School Districts Will Soon be Required to Adopt Policies Restricting Student Cell Phone Use
September 2024
Number 40
On August 28, 2024, the Legislature passed Assembly Bill (AB) 3216, known as the Phone-Free Schools Act, which was signed into law by the Governor on September 23, 2024. The bill amends Education Code section 48901.7 to require school districts to develop and adopt, no later than July 1, 2026, a policy to limit or ban the use of smartphones by students during the school day. This development follows the enactment of AB 272 in 2019, which added Education Code section 48901.7 and grants school districts the authority to regulate the use of smartphones during school hours.
Over the past few years, the State has sought to address the negative impacts of unrestricted smartphone usage by students. The prior version of Education Code section 48901.7 was intended to empower school districts to adopt policies to limit or prohibit the use of smartphones while students are at school or under the supervision and control of school employees The law affirms the right of school districts to regulate student possession and use of cellphones and smartphones at school, in light of the existing and “growing evidence that unrestricted use of smartphones during the school day interferes with the educational mission of the schools, lowers pupil performance, particularly among low-achieving pupils, promotes cyberbullying, and contributes to an increase in teenage anxiety, depression, and suicide.” (Legis. Counsel’s Dig., Assem. Bill No. 272 (2019-2020 Reg. Sess.).)
The passage of AB 3216 comes after an August 13, 2024 letter to school leaders from Governor Newsom, urging them to act to restrict smartphone usage on campus. The letter encourages local action and states the Governor’s intent to work with the Legislature to require, rather than permit, school districts to develop policies to restrict smartphone use in schools. (See Governor Newsom Urges Schools to Immediately Restrict Cell Phones in the Classroom Ahead of the New School Year, Office of the Governor, August 13, 2024.) In his letter, Governor Newsom specifically cites to research studies linking excessive smartphone use to increased anxiety, depression, and other mental health issues among students. Furthermore, the Governor’s letter cites research studies showing that teachers report “cell phone distractions as a major problem” with 97 percent of students using their phones during the school day for a median of 43 minutes.
It is important to note that Education Code section 48901.7 specifically provides four circumstances under which students must be allowed to use smartphones. These circumstances include emergencies or response to a perceived threat of danger, when permission is granted by school personnel, when a licensed physician determines possession or use is necessary for the health of a student, or when possession or use is required in a student’s individualized education program.
Takeaways
School district should be aware of the July 1, 2026 deadline to adopt policies addressing student cell phone use.
If you have any questions about the development of cell phone policies, restrictions on such policies, and requisite revisions to student handbooks, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
Number 40
On August 28, 2024, the Legislature passed Assembly Bill (AB) 3216, known as the Phone-Free Schools Act, which was signed into law by the Governor on September 23, 2024. The bill amends Education Code section 48901.7 to require school districts to develop and adopt, no later than July 1, 2026, a policy to limit or ban the use of smartphones by students during the school day. This development follows the enactment of AB 272 in 2019, which added Education Code section 48901.7 and grants school districts the authority to regulate the use of smartphones during school hours.
Over the past few years, the State has sought to address the negative impacts of unrestricted smartphone usage by students. The prior version of Education Code section 48901.7 was intended to empower school districts to adopt policies to limit or prohibit the use of smartphones while students are at school or under the supervision and control of school employees The law affirms the right of school districts to regulate student possession and use of cellphones and smartphones at school, in light of the existing and “growing evidence that unrestricted use of smartphones during the school day interferes with the educational mission of the schools, lowers pupil performance, particularly among low-achieving pupils, promotes cyberbullying, and contributes to an increase in teenage anxiety, depression, and suicide.” (Legis. Counsel’s Dig., Assem. Bill No. 272 (2019-2020 Reg. Sess.).)
The passage of AB 3216 comes after an August 13, 2024 letter to school leaders from Governor Newsom, urging them to act to restrict smartphone usage on campus. The letter encourages local action and states the Governor’s intent to work with the Legislature to require, rather than permit, school districts to develop policies to restrict smartphone use in schools. (See Governor Newsom Urges Schools to Immediately Restrict Cell Phones in the Classroom Ahead of the New School Year, Office of the Governor, August 13, 2024.) In his letter, Governor Newsom specifically cites to research studies linking excessive smartphone use to increased anxiety, depression, and other mental health issues among students. Furthermore, the Governor’s letter cites research studies showing that teachers report “cell phone distractions as a major problem” with 97 percent of students using their phones during the school day for a median of 43 minutes.
It is important to note that Education Code section 48901.7 specifically provides four circumstances under which students must be allowed to use smartphones. These circumstances include emergencies or response to a perceived threat of danger, when permission is granted by school personnel, when a licensed physician determines possession or use is necessary for the health of a student, or when possession or use is required in a student’s individualized education program.
Takeaways
School district should be aware of the July 1, 2026 deadline to adopt policies addressing student cell phone use.
If you have any questions about the development of cell phone policies, restrictions on such policies, and requisite revisions to student handbooks, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
