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2 | 2 | | SENATE DOCKET, NO. 1653 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 323 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brendan P. Crighton |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing for phone free schools. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexMark C. MontignySecond Bristol and Plymouth2/28/2025 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1653 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 323 |
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18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 323) of Brendan P. Crighton and |
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19 | 19 | | Mark C. Montigny for legislation to prohibit the use to personal electronic devices in schools. |
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20 | 20 | | Education. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act providing for phone free schools. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 69 of the General Laws is hereby amended by adding the following |
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30 | 30 | | 2section:- |
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31 | 31 | | 3 Section 38. (a) As used in this section, the following words shall have the following |
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32 | 32 | | 4meanings unless the context clearly requires otherwise: |
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33 | 33 | | 5 “Board'', the board of elementary and secondary education. |
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34 | 34 | | 6 ''Commissioner'', the commissioner of elementary and secondary education. |
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35 | 35 | | 7 ''Department', the department of elementary and secondary education. |
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36 | 36 | | 8 “Personal electronic devices”, any electronic equipment capable of collecting, processing |
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37 | 37 | | 9or transferring data including, but not limited to, smartphones, cellular phones, tablets or gaming |
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38 | 38 | | 10devices. 2 of 3 |
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39 | 39 | | 11 (b) Each school district shall have a comprehensive policy to prohibit student access to |
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40 | 40 | | 12personal electronic devices during the school day. Policies shall include restrictions that align |
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41 | 41 | | 13with the developmental level of students and the structure of the school day in each grade level |
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42 | 42 | | 14and school and shall consider guidance issued by the department. This policy shall not preclude |
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43 | 43 | | 15the use of school-issued or sanctioned devices that serve a legitimate educational purpose. |
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44 | 44 | | 16 Each school district shall engage in a public comment period to receive feedback from |
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45 | 45 | | 17school leaders, educators, families, students and relevant stakeholders while developing the |
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46 | 46 | | 18policy. |
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47 | 47 | | 19 Each school district shall ensure that behavioral expectations related to personal |
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48 | 48 | | 20electronic devices are included in the relevant student code of conduct and shall educate the |
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49 | 49 | | 21students on issues related to the use of personal electronic devices, including, but not limited to: |
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50 | 50 | | 22(i) cyberbullying; (ii) accessing or sharing inappropriate content; (iii) recording or taking |
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51 | 51 | | 23photographs without consent; (iv) plagiarism; and (v) the unapproved use of artificial |
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52 | 52 | | 24intelligence software and applications. |
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53 | 53 | | 25 Each school district shall submit their policy as required under this subsection to the |
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54 | 54 | | 26department for approval. To receive approval from the department, policies shall include a |
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55 | 55 | | 27prohibition on access to personal electronic devices during the school day, including during |
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56 | 56 | | 28times spent outside of the classroom, and specific procedures for collecting, isolating and |
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57 | 57 | | 29returning personal electronic devices. |
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58 | 58 | | 30 The department shall provide technical assistance to school districts for policy |
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59 | 59 | | 31development and implementation. 3 of 3 |
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60 | 60 | | 32 SECTION 2. Not later than 6 months after the effective date of this act, the department of |
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61 | 61 | | 33elementary and secondary education and the board of elementary and secondary education shall |
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62 | 62 | | 34issue guidance for school districts to consider when drafting and adopting the policy required |
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63 | 63 | | 35under section 38 of chapter 69 of the General Laws. Such guidance shall emphasize creating |
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64 | 64 | | 36engaging spaces for learning and mitigating the negative impact that cell phones have on student |
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65 | 65 | | 37learning and shall include considerations for specific policies and practices for elementary, |
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66 | 66 | | 38middle, and high school students based on developmental readiness and maturity. |
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67 | 67 | | 39 The guidance shall address areas including, but not be limited to: (i) provisions for school |
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68 | 68 | | 40and student health and safety, including dedicated methods for parents to communicate with their |
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69 | 69 | | 41children; (ii) exceptions to the policy based on a student’s individualized education plan; (iii) |
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70 | 70 | | 42accommodations under section 504 of the Rehabilitation Act, 29 U.S.C. section 794, or |
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71 | 71 | | 43individualized health or learning plan or any other accommodations under state or federal law, |
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72 | 72 | | 44including, but not limited to, title II of the Americans with Disabilities Act, 42 U.S.C. sections |
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73 | 73 | | 4512131–12165; (iv) compliance with applicable federal and state laws; and (v) impact on |
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74 | 74 | | 46multilingual learners. |
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75 | 75 | | 47 SECTION 3. Subsection (b) of section 38 of chapter 69 of the General Laws shall take |
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76 | 76 | | 48effect not later than six months after the department of elementary and secondary education has |
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77 | 77 | | 49issued its guidance. |
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