Pennsylvania Joins National Trend to Weigh Restrictions on Cell Phones in Public Schools

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The Pennsylvania Senate introduced a bill on June 21, 2024 to launch a pilot program to regulate the use of cell phones by students in public schools. A similar bill was introduced in the PA House in February 2024.

The Senate bill came amid a flurry of headlines last week related to the growing concern about the effects of cell phones and social media on elementary and high school students across the United States.

This alert provides an overview of the proposed Pennsylvania laws, as well as developments in California, New York and other states, and related efforts by the U.S. Surgeon General to regulate the use of social media by children.

School districts and administrators in Pennsylvania should review existing cell phone policies and begin preparing for the likelihood that they will need to be updated.

Pennsylvania's Pending Legislation

The Pennsylvania General Assembly is now considering two bills that would regulate cell phone use in public schools.

Senate Bill 1207: Proposed last week, the Senate bill would establish the Cell Phone Lockable Bag Pilot Program to provide funding to purchase secure cell phone lockable bags.

Schools participating in the pilot program would be required to create a school entity policy that prohibits the use of cell phones during school time and employs the use of cell phone lockable bags. The bill mandates that such policies must include exemptions for students who have a documented medical condition that necessitates the use of the phone, such as diabetes.

Key Provisions of Pilot Program in Senate Bill 1207:

  • Prohibits student use of cell phones during instructional periods, with exceptions for educational purposes as determined by school authorities.
  • Endorses the creation of comprehensive school policies to manage cell phone use, including during breaks and recess.
  • Stipulates that schools must communicate policies effectively to parents and students and involve them in the policy development process.
  • Emphasizes the importance of mental health considerations in policy formulation.

House Bill 2043: Introduced in February 2024, this bill proposes board restrictions on cell phone use during school hours. It aims to improve academic performance, reduce distractions, and address concerns related to cyberbullying and mental health.

Key Provisions of House Bill 2043:

  • Prohibits student use of cell phones during instructional time unless authorized by a teacher or school administrator for educational purposes.
  • Allows cell phone use during non-instructional times such as lunch and recess, subject to school policies.
  • Requires schools to develop clear policies and procedures for the implementation of the ban, including disciplinary measures for violations.
  • Mandates parental notification and involvement in policy development.

Legislation in Other States

California's Proposed Statewide Ban
California Gov. Gavin Newsom proposed a statewide ban on cell phones in public elementary and high schools. The proposed legislation aims to enhance student focus, reduce distractions, and mitigate cyberbullying during school hours. If passed, the ban would make California one of the first states to implement such comprehensive restrictions.

Los Angeles School District's Decision
On the heels of Gov. Newsom’s call for a statewide ban, the Los Angeles Unified School District, the nation's second-largest school district, announced that it will ban cell phones in schools starting next year.

Similar Laws in Florida, Ohio, Indiana and New York
Other states have already passed or are considering similar measures:

  • Florida: In May 2023, Florida passed a law requiring public school districts to impose rules barring student cellphone use during class time. A few months later, Orange County Public Schools went further, barring students from using cellphones during the entire school day.
  • Ohio: In May 2024, Ohio Gov. Mike DeWine signed a law that does not ban cell phones during class time, but does require that every districts in the state create a policy that “seeks to minimize students’ use of cellphones.”
  • Indiana: Legislators in Indiana overwhelmingly passed a law in March 2024 that calls for a general ban on cell phones in classrooms that would begin in the fall. Indiana's approach is focused on the potential mental health benefits of limiting cell phone use in schools.
  • New York: Lawmakers in New York are debating legislation that would restrict cell phone use during school hours. A bill proposed in May 2024 highlights concerns about academic performance and social interactions among students.

U.S. Surgeon General Calls for Warnings on Social Media

In a related development, the U.S. Surgeon General has proposed issuing warnings about the potential dangers of social media, particularly for young users. These warnings would address the risks of cyberbullying, addiction, and mental health issues. This proposal underscores the broader concern about the impact of digital technology on students' lives and may bolster support for state-level cell phone bans.

Implications for Pennsylvania School Districts and Administrators

With House Bill 2043 and Senate Bill 1207 pending in the Pennsylvania legislature, school administrators in Pennsylvania should:

  • Evaluate Current Policies: Review and assess your school's current cell phone policies. Consider whether they align with best practices and the emerging trends seen in other states.
  • Stay Informed: Keep abreast of legislative developments both within Pennsylvania and in other states. Understanding the specifics of these proposals can help anticipate potential changes in Pennsylvania.
  • Engage Stakeholders: Involve teachers, parents, and students in discussions about cell phone use in schools. Their input can provide valuable insights and help build consensus around any proposed changes.
  • Prepare for Policy Changes: Begin planning for potential policy adjustments. This might include developing guidelines for implementation, communicating changes to the school community, and providing professional development for teachers on managing cell phone use in the classroom.

Conclusion

The proposed bans on cell phones in public elementary and high schools across various states, including Pennsylvania, reflect a growing concern about the impact of digital devices and social media on student learning and well-being.

Pennsylvania school administrators should monitor these developments closely and consider proactive measures to address this issue within their own schools.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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