EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0130* SENATE BILL 130 F1 5lr0757 (PRE–FILED) By: Senator Benson Senators Benson, Attar, Augustine, Brooks, Feldman, Hester, Waldstreicher, M. Washington, and Watson Requested: September 5, 2024 Introduced and read first time: January 8, 2025 Assigned to: Education, Energy, and the Environment Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 27, 2025 CHAPTER ______ AN ACT concerning 1 County Boards of Education – Student Cellular Device Use Policy – Established 2 Education – Student Personal Electronic Device Use Policy – Required 3 FOR the purpose of requiring each county board of education to develop and implement a 4 policy that prohibits students from using a cellular device during the school day 5 except under certain circumstances; and generally relating to county boards of 6 education and student cellular device use policy requiring the State Department of 7 Education to develop guidelines for a policy on student use of personal electronic 8 devices during school hours; requiring county boards of education, in consultation 9 with students, parents, teachers, and school personnel, to develop and adopt a policy 10 that limits students from using personal electronic devices during school hours 11 except under certain circumstances; and generally relating to county boards of 12 education and a personal electronic device use policy for students. 13 BY adding to 14 Article – Education 15 Section 4–147 16 Annotated Code of Maryland 17 (2022 Replacement Volume and 2024 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 2 SENATE BILL 130 Article – Education 1 4–147. 2 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 3 INDICATED. 4 (2) “CELLULAR DEVICE ” MEANS ANY PORTABLE , WIRELESS 5 COMMUNICATION DEVICE , INCLUDING A SMARTPHO NE, TABLET, OR WEARABLE 6 DEVICE. 7 (3) “INSTRUCTIONAL TIME ” MEANS ANY TIME DURIN G THE SCHOOL 8 DAY, EXCEPT A STUDENT ’S LUNCH PERIOD . 9 (B) EACH COUNTY BOARD SHA LL DEVELOP AND IMPLE MENT A POLICY TO 10 PROHIBIT THE USE OF A CELLULAR DEVICE BY STUDENTS DURING INST RUCTIONAL 11 TIME. 12 (C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , THE 13 POLICY DEVEL OPED UNDER THIS SECT ION SHALL: 14 (1) PROHIBIT A STUDENT FR OM USING A CELLULAR DEVICE DURING 15 INSTRUCTIONAL TIME ; AND 16 (2) REQUIRE A STUDENT TO STORE THE STUDENT ’S CELLULAR 17 DEVICE IN A SECURE S TORAGE CONTAINER . 18 (D) THE POLICY DEVELOPED UNDER THIS SECTIO N MAY NOT PROHIBIT A 19 STUDENT FROM USING A CELLULAR DEVICE : 20 (1) FOR ANY PURPOSE DOCUM ENTED IN A STUDENT ’S 21 INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 22 (2) TO MONITOR OR ADDRESS A STUDENT’S HEALTH ISSUE THAT HAS 23 BEEN DOCUMENTED BY A LICENSED MEDICAL PROFESSIONAL ; OR 24 (3) FOR EDUCATION PURPOSE S WHEN DIRECTED BY A N EDUCATOR 25 OR ADMINISTRATOR . 26 (E) THE POLICY DEVELOPED UNDER THIS SECTION S HALL INCLUDE 27 APPROPRIATE DISCIPLI NARY MEASURES FOR VI OLATIONS OF THE POLI CY. 28 SENATE BILL 130 3 (F) EACH COUNTY BOARD SHA LL NOTIFY STUDENTS , PARENTS AND 1 GUARDIANS, AND SCHOOL PERSONNEL OF THE POLICY DEVELO PED AND 2 IMPLEMENTED UNDER TH IS SECTION. 3 (A) IN THIS SECTION , “PERSONAL ELECTRONIC DEVICE” MEANS ANY 4 PORTABLE ELECTRONIC DEVICE FOR INDIVIDUA L USE, INCLUDING A SMARTPHO NE, 5 TABLET, LAPTOP, SMARTWATCH , OR ANY OTHER ELECTRO NIC DEVICE THAT IS 6 CAPABLE OF CONNECTIN G TO A SMARTPHONE OR A CELLULAR OR WI–FI NETWORK. 7 (B) THE DEPARTMENT , IN COLLABORATION WITH S TAKEHOLDERS , SHALL 8 DEVELOP GUIDELINES F OR A POLICY ON STUDE NT USE OF PERSONAL E LECTRONIC 9 DEVICES DURING SCHOO L HOURS, INCLUDING: 10 (1) MODEL POLICY OPTIONS FOR COUNTY BOARDS TO USE IN THE 11 DEVELOPMENT OF A POL ICY; 12 (2) CONSIDERATIONS FOR STUDENTS IN DIFF ERENT GRADE LEVELS ; 13 (3) CONSIDERATIONS FOR LE GAL EXEMPTIONS AND 14 ACCOMMODATIONS FOR S TUDENTS; AND 15 (4) RECOMMENDATIONS ON TH E LIMITATION OF STUD ENT USE OF 16 PERSONAL ELECTRONIC DEVICES DURING SCHOO L HOURS. 17 (C) (1) THE DEPARTMENT , IN COLLABORATION WITH S TAKEHOLDERS , 18 MAY PERIODICALLY UPD ATE THE GUIDELINES D EVELOPED UNDER SUBSE CTION (B) 19 OF THIS SECTION. 20 (2) THE DEPARTMENT MAY : 21 (I) COLLECT INFORMATION O N EACH COUNTY BOARD ’S 22 PERSONAL ELECTRONIC DEVICE USE POLICY ; AND 23 (II) USE THE INFORMATION COLL ECTED TO DEVELOP BES T 24 PRACTICES AND INFORM THE PERIODIC REVIEW OF THE GUIDELINES . 25 (D) (1) EACH COUNTY BOARD , IN CONSULTATION WITH PARENTS, 26 TEACHERS, STUDENTS, AND SCHOOL PERSONNEL , SHALL DEVELOP AND AD OPT A 27 POLICY THAT LIMITS A STUDENT FROM USING A PER SONAL ELECTRONIC DEV ICE 28 DURING SCHOOL HOURS . 29 (2) THE POLICY ADOPTED UN DER THIS SUBSECTION SHALL: 30 (I) PROVIDE EXCEPTIONS : 31 4 SENATE BILL 130 1. FOR ANY PURPOSE DOCUM ENTED IN A STUDENT ’S 1 INDIVIDUALIZED EDUCA TION PROGRAM OR SECTION 504 PLAN; 2 2. TO MONITOR OR ADDRESS A STUDENT ’S 3 DOCUMENTED HEALTH IS SUE; OR 4 3. WHEN DIRECTED BY AN E DUCATOR OR 5 ADMINISTRATOR FOR ED UCATIONAL PURPOSES ; 6 (II) BE PRINTED IN THE STU DENT HANDBOOK ; 7 (III) BE PROVIDED TO SCHOOL STAFF AND PERSONNEL ; AND 8 (IV) BE REVIEWED AND UPDAT ED EVERY 2 YEARS. 9 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10 1, 2025. 11 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.