HB65INTRODUCED Page 0 HB65 18JW3ZZ-1 By Representative Sellers RFD: Education Policy First Read: 04-Feb-25 PFD: 18-Nov-24 1 2 3 4 5 6 18JW3ZZ-1 11/14/2024 GP (L)lg 2024-2867 Page 1 PFD: 18-Nov-24 SYNOPSIS: Under existing law, local boards of education have the authority to adopt local policies relating to pocket pagers, cellular telephones, and other electronic communication devices. This bill would require the State Board of Education to adopt a model policy restricting the use of cell phones and other electronic communication devices in public K-12 schools during the school day, with some exceptions. This bill would also require each local board of education to adopt a policy relating to the use of electronic communication devices based on that model policy. A BILL TO BE ENTITLED AN ACT Relating to public K-12 education; to amend Section 16-1-27, Code of Alabama 1975; to require the State Board of Education to adopt a model policy restricting the use of cell phones in public K-12 schools; and to require each local board of education to adopt a policy based on that model. 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 27 28 HB65 INTRODUCED Page 2 of education to adopt a policy based on that model. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 16-1-27, Code of Alabama 1975, is amended to read as follows: "§16-1-27 (a) A local board of education may permit any pupil to carry a pocket pager, cellular telephone, or other electronic communication device while on school property and may permit any pupil to use a pocket pager, cellular telephone, or other electronic communication device, when such use is expressly and specifically permitted by the school administrator, teacher, or employee who is acting in a supervisory capacity at the time of the use. For purposes of this section, the following terms have the following meanings: (1) ELECTRONIC COMMUNICATION DEVICE. Any privately owned, portable wireless device that has the capability to provide voice, messaging, or other data communication between two or more parties including, but not limited to, a cellular phone, tablet, computer, pager, or other electronic messaging device. This term does not include any device that is owned or issued to students by the local board of education. (2) STATE BOARD. The State Board of Education. (b)(1) No later than January 1, 2026, the state board shall adopt a model policy that prohibits public K-12 students from using an electronic communication device during the school day. (2) The model policy shall provide exceptions including, but not limited to, permitting a student to use an electronic communication device: 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 54 55 56 HB65 INTRODUCED Page 3 electronic communication device: a. In the event of an emergency or to manage the student's health care; or b. If the use is included in the student's individualized education program (IEP) or a plan developed under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Any pupil found in violation of this section shall be subject to suspension by the board of education. (c) Each No later than the beginning of the 2026-2027 school year, each local board of education may adopt shall adopt and implement a local policy that pertains to pocket pagers, cellular telephones, and other electronic communication devices relating to the use of electronic communication devices on school property. The policy, at a minimum, shall reflect the model policy adopted by the state board." Section 2. This act shall become effective on June 1, 2025. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73