Sponsored by:
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
SYNOPSIS
Requires public school to adopt cell phone and social media policy based on guidelines developed by DOE.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student use of cell phones and social media platforms and supplementing chapter 36 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board of education" means and includes a board of education as defined in N.J.S.18A:18A-2, the board of directors of an educational services commission, and the administrative board of a renaissance school project or any other local education agency.
"Public school" means and includes a school, under college grade, which derives its support entirely or in part from public funds, a school district, a charter school, a renaissance school project, an educational services commission, or any other local education agency.
2. a. A board of education shall adopt a policy concerning student use of cell phones and social media platforms during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. The policy shall be consistent with the policy developed pursuant to subsection a. of this section.
b. The Commissioner of Education shall develop guidelines to assist public schools in adopting the policy required pursuant to subsection a. of this section. The guidelines shall be issued no later than 90 days after the effective date of this act.
c. The guidelines shall, at a minimum:
(1) provide age appropriate and grade-level differentiated guidelines concerning limiting and prohibiting student use of cell phones and social media platforms;
(2) prohibit non-academic use of a cell phone or social media during classroom instruction;
(3) be consistent with State and federal law, including accommodations provided in a student's Individualized Education Program or educational plan established pursuant to the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., or section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. s.794;
(4) permit student use of cell phones in the case of an emergency or in response to a perceived threat of danger;
(5) permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student;
(6) address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches;
(7) list options that may be utilized by a public school for cell phone storage, including locked pouches and cell phone lockers;
(8) provide guidance for a public school to establish network-based restrictions to prevent the use of, or access to, social media platforms; and
(9) detail protocols for communicating the public school's policy concerning student use of cell phones and social media platforms to students, their families, and teaching staff members.
d. The guidelines shall promote student learning and well-being. In developing the policy, the commissioner shall involve stakeholders to ensure that the policies are responsive to the needs of students, parents, and teaching staff members.
e. Nothing in this section shall be construed to prevent a public school from adopting a policy on the use of cell phones and social media platforms by students enrolled in the public school that is more stringent than the policy developed by the commissioner pursuant to subsection a. of this section.
3. This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.
STATEMENT
This bill requires public schools to adopt a policy concerning student use of cell phones and social media based on guidelines issued by the Department of Education.
Under the bill, a board of education is to develop a policy applicable to students enrolled in grades kindergarten through 12 concerning student use of cell phones and social media platforms during regular school hours.
The DOE is required to develop guidelines to assist in the development of the policy. The guidelines are to, at a minimum, (1) provide age appropriate and grade-level differentiated guidelines concerning limiting and prohibiting student use of cell phones and social media platforms; (2) prohibit non-academic use of a cell phone or social media during classroom instruction; (3) be consistent with State and federal law including accommodations provided in a student's Individualized Education Program or educational plan; (4) permit student use of cell phones in the case of an emergency or in response to a perceived threat of danger; (5) permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student; (6) address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches; (7) list options that may be utilized by a public school for cell phone storage, including locked pouches and cell phone lockers; (8) provide guidance for a public school to establish network-based restrictions to prevent the use of, or access to, social media platforms; and (9) detail protocols for communicating the school's policy concerning student use of cell phones and social media platforms to students, their families, and teaching staff members.