25.1182.04002
Title.05000
Adopted by the House Education
Committee
Sixty-ninth
April 1, 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 personal electronic device policies.for an Act to create
and enact a new section to chapter 15.1-07 of the North Dakota Century Code, relating to the
use of personal electronic devices in schools which provide prekindergarten, elementary, or
secondary education.
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:
Personal electronic device policy.
1. As used in this section, "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 August 1, 2026, a school district in coordination with the board of the school
district shall adopt and implement a 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 personal electronic device during school hours;
b. Authorizes a teacher to allow a student to use a personal electronic device for
educational purposes during instructional time;
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c. Permits a student to use a personal electronic device to manage the student's
health care, as documented by a licensed 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 personal
electronic device during school hours if the use of the personal electronic device is
included in the student's individualized education program 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 personal electronic device policy.
d. Annually review and update policies based on emerging research and data
regarding personal electronic device use in schools.
SECTION 1. A new section to chapter 15.1-07 of the North Dakota Century Code is created
and enacted as follows:
Personal electronic devices - Prohibition during instructional time.
1. As used in this section:
a. "Instructional time" means the time from the start of the school day until dismissal
at the end of the school day on school premises, for which the signal may be the
ringing of a bell, including a structured or unstructured learning experience,
recess, lunch period, and time in between classes. The term does not include
private student travel time to and from an area career and technology center or
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other offsite learning experience, or instructional time occurring in virtual
environments off school premises.
b. "Parent" means a parent or guardian of a student who is authorized to make
decisions regarding education for the student.
c. "Personal electronic communication device" means a portable electronic device
capable of communication by voice, text, or other data with one or more other
parties or devices, or capable of connection to a smartphone, the internet, or a
cellular or wireless fidelity network, including a smartphone, cell phone,
bluetooth-enabled device, tablet, smartwatch or other wearable device, and
gaming device. The term does not include:
(1) School-owned devices provided to and school approved devices used by a
student in accordance with this section.
(2) Portable devices that meet the definition of a medical device under the
federal Food, Drug and Cosmetic Act [21 U.S.C. 9 et seq.].
d. "School" means a public school or nonpublic school providing prekindergarten,
elementary, or secondary education including area career and technology
centers. The term does not include virtual schools, virtual instruction, the North
Dakota center for distance education, or education occurring in a home school
environment.
e. "School-related activity" means a school sanctioned activity, event, or function,
occurring outside of instructional time, at which students are under supervision of
the school, whether on or off school premises, including a bus ride, field trip,
sporting event, and school dance.
f. "Student" means an individual currently enrolled or registered at a school as
defined under subdivision d of this section.
2. Each school district or applicable governing body shall adopt and implement a policy
for schools which:
a. Requires all personal electronic communication devices be silenced or be turned
off, securely stowed away, and inaccessible to students during instructional time;
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b. Provides schools may limit or allow student access to personal electronic
communication devices outside of instructional time, during a school-related
activity;
c. Includes enforcement provisions to ensure strict compliance with the policy by
students and school employees; and
d. Provides a student may contact the student's parent or authorized caregiver
during the school day if needed by using a school telephone made available to
the student in a manner and location designated by the school.
3. Notwithstanding subsection 2, a school may not prohibit a student from possessing or
using a personal electronic communication device, if:
a. A medical provider licensed under title 43 determines the possession or use of a
personal electronic communication device is necessary for the health or well-
being of the student; or
b. The possession or use of a personal electronic communication device is required
by the student's individual education program under:
(1) The Individuals with Disabilities Act [20 U.S.C. 1400];
(2) Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794]; or
(3) A plan developed in accordance with state or federal law requiring
accommodation.
4. A school district shall collect data annually to determine the impact of its policy on
student behavior, mental health, disciplinary incidents, school attendance, and
academic performance. By July 1, 2026, the superintendent of public instruction shall
establish a uniform system for reporting data collected under this section by school
districts.
5. Upon the adoption and implementation of a policy in accordance with this section, a
school district shall:
a. Ensure the policy is communicated to students, parents, and authorized
caregivers; and
b. Publish the policy in student and personnel handbooks.
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