Pupils: use of smartphones., the official text

An act to amend Section 48901.7 of the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires the governing board of a school district, a county board of education, or the governing body of a charter school, by July 1, 2026, to develop and adopt, and update every 5 years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.
This bill would expressly authorize the above-described policy to limit or prohibit the use of smartphones to include, but not be limited to, a scheduled-based restriction policy, as defined, or a full-day restriction policy, as defined.

The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares that schools are encouraged to improve access to media literacy through media literacy classes, extracurricular opportunities, open tech days, and any other options in order to encourage the responsible and safe use of technology in schools.

SEC. 2.
Section 48901.7 of the Education Code is amended to read:
48901.7.
(a) (1) (A) The governing board of a school district, a county board of education, or the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.
(B) The policy adopted pursuant to subparagraph (A) may include, but is not limited to, a schedule-based restriction policy or full-day restriction policy.
(2) The goal of the policy adopted pursuant to paragraph (1) shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also include enforcement mechanisms that limit access to smartphones.
(b) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:
(1) In the case of an emergency, or in response to a perceived threat of danger.
(2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator.
(3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil.
(4) When the possession or use of a smartphone is required in a pupil’s individualized education program.
(c) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities.
(d) For purposes of this section, the following definitions apply:
(1) “Full-day restriction policy” means a policy that prohibits the use of smartphones by pupils during the schoolday, including during instructional time, lunch or free periods, and passing time.
(2) “Schedule-based restriction policy” means a policy that prohibits the use of smartphones by pupils at certain times of the schoolday, such as during instruction, and permits the limited use of smartphones by pupils at other times of the schoolday, such as during breaks or lunch periods.