1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 2285 FILED ON: 1/17/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 463 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | John C. Velis, (BY REQUEST) |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act regulating screen time and technology privacy in early and K-12 education. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :Kirstin Beatty149 Central Park Drive, Holyoke, MA |
---|
16 | 16 | | 01040 1 of 20 |
---|
17 | 17 | | SENATE DOCKET, NO. 2285 FILED ON: 1/17/2025 |
---|
18 | 18 | | SENATE . . . . . . . . . . . . . . No. 463 |
---|
19 | 19 | | By Mr. Velis (by request), a petition (accompanied by bill, Senate, No. 463) of Kirstin Beatty, |
---|
20 | 20 | | for legislation to regulate screen time and technology privacy in early and K-12 education. |
---|
21 | 21 | | Education. |
---|
22 | 22 | | The Commonwealth of Massachusetts |
---|
23 | 23 | | _______________ |
---|
24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
---|
25 | 25 | | (2025-2026) |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | An Act regulating screen time and technology privacy in early and K-12 education. |
---|
28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
29 | 29 | | of the same, as follows: |
---|
30 | 30 | | 1 SECTION 1. The legislature finds and declares all of the following: |
---|
31 | 31 | | 2 Whereas, information technology captures data for profiling, predictive analytics, and |
---|
32 | 32 | | 3crime, and addictive persuasive design influences thoughts and behavior. |
---|
33 | 33 | | 4 Whereas, the Journal of the American Medical Association published a 2019 study that |
---|
34 | 34 | | 5found high levels of screen time reduces structural integrity in key brain areas responsible for |
---|
35 | 35 | | 6literacy and language. |
---|
36 | 36 | | 7 Whereas, digital programs are under corporate direction and outside local control, and the |
---|
37 | 37 | | 8content of corporate educational materials has often been found to reflect corporate interests, |
---|
38 | 38 | | 9corporate marketing, be generic, and lack currency or individualization. |
---|
39 | 39 | | 10 Whereas, the Massachusetts education standards mandate screen time: writing standards |
---|
40 | 40 | | 11require students “use [digital tools (e.g. computers, mobile phones, cameras)] to convey 2 of 20 |
---|
41 | 41 | | 12messages in pictures and in words” in PreK; “explore a variety of digital tools” to write in Grade |
---|
42 | 42 | | 131; and gather information from digital sources by Grade 3. |
---|
43 | 43 | | 14 Whereas, integrating software learning into every subject requires far too much time and |
---|
44 | 44 | | 15energy of teachers and students to evaluate, regulate, learn, fix and maintain software that |
---|
45 | 45 | | 16quickly becomes outmoded -- yet Massachusetts education standards integrate technology into |
---|
46 | 46 | | 17every subject and thus subtract precious time from other subjects like handwriting and |
---|
47 | 47 | | 18mathematics, as well as from higher order thinking and knowledge. |
---|
48 | 48 | | 19 Whereas, an hour of videoconferencing or streaming emits 150 – 1,000 grams of carbon |
---|
49 | 49 | | 20dioxide (a gallon of gasoline car exhaust emits about 8,887 grams), requires 2 – 12 liters of |
---|
50 | 50 | | 21water, and demands a land area about the size of an iPad Mini (Obringer et al, 2021). |
---|
51 | 51 | | 22 Whereas, mandates for screen time prevent public schools from adopting alternative |
---|
52 | 52 | | 23learning models that may be locally preferred, such as Montessori, Waldorf, or outdoor learning |
---|
53 | 53 | | 24models. |
---|
54 | 54 | | 25 Whereas, extended screen time is widely acknowledged as harmful to physical health due |
---|
55 | 55 | | 26to time sitting, staring, blue light exposure, magnetic and electric fields, wireless emissions, and |
---|
56 | 56 | | 27lack of movement. |
---|
57 | 57 | | 28 Whereas, Dr. Martin Pall, Dr. Devra Davis, Dr. Henry Lai, Dr. Belpoggi, Dr. Belyaev, |
---|
58 | 58 | | 29Dr. De-Kun Li, Dr. Belpomme, and countless other reputable experts have provided peer- |
---|
59 | 59 | | 30reviewed studies demonstrating that exposure to non-ionizing radiation like wireless and certain |
---|
60 | 60 | | 31electricity exposures causes DNA breaks and mutations in germ line cells that produce mutations |
---|
61 | 61 | | 32in future generations; produces oxidative stress and free radical damage that have major roles in 3 of 20 |
---|
62 | 62 | | 33chronic disease; and attacks the endocrine and nervous systems including our hormone balance |
---|
63 | 63 | | 34and our brains. |
---|
64 | 64 | | 35 Resolved, that the policy goals of this act shall be to encourage educational authorities to |
---|
65 | 65 | | 36view technology use and screen time as secondary to education, utilizing only when strong |
---|
66 | 66 | | 37evidence of benefits exists and privacy is protected; to eliminate state mandates to utilize |
---|
67 | 67 | | 38technology across curriculum in public schools; to provide a basic set of limits on student |
---|
68 | 68 | | 39technology and school screen time use from early education through grade twelve; and to |
---|
69 | 69 | | 40encourage alternatives to virtual and digital learning. |
---|
70 | 70 | | 41 SECTION 2. Chapter 69 of the General Laws is hereby amended by adding the following |
---|
71 | 71 | | 42section:- |
---|
72 | 72 | | 43 School screen time and cellphone limits |
---|
73 | 73 | | 44 (a) Definitions. As used in this section, the following words shall have the following |
---|
74 | 74 | | 45meanings: |
---|
75 | 75 | | 46 “Board'' is the board of elementary and secondary education. |
---|
76 | 76 | | 47 ''Commissioner'' is the commissioner of elementary and secondary education. |
---|
77 | 77 | | 48 “Confidential data” is data collected on students or staff and which includes: |
---|
78 | 78 | | 49 (1) standard identifying information: |
---|
79 | 79 | | 50 i. names of staff and students |
---|
80 | 80 | | 51 ii. dates of birth 4 of 20 |
---|
81 | 81 | | 52 iii. addresses |
---|
82 | 82 | | 53 iv. grades |
---|
83 | 83 | | 54 v. medical information |
---|
84 | 84 | | 55 vi. exam results |
---|
85 | 85 | | 56 vii. staff development reviews |
---|
86 | 86 | | 57 viii. assessments |
---|
87 | 87 | | 58 ix. other personal identifying information |
---|
88 | 88 | | 59 (2) identifying data such as location-tracking, photographs, and biometric data, which |
---|
89 | 89 | | 60includes unique biological or behavioral identifiers such but not limited to voice audio, |
---|
90 | 90 | | 61fingerprints, gait recognition, and keystroke dynamics. |
---|
91 | 91 | | 62 (3) personal writings or other personal work such as art |
---|
92 | 92 | | 63 (4) political views |
---|
93 | 93 | | 64 (5) socioeconomic data |
---|
94 | 94 | | 65 (6) disciplinary data |
---|
95 | 95 | | 66 (7) similar data or information on other individuals that are not students or staff, but may |
---|
96 | 96 | | 67be referenced in or extracted from student and staff data. |
---|
97 | 97 | | 68 (8) observed and inferred data from the data provided |
---|
98 | 98 | | 69 ''Department'' is the department of elementary and secondary education. 5 of 20 |
---|
99 | 99 | | 70 “Screen time” is time viewing a technological or digital screen which includes but is not |
---|
100 | 100 | | 71limited to a television, a smart board, projector, or computer. |
---|
101 | 101 | | 72 “Passive screen time” is time viewing a technological or digital screen in which one only |
---|
102 | 102 | | 73observes and does not interact or alter the screen by typing or otherwise moving the body. |
---|
103 | 103 | | 74 “Interactive screen time” is time viewing and interacting with or altering a technological |
---|
104 | 104 | | 75or digital screen by typing or otherwise moving the body. |
---|
105 | 105 | | 76 “Virtual reality” is an interactive screen time experience taking place in a simulated |
---|
106 | 106 | | 77visual environment, either real or imagined, and may incorporate auditory and sensory feedback. |
---|
107 | 107 | | 78Augmented reality systems is a type of virtual reality in which perception of the real world is |
---|
108 | 108 | | 79augmented by computer-generated perceptual information such as visual, auditory, haptic, |
---|
109 | 109 | | 80somatosensory, and olfactory. |
---|
110 | 110 | | 81 “Authority” is the authority legally invested with setting policy for a public charter |
---|
111 | 111 | | 82school, virtual school, or, in the case of a school district, the elected school committee. |
---|
112 | 112 | | 83 (b) School screen time limits. Each public school authority shall set and publish a limit on |
---|
113 | 113 | | 84school screen time and cellphone use, setting limits for both interactive screen time and passive |
---|
114 | 114 | | 85screen time with input from the local community, school staff, students, and guardians. A |
---|
115 | 115 | | 86baseline for school screen time and cellphone limits is provided in subsection (e), which shall |
---|
116 | 116 | | 87apply unless the authority adopts more stringent or liberal limits. The authority must base its |
---|
117 | 117 | | 88school screen time limits on the principles defined in subsection (c) and must follow a public |
---|
118 | 118 | | 89commenting process as defined in subsection (d) for an initial and ensuing annual review. Except |
---|
119 | 119 | | 90as defined in subsection (f), any other revisions to existing school screen time limits also require |
---|
120 | 120 | | 91a public hearing. 6 of 20 |
---|
121 | 121 | | 92 Except as defined in this subsection and subsection (f), it shall be unlawful for any school |
---|
122 | 122 | | 93or teaching staff to allow a student enrolled in either public primary or secondary schools in the |
---|
123 | 123 | | 94Commonwealth to exceed screen time limits during and after school hours for school-related |
---|
124 | 124 | | 95assignments, including extra-curricular activities. |
---|
125 | 125 | | 96 Except as defined in subsection (c) and (f), it shall be unlawful to require screen time as a |
---|
126 | 126 | | 97condition of public primary and secondary school required coursework or activities. |
---|
127 | 127 | | 98 Nothing in this law requires the use of digital technology or screen time, nor preempts |
---|
128 | 128 | | 99more restrictive state or local limitations. |
---|
129 | 129 | | 100 (c) Screen time principles. School screen time limits must be premised on educational |
---|
130 | 130 | | 101benefits to the student and safe use rather than simply convenience or savings to the educator or |
---|
131 | 131 | | 102school system. Therefore, recommendations for school screen time limits must be based on the |
---|
132 | 132 | | 103following findings: |
---|
133 | 133 | | 104 (1) The educational goal cannot be as easily or as quickly be accomplished by traditional |
---|
134 | 134 | | 105educational methods which do not use screen time and the use of technology serves an |
---|
135 | 135 | | 106educational purpose; |
---|
136 | 136 | | 107 (2) The specific use of screen time provides educational benefits superior to traditional |
---|
137 | 137 | | 108methods which do not use screen time; |
---|
138 | 138 | | 109 (3) The selection of products, potential gateways to other platforms, and scheduling of |
---|
139 | 139 | | 110screen time is carefully considered to prevent physical, psychological, social, cultural, and |
---|
140 | 140 | | 111neurological adverse consequences, including digital addiction; 7 of 20 |
---|
141 | 141 | | 112 (4) Other than exceptions listed in subsection (f), courses and school activities revolving |
---|
142 | 142 | | 113around prolonged screen time are limited to students in grades 8 to 12, with no more than 90 |
---|
143 | 143 | | 114minutes of screen time daily through grade 9 and 120 minutes of screen time daily through grade |
---|
144 | 144 | | 11512. |
---|
145 | 145 | | 116 (5) Other than exceptions listed in subsection (f), children or students below grade eight |
---|
146 | 146 | | 117are not to exceed more than 5 hours of passive screen time in a month; to have no interactive |
---|
147 | 147 | | 118screen time below grade four; and from grade four through seven are not to exceed more than 1 |
---|
148 | 148 | | 119hour of interactive screen time weekly. |
---|
149 | 149 | | 120 (5) Students under age 16 are not to use virtual reality technology. |
---|
150 | 150 | | 121 (6) Students age 16 and above are not to use to virtual reality technology without an |
---|
151 | 151 | | 122explicit opt-in form, explicit verbal warnings of potential negative effects, and, unless clear |
---|
152 | 152 | | 123scientific evidence proves safety for both mental and physical development, must limit time |
---|
153 | 153 | | 124spent in virtual reality to a maximum of 1 hour in a year expressly tied to a specific educational |
---|
154 | 154 | | 125purpose other than entertainment. |
---|
155 | 155 | | 126 (8) Courses or school activities that revolve around extensive screen time are voluntary, |
---|
156 | 156 | | 127and screen time requirements in those activities highly relevant to the subject matter of the |
---|
157 | 157 | | 128course or school activity. |
---|
158 | 158 | | 129 (9) Traditional forms of instruction and learning which do not use screen time are |
---|
159 | 159 | | 130preferred whenever desired by the educator or when these accomplish the task as well or |
---|
160 | 160 | | 131approximately as well. 8 of 20 |
---|
161 | 161 | | 132 (10) Technology implementation and use follows the best practices for health, safety, and |
---|
162 | 162 | | 133confidential data protection, and closes any intentional or unintentional gateway to products or |
---|
163 | 163 | | 134services with adverse impacts, such as from, but not limited to, persuasive design, distracting |
---|
164 | 164 | | 135entertainment, and data profiling. |
---|
165 | 165 | | 136 (11) Use of digital technology or screen time is carefully designed by the school, teacher, |
---|
166 | 166 | | 137and support staff to insure procedures are in place, including data processing agreements, to help |
---|
167 | 167 | | 138protect confidential data and, when the purpose is fulfilled, destroy the confidential data. |
---|
168 | 168 | | 139 (12) If the screen time involves voice or video recording, the careful consideration of |
---|
169 | 169 | | 140whether students or educators must be heard or visible on the screen, and whether video and |
---|
170 | 170 | | 141sound recordings can be avoided and still fulfill the educational purpose. |
---|
171 | 171 | | 142 (13) Compliance with all confidential data protection requirements at the local, state, and |
---|
172 | 172 | | 143federal level. |
---|
173 | 173 | | 144 (d) Public hearing decision. Except as defined in section (f), the authority must provide |
---|
174 | 174 | | 145for a public hearing during annual reviews and before setting any new screen time limits. |
---|
175 | 175 | | 146 For the public hearing, each authority shall publish a public notice and shall additionally |
---|
176 | 176 | | 147inform all students, guardians, and school personnel of the hearing and commenting procedures |
---|
177 | 177 | | 148using standard protocols used by the school or school district. These notices shall provide an |
---|
178 | 178 | | 149electronic and postal address for written submissions; hearing time, date, and location; and that |
---|
179 | 179 | | 150any party with a financial interest in promoting cellphone use or screen time is to self-identify by |
---|
180 | 180 | | 151including the name of any relevant business and any product in conjunction with his or her name |
---|
181 | 181 | | 152and accompanying statement of financial interest. The public hearing shall be set at time |
---|
182 | 182 | | 153convenient to most school personnel, students, and guardians. 9 of 20 |
---|
183 | 183 | | 154 School teachers and school departments shall be provided time in school to meet as |
---|
184 | 184 | | 155departments and as a school at least three weeks in advance of the hearing in order to review and |
---|
185 | 185 | | 156discuss the proposed screen time and cellphone limits, principles, and consider recommendations |
---|
186 | 186 | | 157for submission of public comments to the authority. |
---|
187 | 187 | | 158 The hearing and all written comments, including the names of the testifiers, submitted |
---|
188 | 188 | | 159shall be subject to the Open Meeting Law and written comments shall be available to the public |
---|
189 | 189 | | 160for a reasonable sliding-scale fee or freely available for review – however, one exception to this |
---|
190 | 190 | | 161rule shall be that any student, guardian, or teacher request based on personal needs shall not |
---|
191 | 191 | | 162require or allow exposure of the name of the testifier unless desired by the testifier and, if |
---|
192 | 192 | | 163relevant, his or her guardian. |
---|
193 | 193 | | 164 Following the hearing and within eight weeks, the authority shall finalize and vote on the |
---|
194 | 194 | | 165cellphone and screen time limits by a vote of the majority members of the authority and shall |
---|
195 | 195 | | 166prepare a public statement of its decision. |
---|
196 | 196 | | 167 The public statement must state : |
---|
197 | 197 | | 168 (1) all requests for additional screen time or cellphones by parties outside of the school |
---|
198 | 198 | | 169system, excepting requests exempted under subsection (f) or (j), including for potential future |
---|
199 | 199 | | 170attendance; |
---|
200 | 200 | | 171 (2) for each request for additional screen time, the relevant names of any school district |
---|
201 | 201 | | 172or school staff who made the request, excepting requests exempted by subsection (f) or (j); |
---|
202 | 202 | | 173 (3) a clearly marked list of all individuals with a financial interest due to business or to |
---|
203 | 203 | | 174potential product sales that request increased screen time; 10 of 20 |
---|
204 | 204 | | 175 (4) the factual reasoning for the decisions based on the principles in subsection (c); |
---|
205 | 205 | | 176 (5) how the individuals of the authority voted; |
---|
206 | 206 | | 177 (6) optionally, a statement of reasons for dissent prepared by any individual(s) in the |
---|
207 | 207 | | 178authority. |
---|
208 | 208 | | 179 (e) Proposed screen time and cellphone limits. Proposed screen time restrictions are |
---|
209 | 209 | | 180provided according to grade level as follows: |
---|
210 | 210 | | 181 (1) Pre-K through kindergarten screen time: maximum of 4 hours, none of which may be |
---|
211 | 211 | | 182interactive; |
---|
212 | 212 | | 183 (2) First through second grade: maximum 5 hours per school year, none of which may be |
---|
213 | 213 | | 184interactive; |
---|
214 | 214 | | 185 (3) Grade three through seven passive screen time: maximum of one hour a day and 5 |
---|
215 | 215 | | 186hours total in the school year; |
---|
216 | 216 | | 187 (4) Grade three interactive screen time: none; |
---|
217 | 217 | | 188 (4) Grade four through seven interactive screen time: maximum of 20 minutes a day and |
---|
218 | 218 | | 189a maximum of 3.5 hours total in the school year; |
---|
219 | 219 | | 190 (5) Grade 8 through 10 passive screen time: maximum of one hour a day and 25 hours |
---|
220 | 220 | | 191total in the school year; |
---|
221 | 221 | | 192 (6) Grade eight interactive screen time: maximum of one hour a day and 5 hours total in |
---|
222 | 222 | | 193the school year. 11 of 20 |
---|
223 | 223 | | 194 (7) Grade nine through ten interactive screen time: maximum of one hour daily and 10 |
---|
224 | 224 | | 195hours total in the school year. |
---|
225 | 225 | | 196 (8) Grade 11 through 12 passive screen time: maximum of one hour a day and 35 hours |
---|
226 | 226 | | 197total in the school year; |
---|
227 | 227 | | 198 (9) Grade eleven through twelve interactive screen time: maximum of one hour daily and |
---|
228 | 228 | | 19930 hours total in the school year. |
---|
229 | 229 | | 200 (10) All grades are to leave cellphones at home or in airplane mode at school in furnished |
---|
230 | 230 | | 201lock-boxes, relying on the school telecommunications system for any necessary calls. |
---|
231 | 231 | | 202 (f) Exceptions to screen time limits. With a public hearing, individual or school-wide |
---|
232 | 232 | | 203exceptions may be granted to school screen time limits beginning in the eighth grade for: (1) |
---|
233 | 233 | | 204specialized, optional courses whose subject requires screen time, such as computer |
---|
234 | 234 | | 205programming; and (2) extracurricular activities whose subject requires screen time, such as a |
---|
235 | 235 | | 206computer programming club. |
---|
236 | 236 | | 207 A Commonwealth virtual school shall be excepted from screen time limits insofar as |
---|
237 | 237 | | 208excused by its design as described in section 94 of Chapter 71 Title I of the General Laws. |
---|
238 | 238 | | 209Despite this exception, the virtual school must to the maximum extent use its resources to |
---|
239 | 239 | | 210minimize screen time, where possible and when beneficial to the student, and to meet the |
---|
240 | 240 | | 211expectations of subsections (d) and (c), including reporting. |
---|
241 | 241 | | 212 Some exceptions to screen time limits do not require a public hearing due to private or |
---|
242 | 242 | | 213emergency nature. If an exception is granted to school screen time limits on the basis of a school |
---|
243 | 243 | | 214or public emergency, the authority shall reconvene as soon as the emergency has passed to 12 of 20 |
---|
244 | 244 | | 215establish an orderly, swift process to end the temporary extension and return to the limits |
---|
245 | 245 | | 216previously established without the need for a public hearing. If the reason for an exception no |
---|
246 | 246 | | 217longer exists with respect to a private need, the exception granted is ended. |
---|
247 | 247 | | 218 The following exceptions shall be granted with respect to school screen time limits |
---|
248 | 248 | | 219without requiring a public hearing: |
---|
249 | 249 | | 220 (1) when a condition of the student’s individualized education plan, or when a licensed |
---|
250 | 250 | | 221physician determines necessary for health, an exception to school- or district-wide screen time |
---|
251 | 251 | | 222limits shall be granted; |
---|
252 | 252 | | 223 (2) quarantine to prevent transmission of a dangerous disease; |
---|
253 | 253 | | 224 (3) personal condition of a student that prevents student school attendance, such as a |
---|
254 | 254 | | 225personal emergency or suspension from school; |
---|
255 | 255 | | 226 (4) an unexpected school or public disaster obstructing use of classrooms for in-person |
---|
256 | 256 | | 227learning. |
---|
257 | 257 | | 228 (g) Informed consent and opt-outs. Information about school technology shall be made |
---|
258 | 258 | | 229available to school students, guardians, and staff to support the principles in subsection (c) by the |
---|
259 | 259 | | 230authority to the best of its knowledge and ability. The authority shall insure each educator has |
---|
260 | 260 | | 231easy access to a printed list of all software and technologies utilized by the educator, including as |
---|
261 | 261 | | 232specifically connected to each technology product or service, information about the data |
---|
262 | 262 | | 233collected, parties to the data, associated companies, data processing agreements, and any |
---|
263 | 263 | | 234attendant risks provided in the product manual or service contract and any other attendant risks |
---|
264 | 264 | | 235that are known to exist. 13 of 20 |
---|
265 | 265 | | 236 The authority shall insure each guardian and student is also provided with a copy of the |
---|
266 | 266 | | 237list as relevant to the student. The delivery of this information to students and guardians may be |
---|
267 | 267 | | 238assigned to classroom teachers. |
---|
268 | 268 | | 239 Given this information, each guardian and student shall be provided with the opportunity |
---|
269 | 269 | | 240to opt out of the use of any specific product or service. |
---|
270 | 270 | | 241 (h) Violations. Each authority shall establish a screen time policy to prevent violations |
---|
271 | 271 | | 242and to deal with students and staff who violate this law that includes consequences to prevent |
---|
272 | 272 | | 243violations. This screen time policy shall include staff professional development on the policy and |
---|
273 | 273 | | 244the hazards of excessive screen time and technology use. |
---|
274 | 274 | | 245 Any outside party, including any co-conspirators, attempting to subvert this law in order |
---|
275 | 275 | | 246to increase the use of any technological product shall be subject to civil charges and a penalty. |
---|
276 | 276 | | 247The party or parties shall pay restitution and return profits, including earnings for lobbying. |
---|
277 | 277 | | 248Additionally each party shall be pay a maximum fine of the earnings the party has available in 15 |
---|
278 | 278 | | 249days, based on the preceding year’s earnings, or serve equivalent time in custody or performing |
---|
279 | 279 | | 250charitable service, or both serve the time and pay the fine. |
---|
280 | 280 | | 251 (i) Cellphone limits. The authority shall adopt a policy to limit or prohibit the use by |
---|
281 | 281 | | 252students of cellphones while the students are the school site or while under the supervision and |
---|
282 | 282 | | 253control of an employee or employees of that school or school district. The authority may also |
---|
283 | 283 | | 254limit use by staff. |
---|
284 | 284 | | 255 (j) Cellphone exceptions. Notwithstanding subsection (i), no person shall be prohibited |
---|
285 | 285 | | 256from possessing or using a cellphone under any of the following circumstances: 14 of 20 |
---|
286 | 286 | | 257 (1) In the case of an emergency, or in response to a perceived threat of danger. |
---|
287 | 287 | | 258 (2) When a licensed physician and surgeon determines that the possession or use of a |
---|
288 | 288 | | 259cellphone is necessary to the person’s health. |
---|
289 | 289 | | 260 (3) When the possession or use of a cell phone is required in a student’s individualized |
---|
290 | 290 | | 261education program. |
---|
291 | 291 | | 262 (k) End technology mandate across curriculum. The Board, commissioner, and |
---|
292 | 292 | | 263department shall revise state education goals, curriculum frameworks, and evaluation |
---|
293 | 293 | | 264requirements to eliminate any educational mandate for the use of digital technology or of |
---|
294 | 294 | | 265information technology except in extracurricular courses in the subject area, and eliminate |
---|
295 | 295 | | 266requirements and evaluations of the use of digital and information technology across curriculum |
---|
296 | 296 | | 267in all subjects excepting courses in the subject area. |
---|
297 | 297 | | 268 SECTION 3. Section 1I of chapter 69 of the General Laws, as appearing in the 2021 |
---|
298 | 298 | | 269Official Edition, is hereby amended by adding the following paragraph after the first paragraph:- |
---|
299 | 299 | | 270 Digital technology use shall be an optional and not a required condition of public school |
---|
300 | 300 | | 271learning. Unless voluntarily enrolling in a technology course, no public school student or legal |
---|
301 | 301 | | 272guardian shall be treated with prejudice or found wanting in an evaluation due to following a |
---|
302 | 302 | | 273principle of restricting or avoiding student digital technology use. A student or school may safely |
---|
303 | 303 | | 274restrict or avoid digital student technology use and still be provided high marks in evaluation |
---|
304 | 304 | | 275based upon other measures. Within reason, however, such a school shall be expected to insure |
---|
305 | 305 | | 276students understand age-appropriate aspects of digital technology use related to safety, health, |
---|
306 | 306 | | 277responsibility, societal impacts, and privacy. 15 of 20 |
---|
307 | 307 | | 278 SECTION 4. Section 1I of chapter 69 of the General Laws, as appearing in the 2021 |
---|
308 | 308 | | 279Official Edition, is hereby amended striking the phrase “and (d) performance benchmarks and |
---|
309 | 309 | | 280processes for evaluating the effect of district improvement initiatives” and replacing with the |
---|
310 | 310 | | 281following phrase:- |
---|
311 | 311 | | 282 and (d) performance benchmarks and processes for evaluating the effect of district |
---|
312 | 312 | | 283improvement initiatives; performance benchmarks and processes shall include not only academic |
---|
313 | 313 | | 284evaluation, but evaluation of measures to improve environmental health, protect privacy, protect |
---|
314 | 314 | | 285cybersecurity, reduce screen time, encourage academic freedom, reduce student and staff stress, |
---|
315 | 315 | | 286and provide adequately for student recess, social interaction, and intermittent breaks |
---|
316 | 316 | | 287 SECTION 5. Subsection (a) of Section 94 of Chapter 71 of the General Laws, as |
---|
317 | 317 | | 288appearing in the 2021 Official Edition, is hereby amended by striking out the sentence |
---|
318 | 318 | | 289“''Commonwealth virtual school'', a public school operated by a board of trustees whose teachers |
---|
319 | 319 | | 290primarily teach from a remote location using the internet or other computer-based methods and |
---|
320 | 320 | | 291whose students are not required to be located at the physical premises of the school.” and |
---|
321 | 321 | | 292inserting in place thereof the following sentence:- |
---|
322 | 322 | | 293 ''Commonwealth virtual school'' is a public school operated by a board of trustees whose |
---|
323 | 323 | | 294teachers primarily use distance learning, where the student is not required to be located at the |
---|
324 | 324 | | 295physical premises of the school and instead uses computer-based methods, the internet, |
---|
325 | 325 | | 296telephone, or correspondence by post. |
---|
326 | 326 | | 297 SECTION 6. Section 94 of Chapter 71 of the General Laws, as appearing in the 2021 |
---|
327 | 327 | | 298Official Edition, is hereby amended by adding the following subsection:- 16 of 20 |
---|
328 | 328 | | 299 (s) In reviewing proposals, conducting certification and re-certification, the board and |
---|
329 | 329 | | 300department shall require virtual schools to adopt pedagogical strategies and curriculum, when |
---|
330 | 330 | | 301possible and appropriate to student ability, which adopt the following policies: (1) reduce the |
---|
331 | 331 | | 302time students spend before digital screens; (2) with remote learning, provide real-time access to |
---|
332 | 332 | | 303the subject-area teacher during school hours or an option clear to the students for reaching |
---|
333 | 333 | | 304subject-area teachers during school hours for help; (3) provide a weekly schedule for students or |
---|
334 | 334 | | 305guardians to access teachers with a phone call or other real-time in-person method comparable |
---|
335 | 335 | | 306to after-school hours at traditional brick-and-mortar schools; (4) routinely include teacher-led |
---|
336 | 336 | | 307virtual lessons in real time, rather than relying exclusively on EdTech programs; (5) utilize and |
---|
337 | 337 | | 308favor curriculum and lessons the teacher has vetted, modified, and chosen or created in |
---|
338 | 338 | | 309coordination with student needs and current events, rather than industrial, mass-produced, |
---|
339 | 339 | | 310programmed, or otherwise scripted curriculum. |
---|
340 | 340 | | 311 SECTION 7. Chapter 15D of Part I Title II of the General Laws is hereby amended by |
---|
341 | 341 | | 312adding the following section: - |
---|
342 | 342 | | 313 (a) Definitions. As used in this section, the following words shall have the following |
---|
343 | 343 | | 314meanings: |
---|
344 | 344 | | 315 “Confidential data” is data collected on students or staff and which includes: |
---|
345 | 345 | | 316 (1) standard identifying information: |
---|
346 | 346 | | 317 i. names of staff and students |
---|
347 | 347 | | 318 ii. dates of birth |
---|
348 | 348 | | 319 iii. addresses 17 of 20 |
---|
349 | 349 | | 320 iv. grades |
---|
350 | 350 | | 321 v. medical information |
---|
351 | 351 | | 322 vi. exam results |
---|
352 | 352 | | 323 vii. staff development reviews |
---|
353 | 353 | | 324 viii. assessments |
---|
354 | 354 | | 325 ix. other personal identifying information |
---|
355 | 355 | | 326 (2) identifying data such as location-tracking, photographs, and biometric data, which |
---|
356 | 356 | | 327includes unique biological or behavioral identifiers such but not limited to voice audio, |
---|
357 | 357 | | 328fingerprints, gait recognition, and keystroke dynamics. |
---|
358 | 358 | | 329 (3) personal writings or other personal work such as art |
---|
359 | 359 | | 330 (4) political views |
---|
360 | 360 | | 331 (5) socioeconomic data |
---|
361 | 361 | | 332 (6) disciplinary data |
---|
362 | 362 | | 333 (7) similar data or information on other individuals that are not students or staff, but may |
---|
363 | 363 | | 334be referenced in or extracted from student and staff data. |
---|
364 | 364 | | 335 (8) observed and inferred data from the data provided |
---|
365 | 365 | | 336 “Interactive screen time” is time viewing and interacting with or altering a technological |
---|
366 | 366 | | 337or digital screen by typing or otherwise moving the body. 18 of 20 |
---|
367 | 367 | | 338 “Screen time” is time viewing a technological or digital screen which includes but is not |
---|
368 | 368 | | 339limited to a television, a smart board, projector, or computer. |
---|
369 | 369 | | 340 “Passive screen time” is time viewing a technological or digital screen in which one only |
---|
370 | 370 | | 341observes and does not interact or alter the screen by typing or otherwise moving the body. |
---|
371 | 371 | | 342 (b) Technology screen, safety and privacy limits. The department of early education and |
---|
372 | 372 | | 343care, the commissioner of early education and care, and the board of early education and care |
---|
373 | 373 | | 344shall limit and circumscribe screen time and digital technology in early education and care for |
---|
374 | 374 | | 345the benefit of staff and children, including but not limited to the following conditions: |
---|
375 | 375 | | 346 (1) Areas where children spend the majority of time shall not have a television, computer |
---|
376 | 376 | | 347monitor, or other screen routinely playing video, including moving images, or video games, to |
---|
377 | 377 | | 348provide for either passive or interactive screen time. |
---|
378 | 378 | | 349 (2) Toys utilized by children in early education and care shall not have the capability for |
---|
379 | 379 | | 350passive or interactive screen time. |
---|
380 | 380 | | 351 (3) Toys utilized in early education and care shall not have the ability to record |
---|
381 | 381 | | 352confidential data. |
---|
382 | 382 | | 353 (4) Passive and interactive screen time shall be prohibited for children under age 4. |
---|
383 | 383 | | 354 (5) Beginning at the age of 4, children may be allowed passive screen time, not |
---|
384 | 384 | | 355interactive screen time however. Passive screen time is not to exceed one of the following |
---|
385 | 385 | | 356choices: (i) one day of each week for 90 minutes; (ii) 20 minutes daily; or (iii) three days for 30 |
---|
386 | 386 | | 357minutes. 19 of 20 |
---|
387 | 387 | | 358 (6) Promote non-digital social interaction, time outdoors, and free play and prevent use of |
---|
388 | 388 | | 359screen time as a reward. |
---|
389 | 389 | | 360 (7) Children are not to utilize a cellphone or other screen-based digital device as a toy. |
---|
390 | 390 | | 361 (8) Limit and discourage the posting of children’s confidential data on social media, |
---|
391 | 391 | | 362unsecured cellphones, or other non-secure online platforms and if posting first acquire |
---|
392 | 392 | | 363permission from the guardian(s). |
---|
393 | 393 | | 364 (9) Provide that early education certification and re-certification provides relevant |
---|
394 | 394 | | 365education on cybersecurity, privacy, screen time and technology concerns. |
---|
395 | 395 | | 366 (10) Limit and discourage the posting of children’s confidential data on social media, |
---|
396 | 396 | | 367unsecured cellphones, or other non-secure online platforms and if posting first acquire |
---|
397 | 397 | | 368permission from the guardian(s). |
---|
398 | 398 | | 369 (11) Provide that early education certification and re-certification provides relevant |
---|
399 | 399 | | 370technology education on cybersecurity, privacy, cultural and electromagnetic hazards. |
---|
400 | 400 | | 371 (13) Discourage or limit the use of wireless devices, including video and voice devices |
---|
401 | 401 | | 372intended to monitor children. |
---|
402 | 402 | | 373 (14) Regulate screen time to prevent the impact of bright, artificial light from disrupting |
---|
403 | 403 | | 374circadian rhythms and sleep. |
---|
404 | 404 | | 375 (15) Test electric and magnetic fields to insure that the play and rest areas have at |
---|
405 | 405 | | 376minimum an extremely low frequency (ELF) and very low frequency (VLF) magnetic field less |
---|
406 | 406 | | 377than 100 microTesla (100 nT), an ELF and VLF electrical field less than 1 volt per meter (V/m), |
---|
407 | 407 | | 378and insure electrical equipment is kept away from play and rest areas – if stricter limits or 20 of 20 |
---|
408 | 408 | | 379policies are recommended by the state or federal government, adopt these stricter limits or |
---|
409 | 409 | | 380policies. |
---|
410 | 410 | | 381 (16) Avoid the use of wireless devices, such as routers or cellphones, and WiFi near or in |
---|
411 | 411 | | 382play or rest areas, or where children spend the majority of time. |
---|
412 | 412 | | 383 (17) Hard wire any necessary digital equipment and verify that wireless transmissions |
---|
413 | 413 | | 384have been and remain halted. |
---|
414 | 414 | | 385 (18) Adopt best practices to protect environmental health with regard to electromagnetic |
---|
415 | 415 | | 386and chemical emissions from electric equipment and digital technology. |
---|