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SENATE DOCKET, NO. 2285 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 463
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
John C. Velis, (BY REQUEST)
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regulating screen time and technology privacy in early and K-12 education.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Kirstin Beatty149 Central Park Drive, Holyoke, MA
01040 1 of 20
SENATE DOCKET, NO. 2285 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 463
By Mr. Velis (by request), a petition (accompanied by bill, Senate, No. 463) of Kirstin Beatty,
for legislation to regulate screen time and technology privacy in early and K-12 education.
Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act regulating screen time and technology privacy in early and K-12 education.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The legislature finds and declares all of the following:
2 Whereas, information technology captures data for profiling, predictive analytics, and
3crime, and addictive persuasive design influences thoughts and behavior.
4 Whereas, the Journal of the American Medical Association published a 2019 study that
5found high levels of screen time reduces structural integrity in key brain areas responsible for
6literacy and language.
7 Whereas, digital programs are under corporate direction and outside local control, and the
8content of corporate educational materials has often been found to reflect corporate interests,
9corporate marketing, be generic, and lack currency or individualization.
10 Whereas, the Massachusetts education standards mandate screen time: writing standards
11require students “use [digital tools (e.g. computers, mobile phones, cameras)] to convey 2 of 20
12messages in pictures and in words” in PreK; “explore a variety of digital tools” to write in Grade
131; and gather information from digital sources by Grade 3.
14 Whereas, integrating software learning into every subject requires far too much time and
15energy of teachers and students to evaluate, regulate, learn, fix and maintain software that
16quickly becomes outmoded -- yet Massachusetts education standards integrate technology into
17every subject and thus subtract precious time from other subjects like handwriting and
18mathematics, as well as from higher order thinking and knowledge.
19 Whereas, an hour of videoconferencing or streaming emits 150 – 1,000 grams of carbon
20dioxide (a gallon of gasoline car exhaust emits about 8,887 grams), requires 2 – 12 liters of
21water, and demands a land area about the size of an iPad Mini (Obringer et al, 2021).
22 Whereas, mandates for screen time prevent public schools from adopting alternative
23learning models that may be locally preferred, such as Montessori, Waldorf, or outdoor learning
24models.
25 Whereas, extended screen time is widely acknowledged as harmful to physical health due
26to time sitting, staring, blue light exposure, magnetic and electric fields, wireless emissions, and
27lack of movement.
28 Whereas, Dr. Martin Pall, Dr. Devra Davis, Dr. Henry Lai, Dr. Belpoggi, Dr. Belyaev,
29Dr. De-Kun Li, Dr. Belpomme, and countless other reputable experts have provided peer-
30reviewed studies demonstrating that exposure to non-ionizing radiation like wireless and certain
31electricity exposures causes DNA breaks and mutations in germ line cells that produce mutations
32in future generations; produces oxidative stress and free radical damage that have major roles in 3 of 20
33chronic disease; and attacks the endocrine and nervous systems including our hormone balance
34and our brains.
35 Resolved, that the policy goals of this act shall be to encourage educational authorities to
36view technology use and screen time as secondary to education, utilizing only when strong
37evidence of benefits exists and privacy is protected; to eliminate state mandates to utilize
38technology across curriculum in public schools; to provide a basic set of limits on student
39technology and school screen time use from early education through grade twelve; and to
40encourage alternatives to virtual and digital learning.
41 SECTION 2. Chapter 69 of the General Laws is hereby amended by adding the following
42section:-
43 School screen time and cellphone limits
44 (a) Definitions. As used in this section, the following words shall have the following
45meanings:
46 “Board'' is the board of elementary and secondary education.
47 ''Commissioner'' is the commissioner of elementary and secondary education.
48 “Confidential data” is data collected on students or staff and which includes:
49 (1) standard identifying information:
50 i. names of staff and students
51 ii. dates of birth 4 of 20
52 iii. addresses
53 iv. grades
54 v. medical information
55 vi. exam results
56 vii. staff development reviews
57 viii. assessments
58 ix. other personal identifying information
59 (2) identifying data such as location-tracking, photographs, and biometric data, which
60includes unique biological or behavioral identifiers such but not limited to voice audio,
61fingerprints, gait recognition, and keystroke dynamics.
62 (3) personal writings or other personal work such as art
63 (4) political views
64 (5) socioeconomic data
65 (6) disciplinary data
66 (7) similar data or information on other individuals that are not students or staff, but may
67be referenced in or extracted from student and staff data.
68 (8) observed and inferred data from the data provided
69 ''Department'' is the department of elementary and secondary education. 5 of 20
70 “Screen time” is time viewing a technological or digital screen which includes but is not
71limited to a television, a smart board, projector, or computer.
72 “Passive screen time” is time viewing a technological or digital screen in which one only
73observes and does not interact or alter the screen by typing or otherwise moving the body.
74 “Interactive screen time” is time viewing and interacting with or altering a technological
75or digital screen by typing or otherwise moving the body.
76 “Virtual reality” is an interactive screen time experience taking place in a simulated
77visual environment, either real or imagined, and may incorporate auditory and sensory feedback.
78Augmented reality systems is a type of virtual reality in which perception of the real world is
79augmented by computer-generated perceptual information such as visual, auditory, haptic,
80somatosensory, and olfactory.
81 “Authority” is the authority legally invested with setting policy for a public charter
82school, virtual school, or, in the case of a school district, the elected school committee.
83 (b) School screen time limits. Each public school authority shall set and publish a limit on
84school screen time and cellphone use, setting limits for both interactive screen time and passive
85screen time with input from the local community, school staff, students, and guardians. A
86baseline for school screen time and cellphone limits is provided in subsection (e), which shall
87apply unless the authority adopts more stringent or liberal limits. The authority must base its
88school screen time limits on the principles defined in subsection (c) and must follow a public
89commenting process as defined in subsection (d) for an initial and ensuing annual review. Except
90as defined in subsection (f), any other revisions to existing school screen time limits also require
91a public hearing. 6 of 20
92 Except as defined in this subsection and subsection (f), it shall be unlawful for any school
93or teaching staff to allow a student enrolled in either public primary or secondary schools in the
94Commonwealth to exceed screen time limits during and after school hours for school-related
95assignments, including extra-curricular activities.
96 Except as defined in subsection (c) and (f), it shall be unlawful to require screen time as a
97condition of public primary and secondary school required coursework or activities.
98 Nothing in this law requires the use of digital technology or screen time, nor preempts
99more restrictive state or local limitations.
100 (c) Screen time principles. School screen time limits must be premised on educational
101benefits to the student and safe use rather than simply convenience or savings to the educator or
102school system. Therefore, recommendations for school screen time limits must be based on the
103following findings:
104 (1) The educational goal cannot be as easily or as quickly be accomplished by traditional
105educational methods which do not use screen time and the use of technology serves an
106educational purpose;
107 (2) The specific use of screen time provides educational benefits superior to traditional
108methods which do not use screen time;
109 (3) The selection of products, potential gateways to other platforms, and scheduling of
110screen time is carefully considered to prevent physical, psychological, social, cultural, and
111neurological adverse consequences, including digital addiction; 7 of 20
112 (4) Other than exceptions listed in subsection (f), courses and school activities revolving
113around prolonged screen time are limited to students in grades 8 to 12, with no more than 90
114minutes of screen time daily through grade 9 and 120 minutes of screen time daily through grade
11512.
116 (5) Other than exceptions listed in subsection (f), children or students below grade eight
117are not to exceed more than 5 hours of passive screen time in a month; to have no interactive
118screen time below grade four; and from grade four through seven are not to exceed more than 1
119hour of interactive screen time weekly.
120 (5) Students under age 16 are not to use virtual reality technology.
121 (6) Students age 16 and above are not to use to virtual reality technology without an
122explicit opt-in form, explicit verbal warnings of potential negative effects, and, unless clear
123scientific evidence proves safety for both mental and physical development, must limit time
124spent in virtual reality to a maximum of 1 hour in a year expressly tied to a specific educational
125purpose other than entertainment.
126 (8) Courses or school activities that revolve around extensive screen time are voluntary,
127and screen time requirements in those activities highly relevant to the subject matter of the
128course or school activity.
129 (9) Traditional forms of instruction and learning which do not use screen time are
130preferred whenever desired by the educator or when these accomplish the task as well or
131approximately as well. 8 of 20
132 (10) Technology implementation and use follows the best practices for health, safety, and
133confidential data protection, and closes any intentional or unintentional gateway to products or
134services with adverse impacts, such as from, but not limited to, persuasive design, distracting
135entertainment, and data profiling.
136 (11) Use of digital technology or screen time is carefully designed by the school, teacher,
137and support staff to insure procedures are in place, including data processing agreements, to help
138protect confidential data and, when the purpose is fulfilled, destroy the confidential data.
139 (12) If the screen time involves voice or video recording, the careful consideration of
140whether students or educators must be heard or visible on the screen, and whether video and
141sound recordings can be avoided and still fulfill the educational purpose.
142 (13) Compliance with all confidential data protection requirements at the local, state, and
143federal level.
144 (d) Public hearing decision. Except as defined in section (f), the authority must provide
145for a public hearing during annual reviews and before setting any new screen time limits.
146 For the public hearing, each authority shall publish a public notice and shall additionally
147inform all students, guardians, and school personnel of the hearing and commenting procedures
148using standard protocols used by the school or school district. These notices shall provide an
149electronic and postal address for written submissions; hearing time, date, and location; and that
150any party with a financial interest in promoting cellphone use or screen time is to self-identify by
151including the name of any relevant business and any product in conjunction with his or her name
152and accompanying statement of financial interest. The public hearing shall be set at time
153convenient to most school personnel, students, and guardians. 9 of 20
154 School teachers and school departments shall be provided time in school to meet as
155departments and as a school at least three weeks in advance of the hearing in order to review and
156discuss the proposed screen time and cellphone limits, principles, and consider recommendations
157for submission of public comments to the authority.
158 The hearing and all written comments, including the names of the testifiers, submitted
159shall be subject to the Open Meeting Law and written comments shall be available to the public
160for a reasonable sliding-scale fee or freely available for review – however, one exception to this
161rule shall be that any student, guardian, or teacher request based on personal needs shall not
162require or allow exposure of the name of the testifier unless desired by the testifier and, if
163relevant, his or her guardian.
164 Following the hearing and within eight weeks, the authority shall finalize and vote on the
165cellphone and screen time limits by a vote of the majority members of the authority and shall
166prepare a public statement of its decision.
167 The public statement must state :
168 (1) all requests for additional screen time or cellphones by parties outside of the school
169system, excepting requests exempted under subsection (f) or (j), including for potential future
170attendance;
171 (2) for each request for additional screen time, the relevant names of any school district
172or school staff who made the request, excepting requests exempted by subsection (f) or (j);
173 (3) a clearly marked list of all individuals with a financial interest due to business or to
174potential product sales that request increased screen time; 10 of 20
175 (4) the factual reasoning for the decisions based on the principles in subsection (c);
176 (5) how the individuals of the authority voted;
177 (6) optionally, a statement of reasons for dissent prepared by any individual(s) in the
178authority.
179 (e) Proposed screen time and cellphone limits. Proposed screen time restrictions are
180provided according to grade level as follows:
181 (1) Pre-K through kindergarten screen time: maximum of 4 hours, none of which may be
182interactive;
183 (2) First through second grade: maximum 5 hours per school year, none of which may be
184interactive;
185 (3) Grade three through seven passive screen time: maximum of one hour a day and 5
186hours total in the school year;
187 (4) Grade three interactive screen time: none;
188 (4) Grade four through seven interactive screen time: maximum of 20 minutes a day and
189a maximum of 3.5 hours total in the school year;
190 (5) Grade 8 through 10 passive screen time: maximum of one hour a day and 25 hours
191total in the school year;
192 (6) Grade eight interactive screen time: maximum of one hour a day and 5 hours total in
193the school year. 11 of 20
194 (7) Grade nine through ten interactive screen time: maximum of one hour daily and 10
195hours total in the school year.
196 (8) Grade 11 through 12 passive screen time: maximum of one hour a day and 35 hours
197total in the school year;
198 (9) Grade eleven through twelve interactive screen time: maximum of one hour daily and
19930 hours total in the school year.
200 (10) All grades are to leave cellphones at home or in airplane mode at school in furnished
201lock-boxes, relying on the school telecommunications system for any necessary calls.
202 (f) Exceptions to screen time limits. With a public hearing, individual or school-wide
203exceptions may be granted to school screen time limits beginning in the eighth grade for: (1)
204specialized, optional courses whose subject requires screen time, such as computer
205programming; and (2) extracurricular activities whose subject requires screen time, such as a
206computer programming club.
207 A Commonwealth virtual school shall be excepted from screen time limits insofar as
208excused by its design as described in section 94 of Chapter 71 Title I of the General Laws.
209Despite this exception, the virtual school must to the maximum extent use its resources to
210minimize screen time, where possible and when beneficial to the student, and to meet the
211expectations of subsections (d) and (c), including reporting.
212 Some exceptions to screen time limits do not require a public hearing due to private or
213emergency nature. If an exception is granted to school screen time limits on the basis of a school
214or public emergency, the authority shall reconvene as soon as the emergency has passed to 12 of 20
215establish an orderly, swift process to end the temporary extension and return to the limits
216previously established without the need for a public hearing. If the reason for an exception no
217longer exists with respect to a private need, the exception granted is ended.
218 The following exceptions shall be granted with respect to school screen time limits
219without requiring a public hearing:
220 (1) when a condition of the student’s individualized education plan, or when a licensed
221physician determines necessary for health, an exception to school- or district-wide screen time
222limits shall be granted;
223 (2) quarantine to prevent transmission of a dangerous disease;
224 (3) personal condition of a student that prevents student school attendance, such as a
225personal emergency or suspension from school;
226 (4) an unexpected school or public disaster obstructing use of classrooms for in-person
227learning.
228 (g) Informed consent and opt-outs. Information about school technology shall be made
229available to school students, guardians, and staff to support the principles in subsection (c) by the
230authority to the best of its knowledge and ability. The authority shall insure each educator has
231easy access to a printed list of all software and technologies utilized by the educator, including as
232specifically connected to each technology product or service, information about the data
233collected, parties to the data, associated companies, data processing agreements, and any
234attendant risks provided in the product manual or service contract and any other attendant risks
235that are known to exist. 13 of 20
236 The authority shall insure each guardian and student is also provided with a copy of the
237list as relevant to the student. The delivery of this information to students and guardians may be
238assigned to classroom teachers.
239 Given this information, each guardian and student shall be provided with the opportunity
240to opt out of the use of any specific product or service.
241 (h) Violations. Each authority shall establish a screen time policy to prevent violations
242and to deal with students and staff who violate this law that includes consequences to prevent
243violations. This screen time policy shall include staff professional development on the policy and
244the hazards of excessive screen time and technology use.
245 Any outside party, including any co-conspirators, attempting to subvert this law in order
246to increase the use of any technological product shall be subject to civil charges and a penalty.
247The party or parties shall pay restitution and return profits, including earnings for lobbying.
248Additionally each party shall be pay a maximum fine of the earnings the party has available in 15
249days, based on the preceding year’s earnings, or serve equivalent time in custody or performing
250charitable service, or both serve the time and pay the fine.
251 (i) Cellphone limits. The authority shall adopt a policy to limit or prohibit the use by
252students of cellphones while the students are the school site or while under the supervision and
253control of an employee or employees of that school or school district. The authority may also
254limit use by staff.
255 (j) Cellphone exceptions. Notwithstanding subsection (i), no person shall be prohibited
256from possessing or using a cellphone under any of the following circumstances: 14 of 20
257 (1) In the case of an emergency, or in response to a perceived threat of danger.
258 (2) When a licensed physician and surgeon determines that the possession or use of a
259cellphone is necessary to the person’s health.
260 (3) When the possession or use of a cell phone is required in a student’s individualized
261education program.
262 (k) End technology mandate across curriculum. The Board, commissioner, and
263department shall revise state education goals, curriculum frameworks, and evaluation
264requirements to eliminate any educational mandate for the use of digital technology or of
265information technology except in extracurricular courses in the subject area, and eliminate
266requirements and evaluations of the use of digital and information technology across curriculum
267in all subjects excepting courses in the subject area.
268 SECTION 3. Section 1I of chapter 69 of the General Laws, as appearing in the 2021
269Official Edition, is hereby amended by adding the following paragraph after the first paragraph:-
270 Digital technology use shall be an optional and not a required condition of public school
271learning. Unless voluntarily enrolling in a technology course, no public school student or legal
272guardian shall be treated with prejudice or found wanting in an evaluation due to following a
273principle of restricting or avoiding student digital technology use. A student or school may safely
274restrict or avoid digital student technology use and still be provided high marks in evaluation
275based upon other measures. Within reason, however, such a school shall be expected to insure
276students understand age-appropriate aspects of digital technology use related to safety, health,
277responsibility, societal impacts, and privacy. 15 of 20
278 SECTION 4. Section 1I of chapter 69 of the General Laws, as appearing in the 2021
279Official Edition, is hereby amended striking the phrase “and (d) performance benchmarks and
280processes for evaluating the effect of district improvement initiatives” and replacing with the
281following phrase:-
282 and (d) performance benchmarks and processes for evaluating the effect of district
283improvement initiatives; performance benchmarks and processes shall include not only academic
284evaluation, but evaluation of measures to improve environmental health, protect privacy, protect
285cybersecurity, reduce screen time, encourage academic freedom, reduce student and staff stress,
286and provide adequately for student recess, social interaction, and intermittent breaks
287 SECTION 5. Subsection (a) of Section 94 of Chapter 71 of the General Laws, as
288appearing in the 2021 Official Edition, is hereby amended by striking out the sentence
289“''Commonwealth virtual school'', a public school operated by a board of trustees whose teachers
290primarily teach from a remote location using the internet or other computer-based methods and
291whose students are not required to be located at the physical premises of the school.” and
292inserting in place thereof the following sentence:-
293 ''Commonwealth virtual school'' is a public school operated by a board of trustees whose
294teachers primarily use distance learning, where the student is not required to be located at the
295physical premises of the school and instead uses computer-based methods, the internet,
296telephone, or correspondence by post.
297 SECTION 6. Section 94 of Chapter 71 of the General Laws, as appearing in the 2021
298Official Edition, is hereby amended by adding the following subsection:- 16 of 20
299 (s) In reviewing proposals, conducting certification and re-certification, the board and
300department shall require virtual schools to adopt pedagogical strategies and curriculum, when
301possible and appropriate to student ability, which adopt the following policies: (1) reduce the
302time students spend before digital screens; (2) with remote learning, provide real-time access to
303the subject-area teacher during school hours or an option clear to the students for reaching
304subject-area teachers during school hours for help; (3) provide a weekly schedule for students or
305guardians to access teachers with a phone call or other real-time in-person method comparable
306to after-school hours at traditional brick-and-mortar schools; (4) routinely include teacher-led
307virtual lessons in real time, rather than relying exclusively on EdTech programs; (5) utilize and
308favor curriculum and lessons the teacher has vetted, modified, and chosen or created in
309coordination with student needs and current events, rather than industrial, mass-produced,
310programmed, or otherwise scripted curriculum.
311 SECTION 7. Chapter 15D of Part I Title II of the General Laws is hereby amended by
312adding the following section: -
313 (a) Definitions. As used in this section, the following words shall have the following
314meanings:
315 “Confidential data” is data collected on students or staff and which includes:
316 (1) standard identifying information:
317 i. names of staff and students
318 ii. dates of birth
319 iii. addresses 17 of 20
320 iv. grades
321 v. medical information
322 vi. exam results
323 vii. staff development reviews
324 viii. assessments
325 ix. other personal identifying information
326 (2) identifying data such as location-tracking, photographs, and biometric data, which
327includes unique biological or behavioral identifiers such but not limited to voice audio,
328fingerprints, gait recognition, and keystroke dynamics.
329 (3) personal writings or other personal work such as art
330 (4) political views
331 (5) socioeconomic data
332 (6) disciplinary data
333 (7) similar data or information on other individuals that are not students or staff, but may
334be referenced in or extracted from student and staff data.
335 (8) observed and inferred data from the data provided
336 “Interactive screen time” is time viewing and interacting with or altering a technological
337or digital screen by typing or otherwise moving the body. 18 of 20
338 “Screen time” is time viewing a technological or digital screen which includes but is not
339limited to a television, a smart board, projector, or computer.
340 “Passive screen time” is time viewing a technological or digital screen in which one only
341observes and does not interact or alter the screen by typing or otherwise moving the body.
342 (b) Technology screen, safety and privacy limits. The department of early education and
343care, the commissioner of early education and care, and the board of early education and care
344shall limit and circumscribe screen time and digital technology in early education and care for
345the benefit of staff and children, including but not limited to the following conditions:
346 (1) Areas where children spend the majority of time shall not have a television, computer
347monitor, or other screen routinely playing video, including moving images, or video games, to
348provide for either passive or interactive screen time.
349 (2) Toys utilized by children in early education and care shall not have the capability for
350passive or interactive screen time.
351 (3) Toys utilized in early education and care shall not have the ability to record
352confidential data.
353 (4) Passive and interactive screen time shall be prohibited for children under age 4.
354 (5) Beginning at the age of 4, children may be allowed passive screen time, not
355interactive screen time however. Passive screen time is not to exceed one of the following
356choices: (i) one day of each week for 90 minutes; (ii) 20 minutes daily; or (iii) three days for 30
357minutes. 19 of 20
358 (6) Promote non-digital social interaction, time outdoors, and free play and prevent use of
359screen time as a reward.
360 (7) Children are not to utilize a cellphone or other screen-based digital device as a toy.
361 (8) Limit and discourage the posting of children’s confidential data on social media,
362unsecured cellphones, or other non-secure online platforms and if posting first acquire
363permission from the guardian(s).
364 (9) Provide that early education certification and re-certification provides relevant
365education on cybersecurity, privacy, screen time and technology concerns.
366 (10) Limit and discourage the posting of children’s confidential data on social media,
367unsecured cellphones, or other non-secure online platforms and if posting first acquire
368permission from the guardian(s).
369 (11) Provide that early education certification and re-certification provides relevant
370technology education on cybersecurity, privacy, cultural and electromagnetic hazards.
371 (13) Discourage or limit the use of wireless devices, including video and voice devices
372intended to monitor children.
373 (14) Regulate screen time to prevent the impact of bright, artificial light from disrupting
374circadian rhythms and sleep.
375 (15) Test electric and magnetic fields to insure that the play and rest areas have at
376minimum an extremely low frequency (ELF) and very low frequency (VLF) magnetic field less
377than 100 microTesla (100 nT), an ELF and VLF electrical field less than 1 volt per meter (V/m),
378and insure electrical equipment is kept away from play and rest areas – if stricter limits or 20 of 20
379policies are recommended by the state or federal government, adopt these stricter limits or
380policies.
381 (16) Avoid the use of wireless devices, such as routers or cellphones, and WiFi near or in
382play or rest areas, or where children spend the majority of time.
383 (17) Hard wire any necessary digital equipment and verify that wireless transmissions
384have been and remain halted.
385 (18) Adopt best practices to protect environmental health with regard to electromagnetic
386and chemical emissions from electric equipment and digital technology.