HB166ENGROSSED Page 0 HB166 W11V3EE-2 By Representatives Hulsey, Collins, Baker, Faulkner, DuBose RFD: Education Policy First Read: 04-Feb-25 1 2 3 4 5 HB166 Engrossed Page 1 First Read: 04-Feb-25 A BILL TO BE ENTITLED AN ACT Relating to public K-12 education; to establish the Freeing our Classrooms of Unnecessary Screens for Safety (FOCUS) Act; to prohibit the use, operation, and possession of wireless communication devices on certain public school properties; to require local boards of education to adopt an Internet safety policy; to add Section 16-40-13 to the Code of Alabama 1975, to require students to complete a social media safety course prior to entering the eighth grade; and to repeal Section 16-1-27, Code of Alabama 1975, providing for the use of electronic communication devices on school property. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1.The Legislature finds and declares the following: (1) Each student in an Alabama public K-12 school should be college-ready or career-ready upon high school graduation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HB166 Engrossed Page 2 be college-ready or career-ready upon high school graduation. (2) Many high school teachers believe that cell phones and other electronic communication devices are distracting students in the classroom. (3) Studies have shown that cell phones and other electronic communication devices are negatively impacting learning outcomes. (4) Studies have shown that increased social media usage may negatively affect the mental health of school-aged children. Section 2.For the purposes of this act, the following terms have the following meanings: (1) INSTRUCTIONAL DAY. The period of time during which a public elementary or secondary school is open and in session for purpose of meeting the minimum number of instructional days or hours pursuant to Section 16-13-231, Code of Alabama 1975. The term also includes class transitions, lunch, non-instructional times, and any other time specified in a wireless communication device policy. (2) WIRELESS COMMUNICATION DEVICE. A cellular telephone, tablet computer, laptop computer, pager, gaming device, or any other portable electronic device identified in a wireless communication device policy that has the capability of exchanging voice, messaging, or other data communication with another electronic device. (3) WIRELESS COMMUNICATION DEVICE POLICY. A written policy adopted by a local board of education to implement this act. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 HB166 Engrossed Page 3 act. Section 3. (a) Beginning with the 2025-2026 school year, no student shall use or operate any wireless communication device in any public elementary or secondary school building or on the grounds thereof during the instructional day. (b) Beginning with the 2025-2026 school year, no student may possess a wireless communication device in any public elementary or secondary school building or on the grounds thereof during the instructional day unless the wireless communication device is turned off and stored off their person in a locker, car, or similar storage location. (c) Notwithstanding subsections (a) and (b), a student may use, operate, or possess a wireless communication device in a public elementary or secondary school building or on the grounds thereof during the instructional day in any of the following circumstances: (1) The use, operation, or possession is pursuant to the student's Individualized Education Program, Individualized Accommodation Plan, Section 504 plan, or Individualized Health Plan. (2) The use, operation, or possession is for educational or learning purposes under the supervision of local board of education personnel. (3) The use, operation, or possession occurs during an emergency threatening the life or safety of the student or another person. (d) No later than July 1, 2025, each local board of education shall adopt a wireless communication device policy. The wireless communication device policy shall include 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 HB166 Engrossed Page 4 The wireless communication device policy shall include consequences for violations. The local board of education shall reasonably distribute the wireless communication device policy to students, parents, faculty, staff, and the State Board of Education. Section 4.(a) No later than July 1, 2025, each local board of education shall adopt an Internet safety policy that addresses student access to the Internet on devices owned by the local board of education. (b) The policy shall do all of the following: (1) Limit Internet access by students to only age-appropriate subject matters and materials deemed age-appropriate pursuant to the policy. (2) Provide specific procedures and other protections that prioritize the safety and security of students when using email, chat rooms, and other forms of direct electronic communication. (3) Prohibit access by students to unlawfully obtained data or information, including hacking, and other unlawful online activity by students. (4) Prohibit access to websites, web applications, or software that exposes students to the disclosure, use, or dissemination of their personal information. (5) Prohibit students from accessing social media platforms, except when expressly directed by a teacher solely for educational purposes. (c) The principal shall be responsible for ensuring consistent compliance with the policy by school personnel. 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 HB166 Engrossed Page 5 consistent compliance with the policy by school personnel. Section 5. (a) Each certificated staff member employed by the local board education shall complete an annual written anonymous survey regarding the implementation of the wireless communication device policy and to measure uniform compliance within the school. (b) On or before October 1, 2025, the State Department of Education shall develop a survey to assess the levels of participation and compliance with the wireless communication device policy. On or before June 1, each subsequent year, the annual survey results shall be submitted by the principal to the local superintendent of education, local board of education, and the State Board of Education for publication on the website of the State Department of Education. Section 6.Section 16-40-13 is added to the Code of Alabama to read as follows: ยง16-40-13 (a) No later than July 1, 2025, the State Department of Education shall develop and approve an asynchronous, digitally delivered course that addresses the risks of using social media and how to use social media safely. (b) At a minimum, the course shall include the following topics: (1) The benefits of safely using age-appropriate social media platforms, including career and resume building for future academic or employment opportunities; sharing information with family and friends; and safely connecting with other users with similar interests. 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 HB166 Engrossed Page 6 with other users with similar interests. (2) The risks of social media use including its negative effects on mental health, including addiction; the distribution of misinformation on social media; how social media manipulates behavior; and the permanency of sharing materials online. (3) Safe practices for using social media including how to report suspicious behavior; how to identify cyberbullying, phishing and scam communications, predatory behavior, and human trafficking; and maintaining personal security and preventing oversharing of personal information. (c) The State Department of Education shall make the course available online and each local board of education shall reasonably notify parents of its availability. Each local board of education shall deliver the course to all students prior to entering the eighth grade and shall make the course available to students in grades eight through 12 who transfer to the school district or who otherwise have not completed the course. (d) The State Board of Education may adopt rules to implement this section. Section 7. Section 16-1-27, Code of Alabama 1975, providing for the use of electronic communications devices on school property, is repealed. Section 8. This act shall become effective immediately. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 HB166 Engrossed Page 7 Section 8. This act shall become effective immediately. House of Representatives Read for the first time and referred to the House of Representatives committee on Education Policy ................04-Feb-25 Read for the second time and placed on the calendar: 0 amendments ................27-Feb-25 Read for the third time and passed as amended Yeas 79 Nays 15 Abstains 9 ................03-Apr-25 John Treadwell Clerk 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180