| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 13 |
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| 6 | 5 | | By Cepicky |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0013 |
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| 10 | 9 | | 000036 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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| 14 | 13 | | relative to communication devices at schools. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 2, Part 1, is amended by |
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| 18 | 17 | | adding the following as a new section: |
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| 19 | 18 | | (a) As used in this section, "wireless communication device": |
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| 20 | 19 | | (1) Means a portable wireless device that has the capability to provide |
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| 21 | 20 | | voice, messaging, or other data communication between two (2) or more parties, |
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| 22 | 21 | | including, but not limited to: |
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| 23 | 22 | | (A) Cellular telephones; |
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| 24 | 23 | | (B) Tablet computers; |
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| 25 | 24 | | (C) Laptop computers; and |
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| 26 | 25 | | (D) Gaming devices; and |
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| 27 | 26 | | (2) Does not include a portable wireless device that has the capability to |
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| 28 | 27 | | provide voice, messaging, or other data communication between two (2) or more |
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| 29 | 28 | | parties, if such capability is restricted by software. |
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| 30 | 29 | | (b) Each local board of education and each public charter school governing body |
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| 31 | 30 | | shall adopt and implement a wireless communication device policy that: |
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| 32 | 31 | | (1) Except as provided in subdivisions (b)(2)-(4), prohibits a student from |
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| 33 | 32 | | using a wireless communication device during instructional time; |
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| 34 | 33 | | (2) Authorizes a teacher to allow a student to use a wireless |
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| 35 | 34 | | communication device for educational purposes during instructional time; |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 000036 |
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| 39 | 38 | | |
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| 40 | 39 | | (3) Permits a student to use a wireless communication device in the |
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| 41 | 40 | | event of an emergency or to manage the student's health; and |
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| 42 | 41 | | (4) Permits a student to use a wireless communication device during |
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| 43 | 42 | | instructional time if the student's use of the wireless communication device is |
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| 44 | 43 | | included in the student's: |
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| 45 | 44 | | (A) Individualized education program under the Individuals with |
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| 46 | 45 | | Disabilities Education Act (20 U.S.C. § 1400 et seq.); or |
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| 47 | 46 | | (B) Active 504 plan developed under Section 504 of the |
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| 48 | 47 | | Rehabilitation Act of 1973 (29 U.S.C. § 794). |
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| 49 | 48 | | (c) Each LEA and public charter school shall publish the wireless communication |
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| 50 | 49 | | device policy established pursuant to subsection (b) on its website. |
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| 51 | 50 | | SECTION 2. Tennessee Code Annotated, Section 49-6-4002, is amended by deleting |
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| 52 | 51 | | subsection (h) and substituting: |
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| 53 | 52 | | (h) A discipline policy or code of conduct adopted by a local board of education |
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| 54 | 53 | | or public charter school governing body may authorize a teacher to withhold a student's |
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| 55 | 54 | | wireless communication device from the student for the duration of the instructional time |
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| 56 | 55 | | if the student is noncompliant with the LEA's or public charter school's wireless |
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| 57 | 56 | | communication device policy adopted pursuant to Section 1. As used in this subsection |
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| 58 | 57 | | (h), "wireless communication device" has the same meaning as defined in Section 1. |
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| 59 | 58 | | SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and |
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| 60 | 59 | | applies to the 2025-2026 school year and each school year thereafter. |
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