The bill introduced by Senators Smith and Woelfel aims to amend the Code of West Virginia by adding a new section, 18-2-46, which establishes limitations on the use of cell phones and other electronic devices in classrooms for elementary and secondary school students. Under this new provision, students are prohibited from having their cell phones visible, audible, or in use during instructional time, and these devices must be stored in a backpack, purse, or locker. Additionally, students are not allowed to use headphones or earbuds during class, although they may wear smartwatches as long as they do not distract from the learning environment. The bill also allows for the use of cell phones and other devices during non-instructional times, such as passing periods and lunch.

Furthermore, the bill mandates that teachers provide opportunities for students to store their devices in a collective pouch and grants teachers the authority to confiscate devices to ensure compliance, with the stipulation that confiscated items must be returned by the end of the school day. Exceptions to the prohibition on device use are made for emergencies, compliance with disability laws, or when authorized by a teacher or administrator. The State Board of Education is tasked with creating legislative rules to implement these provisions and establish standards for county school boards to develop additional policies as necessary.

Statutes affected:
Introduced Version: 18-2-46