bill banning student phones during the school day

The text as introduced · 908 words

89R8383 AMF-F

By: Kolkhorst
S.B. No. 966

A BILL TO BE ENTITLED

AN ACT

relating to the use of technology by public school students,

including a study on the public health effects of digital learning

and public school policies regarding student possession of personal

communication devices; increasing a fee.

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

SECTION 1. (a) The Department of State Health Services, in

coordination with the Texas Education Agency, shall conduct a study

regarding the public health effects, including on student mental

health and performance, of digital learning in public schools,

including through software applications and other online

educational tools.

(b) Not later than September 1, 2026, the Department of

State Health Services shall submit to each legislative standing

committee with primary jurisdiction over public education a report

that includes:

(1) the results of the study conducted under this

section; and

(2) any recommendations for legislative or other

action related to digital learning.

(c) This section expires January 1, 2027.

SECTION 2. Section 37.082, Education Code, is amended to

read as follows:

Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [ PAGING ]

DEVICES. (a) Subject to Subsections (d) and (e), the [ The ] board

of trustees of a school district or 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 may establish disciplinary

measures to be imposed for violation of the prohibition and may

provide for confiscation of the [ paging ] device.

(b) Except as provided by Subsections (d) and (e), the [ The ]

policy shall [ may provide for the district to ]:

(1) require a student who brings a personal

communication device on school property to turn the device off and

store the device in a designated storage locker for the duration of

the school day; and

(2) provide for the confiscation and secure storage of

a personal communication device of a student who does not comply

with the requirement of Subdivision (1) while the student is on

school property during the school day and the return of the device

to the student at the conclusion of the school day.

(c) The policy may provide for the district or school to:

(1) dispose of a confiscated personal communication

[ paging ] device in any reasonable manner after having provided the

student's parent or guardian [ and the company whose name and

address or telephone number appear on the device ] 30 days' prior

notice in writing of the district's or school's [ 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 or guardian an administrative fee not to exceed $30 [ $15 ]

before the district or school [ it ] releases a confiscated personal

communication [ the ] device.

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

governing body must authorize the possession of a personal

communication device:

(1) 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;

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

medical condition of the student or the student's family member;

(3) by a student who is a member of a volunteer fire

department or other volunteer emergency response organization;

(4) by a student who has a documented need for the

device for language translation services;

(5) necessary to comply with a requirement imposed by

law; and

(6) for any other reason established by commissioner

rule.

(e) The commissioner shall adopt rules to implement this

section. The rules must include a procedure for the board of

trustees of a school district or the governing body of an

open-enrollment charter school to request authorization from the

commissioner to include in the district's or school's policy

adopted under Subsection (a) an exception to the prohibition

against possession of a personal communication device in addition

to those described by Subsection (d).

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

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

phone, tablet, 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 3. Section 37.082, Education Code, as amended by

this Act, applies beginning with the 2025-2026 school year.

SECTION 4. 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.