25.1182.02001 Title.03000 Adopted by the Education Committee Sixty-ninth February 10, 2025 Legislative Assembly of North Dakota Introduced by Senators Axtman, Cleary, Sickler, Thomas Representatives Bosch, O'Brien A BILL for an Act to create and enact a new section to chapter 15.1-07 of the North Dakota Century Code, relating to school district wireless communicationpersonal electronic device policies; and to provide an appropriation. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 15.1-07 of the North Dakota Century Code is created and enacted as follows: Wireless communication Personal electronic device policy. 1.As used in this section, " wireless communication personal electronic device" means a portable wireless device with the capability to provide voice, messaging, or other data communication between two or more parties, including a cell phone, tablet computer, laptop computer, or gaming device. 2.Before January 1, 2027 August 1, 2026 , a school district in coordination with the board of the school district shall adopt and implement a wireless communication personal electronic device policy that: a.Except as provided in subdivisions b and c and subsection 3, minimizes or prohibits a student from using a wireless communication personal electronic device during school hours; b.Authorizes a teacher to allow a student to use a wireless communication personal electronic device for educational purposes during instructional time; Page No. 1 25.1182.02001 SENATE BILL NO. 2354 PROPOSED AMENDMENTS TO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Sixty-ninth Legislative Assembly c.Permits a student to use a wireless communication personal electronic device to manage the student's health care, as determined documented by a licensed physician treating provider or in accordance with an individual health plan ; d.Is consistent across grade levels; and e.Promotes evidence-based smartphone practices to support student learning and well-being. 3.The policy under subsection 2 may not prohibit a student from using a wireless communication personal electronic device during school hours if the use of the wireless communication personal electronic device is included in the student's individualized education program or in accordance with the Individuals with Disabilities Education Act [29 U.S.C. 1400], a plan developed under section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794] , or any other applicable law . 4.A school district shall: a.Solicit input from stakeholders to develop the policy under subsection 2 to ensure the policy is responsive to the unique needs and desires of students, parents, and educators in the community. b.Ensure the policy carefully considers the retention of possession and security against loss or theft of the personal electronic devices. c. Publish on its website the wireless communication personal electronic device policy. c. d . Annually review and update policies based on emerging research and data regarding wireless communication personal electronic device use in schools. 5. The superintendent of public instruction shall identify and provide information on approved secure storage containers to the re questing school districts. SECTION 2. APPROPRIATION - DEPARTMENT OF PUBLIC INSTRUCTION - ONE-TIME FUNDING. There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $300,000, or so much of the sum as may be necessary, to the superintendent of public instruction for the purpose of providing funds to a school district upon the request of the board of a school district to acquire approved secure containers to store each student's personal electronic device, in accordance with the established school district Page No. 2 25.1182.02001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sixty-ninth Legislative Assembly plan, for the biennium beginning July 1, 2025, and ending June 30, 2027. The funding provided in this section is considered a one time funding item. Page No. 3 25.1182.02001 1 2