Wireless communication device policy., the official text

Second Regular Session of the 124th General Assembly (2026)

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between statutes enacted by the 2025 Regular Session of the General Assembly.

   SENATE ENROLLED ACT No. 78

   AN ACT to amend the Indiana Code concerning education.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 20-26-5-40.7, AS ADDED BY P.L.24-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 40.7. (a) As used in this section, "instructional
time" has the meaning set forth in IC 20-30-2-1. "school day" means
the entirety of the time a student is present on school property for
a student instructional day (as defined in IC 20-30-2-2).

   (b) As used in this section, "school sanctioned wireless
communication device" means a wireless communication device
that:

      (1) is owned by a student or a third party vendor;
      (2) is approved by the school for instructional use;
      (3) is required or permitted by the school for participation in
      classroom instruction;
      (4) is subject to school managed network controls, filtering, or
      monitoring that restrict access to noninstructional content
      during the school day; and
      (5) is not a cellular telephone, gaming device, or smartwatch
      described in subsection (c)(5).
This subsection expires July 1, 2028.
   (b) (c) As used in this section, "wireless communication device"
means any portable wireless device that has the capability to provide
voice, messaging, or other data communication between two (2) or

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more parties, including a:
      (1) cellular telephone;
      (2) tablet computer;
      (3) laptop computer; or
      (4) gaming device; or
      (5) smartwatch that is connected to a cellular telephone, a cell
      tower, or the Internet.

The term does not include a device described in subsection (i).
   (c) (d) Except as provided in subsection (e), each school

corporation and charter school shall adopt and implement a wireless
communication device policy that does the following:

      (1) Except as provided in subdivisions (2) and (3), subdivision
      (2), and subsection (d), prohibits a student from using a wireless
      communication device during instructional time; the school day.
      (2) authorizes a teacher to allow a student to use a wireless
      communication device for educational purposes during
      instructional time; and
      (3) permits a student to use a wireless communication device in
      the event of an emergency or to manage the student's health care.
      (2) Requires teacher directed use of a wireless communication
      device for educational purposes during the school day to
      occur only on the following:

         (A) Before July 1, 2028, on:
            (i) a school supplied wireless communication device; or
            (ii) if the school corporation or charter school does not
            provide a school supplied wireless communication
            device, a school sanctioned wireless communication
            device.

         This clause expires July 1, 2028.
         (B) After June 30, 2028, a school supplied wireless
         communication device.
      (3) Mandates one (1) of the following policies:
         (A) A no device policy under which students are not
         permitted to bring wireless communication devices to
         school.
         (B) A storage policy under which wireless communication
         devices may be brought to school, but must be stored away,
         powered off, and inaccessible to a student throughout the
         school day.
   (d) (e) The policy adopted and implemented under subsection (c)
(d) may not prohibit a student from using a wireless communication
device during instructional time the school day if the use of the

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wireless communication device is: included in the student's:
      (1) included in the student's individualized education program;
      or
      (2) included in the student's plan developed under Section 504
      of the federal Rehabilitation Act of 1973, 29 U.S.C. 794;
      (3) necessary for the management of a documented medical
      condition pursuant to an order provided by a licensed health
      care provider;
      (4) authorized by the superintendent or the superintendent's
      designee at the appropriate time during an emergency, as
      determined by the superintendent or designee; or
      (5) necessary for language translation to ensure access for
      multi-lingual learners, prioritizing school-managed wireless
      communication devices or applications where available.

   (e) (f) Each school corporation and charter school shall publish on
its website the wireless communication device policy established under
subsection (c). (d).

   (g) The department shall publish model policy language and
implementation guidance consistent with this section, which may
include guidance for how existing lockers and resources can be
used to comply with this section.

   (h) A school corporation, a school maintained by a school
corporation, a charter school, and personnel of a school
corporation, a school maintained by a school corporation, or a
charter school, are immune from civil liability for any actions
taken in good faith to comply with this section. The civil immunity
under this subsection does not apply to an act or omission that
constitutes gross negligence or willful, wanton, or intentional
misconduct.

   (i) Notwithstanding subsections (a) through (g), a student may
possess and use an unobtrusive audio recording device solely for
the student's individual educational notetaking or personal
learning assistance if the device:

      (1) is designed principally to capture spoken word audio for
      the purpose described in this subsection, including through
      recording, transcription, summarization, or other personal
      assistant functionality;
      (2) does not capture, store, or transmit images or video;
      (3) is visible to the classroom teacher or other appropriate
      school personnel at all times while in use;
      (4) is provided to the school for inspection upon request; and
      (5) is used in a manner consistent with applicable state and

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      federal law governing consent to audio recording.
   (j) Except as provided in subsection (e), nothing in the
exemption under subsection (i) shall be interpreted to limit a
school's authority to adopt and enforce policies to control or
restrict the possession or use of audio recording devices described
in subsection (i), including policies that:

      (1) restrict where and when such devices may be used while at
      school;
      (2) prohibit the use of the devices during an assessment or
      other activity designated by the school;
      (3) prohibit the real time transmission, broadcasting, or live
      streaming of audio recorded by the devices;
      (4) require advance notification to either a classroom teacher
      or building administrator as may be applicable in the school's
      policy before use;
      (5) require that recorded material be stored, retained, or
      deleted in a manner consistent with school policy; and
      (6) require consent requirements consistent with applicable
      law for the recording of another student or school employee.
   (k) A school corporation or charter school that adopts a policy
under this section that permits the possession or use of an audio
recording device under subsection (i) shall include in the policy a
provision that a recording made under subsection (i) may not be
used for a disciplinary, evaluative, or supervisory purpose against
a:
      (1) student; or
      (2) school employee.
   SECTION 2. IC 34-30-2.1-271.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 271.5. IC 20-26-5-40.7
(Concerning school corporations, schools maintained by school
corporations, charter schools, school personnel, and compliance
with a school's wireless communication device policy).

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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