By: Creighton, et al. S.B. No. 2365
A BILL TO BE ENTITLED
AN ACT
relating to a policy prohibiting the use of personal wireless
communication devices by public school students during
instructional time.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0232 to read as follows:
Sec. 38.0232. STUDENT USE OF PERSONAL WIRELESS
COMMUNICATION DEVICES DURING INSTRUCTIONAL TIME PROHIBITED. (a)
In this section, "personal wireless communication device" means an
electronic device, other than a device issued to an enrolled
student by a school district or open-enrollment charter school,
that is capable of transmitting or receiving data, such as text
messages, including:
(1) a laptop computer;
(2) a cell phone, such as a smartphone; or
(3) a tablet.
(b) Notwithstanding Section 38.0231, the board of trustees
of a school district and the governing body of an open-enrollment
charter school shall adopt a policy prohibiting a student in the
district or school from using a personal wireless communication
device during instructional time.
(c) In adopting the policy, the board of trustees or
governing body must authorize the use of a personal wireless
communication device:
(1) necessary to implement an individualized
education program, a plan created under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;
(2) by a student with a documented need based on a
directive from a qualified physician; or
(3) necessary to comply with a health or safety
requirement imposed by law or included in the district's or school's
safety protocols.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.