and

[ (2) charge the owner of the device or the student's

parent an administrative fee not to exceed $15 before it releases

the device ].

(c) The board of trustees of a school district or the

governing body of an open-enrollment charter school shall adopt a

policy under this section at a public meeting. Notice of the meeting

must include the text of the proposed policy. Before adopting the

policy, the board or governing body must provide a reasonable

period for public comment regarding the policy.

(d) The board of trustees or governing body shall make the

policy adopted under this section publicly available on the

district's or school's Internet website and provide a copy of the

policy to parents or guardians of students in the district or

school.

(e) The agency shall develop a model policy that a school

district or open-enrollment charter school may use to comply with

the requirements of this section. The model policy must be based on

research and current best practices.

(f) In this section, " personal communication [ paging ]

device" means a telephone, cell phone such as a smartphone or flip

phone, tablet, computer, personal digital assistant, smartwatch,

radio device, paging device, or any other electronic

[ telecommunications ] device capable of telecommunication or

digital communication [ that emits an audible signal, vibrates,

displays a message, or otherwise summons or delivers a

communication to the possessor ]. The term does not include :

(1) an amateur radio under the control of an operator

who holds an amateur radio station license issued by the Federal

Communications Commission ; or

(2) an electronic device provided to a student by a

school district or open-enrollment charter school .

SECTION 2 .: Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.0821, to read as follows:

Sec. 37.0821. IMPLEMENTATION MONITORING. (a) Each school

district and charter school must establish an effective monitoring

plan to ensure the effectiveness and efficiency of policies under

this section. The plan must:

(1) outline procedures for monitoring compliance with

the Internet safety and personal communication device policies;

(2) provide for continuous regular reporting of

progress and implementation to the school board, parents, and the

Texas Education Agency;

(3) include performance metrics to evaluate the impact

of the policies on student safety and digital responsibility;

(4) allow for periodic review and updates to ensure

alignment with best practices and technological advancements.

SECTION 3. As soon as practicable after the effective date

of this Act, the Texas Education Agency shall develop the model

policy required by Section 37.082(e), Education Code, as added by

this Act.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.