COUNCIL OF THE DISTRICT OF COLUMBIA OFFICE OF COUNCILMEMBER BROOKE PINTO THE JOHN A. WILSON BUILDING 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 WASHINGTON, D.C. 20004 January 27, 2025 Nyasha Smith, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue, N.W. Washington, DC 20004 Dear Secretary Smith, Today, I, along with Chairman Phil Mendelson and Councilmember s Charles Allen, Matthew Frumin, Zachary Parker, and Anita Bonds, am introducing the “Heads Up! Distraction -Free Learning Amendment Act of 2025.” This bill would direct local education agencies (LEAs) to adopt and implement a policy that prohibits students from using personal wireless communication devices during the school day. This includes cell phones, gaming devices, and smart watches. The purpose of the Heads Up! Distraction- Free Learning Amendment Act is to reduce distractions for students in the classroom and enhance their learning experience. Last year, only 34 percent of District students met or exceeded expectations in English language arts and literacy and 22.8 percent met or exceeded expectations in math. i The non-academic use of internet-connected devices like cellphones during the school day interrupts concentration, which is necessary for focused learning and information retention. This type of non- academic use has been linked to decreases in student learning. In addition, the use of social media on cell phones and other wireless devices has been linked to detrimental impacts on mental health and the escalation of conflicts in our schools, which also negatively affect s academic performance. ii We must remain focused on increasing educational outcomes for students. Removing distracting devices at school will help us achieve these goals . At last month’s public meeting of the DC State Board of Education, parents, teachers, and researchers shared testimony in support of phone-free schools in the District. Prohibiting personal wireless devices in school will help safeguard students’ mental health and allow students to engage in critical face- to-face play time and socialization with their peers. This interaction is critical to healthy social development and reducing bullying and conflicts among students. A growing number of states’ legislatures have moved or are moving to prohibit or restrict personal cell phone use for students at school, including Florida, Indiana, Louisiana, Minnesota, Ohio, South Carolina and California. iii In neighboring Virginia, school districts across the Commonwealth are required to implement policies to limit cellphone use during the school day. The Lincoln school district in Nebraska has reported fewer behavioral issues and better engagement since implementing a ban on phone use during class time in 2022. iv The bill authorizes an educator to allow a student to use a wireless communication device, including tablet computers and laptops, for educational purposes during instructional time. It also provides a process for a student to obtain permission from an educator or administrator to use a wireless communication device in the event of an emergency or to manage the student’s health care. No student will be prohibited from using a wireless communication device during instructional time if the use of the device is included in the student’s Individualized Education Program (IEP) or to accommodate a disability . Under the bill, students will be provided with storage for the wireless communication devices during the school day. It also requires notification about the policy and ensures that consequences for a violation do not involve removing a student from the classroom. Should you have any questions about this legislation, please contact my C ommittee and Legislative Director, Linn Groft, at lgroft@dccouncil.gov. Thank you. Best, Brooke Pinto i District of Columbia Public Schools, DC Releases 2024 Statewide Assessment Results, ( August 22, 2024) , available here. ii U.S. Department of Education, Office of Educational Technology, Planning Together: A Playbook for Student Personal Device Policies, Washington, D.C. (2024), available here. iii Andrew Demillo, Banning cellphones in schools gains popularity in red and blue states, AP News (January 16, 2025), available here. . iv Caitlynn Peetz, Hall Passes Go Digital to Complement Cellphone Restrictions , Ed Week, ( January 3, 2025), available here. 1 2 ____________________________ _____________________________ 3 Chairmen Mendelson Councilmember Brooke Pinto 4 5 6 _____________________________ _____________________________ 7 Councilmember Anita Bonds Councilmember Charles Allen 8 9 10 11 12 _____________________________ _____________________________ 13 Councilmember Zachary Parker Councilmember Matthew Frumin 14 15 16 A BILL 17 18 _________________________ 19 20 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 21 22 _________________________ 23 24 25 To direct local education agencies to adopt and implement a personal wireless communication 26 device policy that prohibits a student from using a personal wireless communication 27 device during the Full School Day. 28 29 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 30 act may be cited as the “Heads Up! Distraction-Free Learning Amendment Act of 2025”. 31 Sec. 2. Definitions. 32 For the purposes of this act, the term: 33 (a ) “Wireless communication device” means any portable personal wireless device that 34 has the capability to provide voice, messaging, or other data communication between two (2) or 35 more parties, including a: 36 (1) Cellular phone; 37 (2) Tablet computer; 38 (3) Laptop computer; 39 (4) Gaming device; and 40 (5) Smart watch. 41 Sec. 3. Wireless Communication Device Policy. 42 (a) By no later than 15 days before the start of the 2025- 26 School Year, each LEA shall 43 adopt and implement a wireless communication device policy that: 44 (1) Except as provided in paragraphs (2) through (5) of this subsection, prohibits a 45 student from possessing a personal wireless communication device during the F ull School D ay, 46 as defined in an Act To provide for compulsory school attendance, for the taking of a school 47 census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 48 806; D.C. Code § 38- 201(2B)); 49 (2) Authorizes an educator to allow a student to use a wireless communication 50 device for educational purposes during instructional time; 51 (3) Permits a student to obtain permission from an educator or administrator to 52 use a wireless communication device in the event of a health or safety incident, to manage the 53 student's health care, or other necessary circumstances; 54 (4) Provides a process for students to obtain permission from an educator or 55 administrator to access their wireless communication device in the event of a health or safety 56 incident or under other necessary circumstances ; 57 (5) Provides that no student shall be prohibited from using a wireless 58 communication device during instructional time if the use of the wireless communication device 59 is included in the student's: 60 (A) Individualized education program (IEP) or 61 (B) Plan developed under Section 504 of the federal Rehabilitation Act of 62 1973, 29 U.S.C. 794; 63 (6) Provides for appropriate storage of wireless communication devices during the 64 Full School D ay; 65 (7) Establishes a primary and secondary individual at each school who is 66 responsible for monitoring and enforcing the policy with students ; 67 (8) Establishes consequences if a student violates the policy, provided that an 68 LEA is prohibited from suspending, expelling, or removing a student from instructional time or 69 IEP-required services as a penalty for violation of the policy; and 70 (9) Establishes a process and timeline for the LEA to assess whether the policy is 71 working and how to refine it. 72 (b) Each LEA shall notify all enrolled students and their families about the policy and 73 publish on its website the wireless communication device policy established under subsection (a) 74 no later than 15 days before the start of each s chool year for which the policy is in effect. 75 (c) Not later than ninety days after the effective date of this act, the Office of the State 76 Superintendent for Education shall develop and share with LEAs a model policy that meets the 77 requirements prescribed in subsection (a) of this section. 78 (d) LEAs are encouraged to engage students and parents in the development of their 79 wireless communication device policy. 80 (e) Upon the establishment of a new policy, each LEA shall inform educators about the 81 policy. 82 (f) OSSE shall be responsible for monitoring LEA compliance with the requirements of 83 this act. 84 (g) OSSE shall share with educators research concerning the effect of the use of wireless 85 communication devices by students in school settings. 86 (h) LEAs are encouraged to incorporate lessons on digital citizenship into their curricula 87 Sec. 3. Fiscal impact statement. 88 The Council adopts the fiscal impact statement in the committee report as the fiscal 89 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 90 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 91 Sec. 4. Effective date. 92 This act shall take effect after approval by the Mayor (or in the event of veto by the 93 Mayor, action by the Council to override the veto), a 30- day period of congressional review as 94 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 95 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 96 Columbia Register. 97