North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2354 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.1182.~~05000~~
	1	+	25.1182.04000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Senators Axtman, Cleary, Sickler, Thomas
7	7		Representatives Bosch, O'Brien
8	8		A BILL for an Act to create and enact a new section to chapter 15.1-07 of the North Dakota
9		-	Century Code, relating to the use of personal electronic devices in schools which provide
10		-	prekindergarten, elementary, or secondary education.
	9	+	Century Code, relating to school district personal electronic device policies.
11	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	11		SECTION 1. A new section to chapter 15.1-07 of the North Dakota Century Code is created
13	12		and enacted as follows:
14		-	Personal electronic devices - Prohibition during instructional time.
15		-	1.As used in this section:
16		-	a."Instructional time" means the time from the start of the school day until dismissal
17		-	at the end of the school day on school premises, for which the signal may be the
18		-	ringing of a bell, including a structured or unstructured learning experience,
19		-	recess, lunch period, and time in between classes. The term does not include
20		-	private student travel time to and from an area career and technology center or
21		-	other offsite learning experience, or instructional time occurring in virtual
22		-	environments off school premises.
23		-	b."Parent" means a parent or guardian of a student who is authorized to make
24		-	decisions regarding education for the student.
25		-	c."Personal electronic communication device" means a portable electronic device
26		-	capable of communication by voice, text, or other data with one or more other
27		-	parties or devices, or capable of connection to a smartphone, the internet, or a
28		-	cellular or wireless fidelity network, including a smartphone, cell phone,
29		-	Page No. 1 25.1182.05000
	13	+	Personal electronic device policy.
	14	+	1.As used in this section, " personal electronic device" means a portable wireless device
	15	+	with the capability to provide voice, messaging, or other data communication between
	16	+	two or more parties, including a cell phone, tablet computer, laptop computer, or
	17	+	gaming device.
	18	+	2.Before August 1, 2026, a school district in coordination with the board of the school
	19	+	district shall adopt and implement a personal electronic device policy that:
	20	+	a.Except as provided in subdivisions b and c and subsection 3, minimizes or
	21	+	prohibits a student from using a personal electronic device during school hours;
	22	+	b.Authorizes a teacher to allow a student to use a personal electronic device for
	23	+	educational purposes during instructional time;
	24	+	c.Permits a student to use a personal electronic device to manage the student's
	25	+	health care, as documented by a licensed treating provider or in accordance with
	26	+	an individual health plan;
	27	+	d.Is consistent across grade levels; and
	28	+	e.Promotes evidence-based smartphone practices to support student learning and
	29	+	well-being.
	30	+	Page No. 1 25.1182.04000
30	31		REENGROSSED SENATE BILL NO. 2354
31	32		SECOND ENGROSSMENT
32		-	with House Amendments
33		-	1
34		-	2
35		-	3
36		-	4
37		-	5
38		-	6
39		-	7
40		-	8
41		-	9
42		-	10
43		-	11
44		-	12
45		-	13
46		-	14
47		-	15
48		-	16
49		-	17
50		-	18
51		-	19
52		-	20
53		-	21 Sixty-ninth
54		-	Legislative Assembly
55		-	bluetooth-enabled device, tablet, smartwatch or other wearable device, and
56		-	gaming device. The term does not include:
57		-	(1)School-owned devices provided to and school approved devices used by a
58		-	student in accordance with this section.
59		-	(2)Portable devices that meet the definition of a medical device under the
60		-	federal Food, Drug and Cosmetic Act [21 U.S.C. 9 et seq.].
61		-	d."School" means a public school or nonpublic school providing prekindergarten,
62		-	elementary, or secondary education including area career and technology
63		-	centers. The term does not include virtual schools, virtual instruction, the North
64		-	Dakota center for distance education, or education occurring in a home school
65		-	environment.
66		-	e."School-related activity" means a school sanctioned activity, event, or function,
67		-	occurring outside of instructional time, at which students are under supervision of
68		-	the school, whether on or off school premises, including a bus ride, field trip,
69		-	sporting event, and school dance.
70		-	f."Student" means an individual currently enrolled or registered at a school as
71		-	defined under subdivision d of this section.
72		-	2.Each school district or applicable governing body shall adopt and implement a policy
73		-	for schools which:
74		-	a.Requires all personal electronic communication devices be silenced or be turned
75		-	off, securely stowed away, and inaccessible to students during instructional time;
76		-	b.Provides schools may limit or allow student access to personal electronic
77		-	communication devices outside of instructional time, during a school-related
78		-	activity;
79		-	c.Includes enforcement provisions to ensure strict compliance with the policy by
80		-	students and school employees; and
81		-	d.Provides a student may contact the student's parent or authorized caregiver
82		-	during the school day if needed by using a school telephone made available to
83		-	the student in a manner and location designated by the school.
84		-	3.Notwithstanding subsection 2, a school may not prohibit a student from possessing or
85		-	using a personal electronic communication device, if:
86		-	Page No. 2 25.1182.05000
87	33		1
88	34		2
89	35		3
90	36		4
91	37		5
92	38		6
93	39		7
94	40		8
95	41		9
96	42		10
97	43		11
98	44		12
99	45		13
100	46		14
101	47		15
102	48		16
103	49		17
104	50		18
105	51		19
106	52		20
107	53		21
108		-	22
109		-	23
110		-	24
111		-	25
112		-	26
113		-	27
114		-	28
115		-	29
116		-	30
117		-	31 Sixty-ninth
	54	+	22 Sixty-ninth
118	55		Legislative Assembly
119		-	a.A medical provider licensed under title 43 determines the possession or use of a
120		-	personal electronic communication device is necessary for the health or well-
121		-	being of the student; or
122		-	b.The possession or use of a personal electronic communication device is required
123		-	by the student's individual education program under:
124		-	(1)The Individuals with Disabilities Act [20 U.S.C. 1400];
125		-	(2)Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794]; or
126		-	(3)A plan developed in accordance with state or federal law requiring
127		-	accommodation.
128		-	4.A school district shall collect data annually to determine the impact of its policy on
129		-	student behavior, mental health, disciplinary incidents, school attendance, and
130		-	academic performance. By July 1, 2026, the superintendent of public instruction shall
131		-	establish a uniform system for reporting data collected under this section by school
132		-	districts.
133		-	5.Upon the adoption and implementation of a policy in accordance with this section, a
134		-	school district shall:
135		-	a.Ensure the policy is communicated to students, parents, and authorized
136		-	caregivers; and
137		-	b.Publish the policy in student and personnel handbooks.
138		-	Page No. 3 25.1182.05000
	56	+	3.The policy under subsection 2 may not prohibit a student from using a personal
	57	+	electronic device during school hours if the use of the personal electronic device is
	58	+	included in the student's individualized education program in accordance with the
	59	+	Individuals with Disabilities Education Act [29 U.S.C. 1400], a plan developed under
	60	+	section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794], or any other
	61	+	applicable law.
	62	+	4.A school district shall:
	63	+	a.Solicit input from stakeholders to develop the policy under subsection 2 to ensure
	64	+	the policy is responsive to the unique needs and desires of students, parents,
	65	+	and educators in the community.
	66	+	b.Ensure the policy carefully considers the retention of possession and security
	67	+	against loss or theft of the personal electronic devices.
	68	+	c.Publish on its website the personal electronic device policy.
	69	+	d.Annually review and update policies based on emerging research and data
	70	+	regarding personal electronic device use in schools.
	71	+	Page No. 2 25.1182.04000
139	72		1
140	73		2
141	74		3
142	75		4
143	76		5
144	77		6
145	78		7
146	79		8
147	80		9
148	81		10
149	82		11
150	83		12
151	84		13
152	85		14
153	86		15
154		-	16
155		-	17
156		-	18
157		-	19