PRINTER'S NO. 1389 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.1238 Session of 2025 INTRODUCED BY GLEIM, GAYDOS, OLSOMMER, PICKETT, M. MACKENZIE, STAATS, ANDERSON, JAMES, SCHEUREN, ORTITAY, ROWE, KUZMA, COOPER AND KAUFFMAN, APRIL 17, 2025 REFERRED TO COMMITTEE ON EDUCATION, APRIL 17, 2025 AN ACT Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools; amending, revising, consolidating and changing the laws relating thereto ," in pupils and attendance, providing for restricting possession and use by students of mobile devices. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is amended by adding a section to read: Section 1317.4. Restricting Possession and Use by Students of Mobile Devices.--(a) Except as otherwise provided in this section and in accordance with the policy adopted under subsection (b), a student attending a school entity may not possess or use a mobile device during instructional time in a school building of the school entity. (b) The governing body of a school entity shall adopt a policy that restricts students from possessing or using mobile 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 devices during instructional time. (c) The policy adopted under subsection (b) shall: (1) Specify procedures for a student to deposit the student's mobile device in a lockbox, case, pouch with a locking mechanism or other secure location during instructional time in a school building of the school entity. (2) Specify procedures for a student to retrieve the student's mobile device from the lockbox, case, pouch with a locking mechanism or other secure location. (3) Specify procedures for students and parents to contact one another during instructional time. (d) The policy adopted under subsection (b) may not limit a student's use of a mobile device when the student: (1) is a member of a volunteer fire company, ambulance or rescue squad and the use is for the performance of an official duty as a member of the volunteer fire company, ambulance or rescue squad; (2) has a need for the mobile device due to the medical condition of the student or an immediate family member of the student; (3) has a disability and use of a mobile device is required by the student's individualized education plan; (4) is an English language learner and uses the mobile device for translation purposes; (5) has permission from a teacher to use a mobile device for educational purposes during instructional time; or (6) is otherwise permitted to do so under the policy. (e) The policy under subsection (b) shall be adopted at an open meeting of the governing body of the school entity where members of the public have the opportunity to provide feedback 20250HB1238PN1389 - 2 - 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 on the policy. (f) At the beginning of each school year, a school entity shall inform parents and legal guardians, teachers and students of the policy adopted under subsection (b) and any changes to the policy since the previous school year, if applicable. (g) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Instructional time." The time during which students participate in an approved course, curriculum or other educationally related activity under the direction of a teacher. The term does not include a period of time between classes, lunch or recess. "Mobile device." A personal mobile telephone or other portable electronic communication device, not owned by a school entity or issued by a school entity to a student, with which a user can engage in a call or write or send a message. The term includes a device in which the user can play a game or watch a video. "School entity." A school district, intermediate unit, area career and technical school, charter school or regional charter school or cyber charter school operating within this Commonwealth. Section 2. This act shall take effect in 60 days. 20250HB1238PN1389 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24