Bill Text: CA SB1283 | 2023-2024 | Regular Session | Amended

California Senate Bill 1283 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Pupils: use of social media.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State. Chapter 891, Statutes of 2024. [SB1283 Detail]

Download: California-2023-SB1283-Amended.html

Amended IN Senate May 20, 2024

Amended IN Senate April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1283

Introduced by Senator Stern

February 15, 2024

An act to amend Section 48901.7 of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

SB 1283, as amended, Stern. Pupils: use of smartphones and social media.

Existing law authorizes the governing board of a school district or its designee to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, attending school-sponsored activities, or under the supervision or control of school district employees. Existing law explicitly authorizes the governing body of a school district, a county office of education, or a charter school to adopt a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.

This will would expand that explicit authority to also cover the use by pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. If a local educational agency requests a pupil to voluntarily disclose or give access to electronic information, the bill would require the request to be accompanied by a written disclosure of the pupil’s rights, including, among others, that the pupil can refuse, as provided.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 48901.7 of the Education Code is amended to read:

48901.7.

(a) (1) The governing body of a school district, a county office of education, or a charter school may adopt a policy to limit or prohibit the use by its pupils of smartphones or social media, or both, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.

(2) (A) A request by a school district, county office of education, or charter school for a pupil’s voluntary disclosure of or access to electronic information shall be accompanied by a written disclosure of the pupil’s rights pursuant to the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code) in clear and conspicuous language that indicates all of the following:
(i) The school district, county office of education, or charter school is not entitled to the disclosure of or access to electronic information without complying with the requirements of Section 1546.1 of the Penal Code.
(ii) The pupil has the right to refuse to grant voluntary disclosure of or access to electronic information.
(iii) The pupil has the right to consult with a parent or guardian, or attorney, or both, before voluntarily disclosing or giving access to electronic information.
(B) The following model language may be used to satisfy the requirements of subparagraph (A):

“You have been asked by a government entity to voluntarily disclose information about electronic communications or an electronic device.

You can say no. You can consult a parent or guardian, or attorney, or both, before you decide. If you do say yes, you give the government the right to look through your phone and possibly use what they find as evidence against you or others, consistent with state law.”

(b) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:

(1) In the case of an emergency, or in response to a perceived threat of danger.

(2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator.

(3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil.

(4) When the possession or use of a smartphone is required in a pupil’s individualized education program.

(c) This section does not modify any restrictions on a government entity pursuant to state law as it relates to their ability to compel production of or access to electronic information, including those imposed by the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).
~~(c)~~

(d) For purposes of this section, the following definitions apply:

(1) “Educational purposes” means for purposes that aid in instruction in the classroom or at home, or in classroom administration.

(2) ~~(A)~~“Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. a “social media platform” as that term is defined in Section 22675 of the Business and Professions Code.

(B)“Social media” shall not include an electronic service or account used exclusively for educational purposes or primarily to facilitate creation of school-sponsored publications, such as a yearbook or pupil newspaper, under the direction or control of a school, teacher, or yearbook adviser.