Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Requires cell phone and social media policy to be developed by DOE and adopted in schools.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student use of cell phones and social media platforms and supplementing chapter 36 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. To assist school districts in developing policies concerning student use of cell phones and social media platforms during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education, the Commissioner of Education shall develop a policy applicable to students enrolled in grades kindergarten through 12. The policy shall be issued no later than 90 days after the effective date of this act.
b. The policy shall, at a minimum:
(1) provide age appropriate and grade-level differentiated policies concerning limiting and prohibiting student use of cell phones and social media platforms;
(2) prohibit non-academic use of a cell phone or social media during classroom instruction;
(3) be consistent with State and federal law, including accommodations provided in a students Individualized Education Program or educational plan established pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. s.1400 et seq., or section 504 of the Rehabilitation Act of 1973, 29 U.S.C. s.794;
(4) permit student use of cell phones in the case of an emergency or in response to a perceived threat of danger;
(5) permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student;
(6) address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches;
(7) list options that may be utilized by a school district for cell phone storage, including locked pouches and cell phone lockers;
(8) provide guidance for a school district to establish network-based restrictions to prevent the use of, or access to, social media platforms; and
(9) detail protocols for communicating the districts policy concerning student use of cell phones and social media platforms to students, their families, and teaching staff members.
c. The policy shall promote student learning and well-being. In developing the policy, the commissioner shall involve stakeholders to ensure that the policies are responsive to the needs of students, parents, and teaching staff members.
d. A board of education shall, except as otherwise exempt pursuant to subsection e. of this section, adopt a policy concerning student use of cell phones and social media platforms during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. The policy shall be consistent with the policy developed pursuant to subsection a. of this section.
e. The commissioner may, upon submission of an application to the commissioner in a manner and form to be determined by the commissioner, exempt a board of education from the requirements of subsection d. of this section.
f. Nothing in this section shall be construed to prevent a school district from adopting a policy on the use of cell phones and social media platforms by students enrolled in the district that is more stringent than the policy developed by the commissioner pursuant to subsection a. of this section.
2. This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.
STATEMENT
This bill requires the Commissioner of Education to develop a policy concerning student use of cell phones and social media and requires a board of education to adopt a policy concerning student use of cell phones and social media.
Under the bill, the commissioner is to develop a policy applicable to students enrolled in grades kindergarten through 12 concerning student use of cell phones and social media platforms during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education.
The policy is to, at a minimum, (1) provide age appropriate and grade-level differentiated policies concerning limiting and prohibiting student use of cell phones and social media platforms; (2) prohibit non-academic use of a cell phone or social media during classroom instruction; (3) be consistent with State and federal law including accommodations provided in a students Individualized Education Program or educational plan; (4) permit student use of cell phones in the case of an emergency or in response to a perceived threat of danger; (5) permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student; (6) address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches; (7) list options that may be utilized by a school district for cell phone storage, including locked pouches and cell phone lockers; (8) provide guidance for a school district to establish network-based restrictions to prevent the use of, or access to, social media platforms; and (9) detail protocols for communicating the districts policy concerning student use of cell phones and social media platforms to students, their families, and teaching staff members.
The bill also requires each board of education to adopt a policy concerning student use of cell phones and social media platforms during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. The policy is to be consistent with the policy developed by the commissioner.
Additionally, the bill permits the commissioner to grant an exemption to a board of education for the requirement to adopt the policy upon submission of an application by the board.