County Boards of Education - Student Electronic Communication Device Use Policy - Establishment (Joanne C. Benson Maryland Phone-Free Schools Act), the official text

WES MOORE, Governor                        Ch. 596

Chapter 596

             (House Bill 525)

AN ACT concerning

  County Boards of Education – Student Electronic Communication Device Use
                                             Policy – Establishment

                                  (Maryland Phone–Free Schools Act)
                     (Joanne C. Benson Maryland Phone–Free Schools Act)

FOR the purpose of requiring each county board of education to develop and implement,
         not later than a certain school year, a policy limiting prohibiting the use of an
         electronic communication device by a student during the school day except under
         certain circumstances; and generally relating to county boards of education and a
         student electronic communication device use policy.

BY adding to
         Article – Education
         Section 7–137
         Annotated Code of Maryland
         (2025 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

             Article – Education

7–137.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “ACADEMIC SCHOOL DAY” MEANS ANY STRUCTURED OR

UNSTRUCTURED LEARNING EXPERIENCE THAT OCCURS FROM WHEN THE FIRST
BELL RINGS AT THE START OF THE SCHOOL DAY UNTIL THE DISMISSAL BELL RINGS

AT THE END OF THE SCHOOL DAY, INCLUDING INSTRUCTIONAL PERIODS, LUNCH,
RECESS, PASSING PERIODS, AND TRANSITIONAL PERIODS.

                (3) (I) “ELECTRONIC COMMUNICATION DEVICE” MEANS ANY

PORTABLE ELECTRONIC DEVICE CARRIED OR TRANSPORTED BY A STUDENT TO

RECEIVE, SEND, OR RECORD VOICE, IMAGE, OR TEXT CONTENT, INCLUDING CELL
PHONES, TABLETS, LAPTOPS, SMART WATCHES, WIRELESS EARBUDS OR
HEADPHONES, GEOLOCATION DEVICES, AND ANY OTHER DEVICE WITH
COMMUNICATION FUNCTIONS.

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Ch. 596           2026 LAWS OF MARYLAND

                         (II) “ELECTRONIC COMMUNICATION DEVICE” DOES NOT

INCLUDE AN ELECTRONIC COMMUNICATION DEVICE PROVIDED BY A COUNTY BOARD

FOR INSTRUCTIONAL PURPOSES.

                (4) “SOCIAL MEDIA PLATFORM” MEANS AN INTERNET–BASED
APPLICATION, WEBSITE, OR DIGITAL SERVICE THAT ENABLES USERS TO CREATE,
SHARE, OR VIEW CONTENT OR TO INTERACT WITH OTHER USERS THROUGH
PROFILES, ACCOUNTS, FEEDS, MESSAGING, COMMENTS, REACTIONS, OR SIMILAR
SOCIAL FEATURES, AND THAT IS PRIMARILY DESIGNED TO FACILITATE SOCIAL
INTERACTION, USER–GENERATED CONTENT, OR CONTENT DISTRIBUTION TO A
BROAD OR SEMI–PUBLIC AUDIENCE.

         (4) (5)  “STORE” MEANS TO SECURE IN A MANNER DETERMINED BY

THE COUNTY BOARD TO ENSURE THE ELECTRONIC COMMUNICATION DEVICE IS NOT

CARRIED ON THE STUDENT’S PERSON DURING THE ACADEMIC SCHOOL DAY.

        (B) THIS SECTION DOES NOT APPLY TO THE MARYLAND SCHOOL FOR THE
BLIND OR THE MARYLAND SCHOOL FOR THE DEAF.

(B) (C)      NOT LATER THAN THE 2027–2028 SCHOOL YEAR, EACH COUNTY

BOARD SHALL DEVELOP AND IMPLEMENT A POLICY TO LIMIT PROHIBIT THE USE OF

ELECTRONIC COMMUNICATION DEVICES BY STUDENTS DURING THE ACADEMIC

SCHOOL DAY.

(C) (D)      EXCEPT AS PROVIDED IN SUBSECTION (D) (E) OF THIS SECTION,

THE POLICY DEVELOPED UNDER THIS SECTION SHALL:

                (1) PROHIBIT A STUDENT FROM USING AN ELECTRONIC
COMMUNICATION DEVICE DURING THE ACADEMIC SCHOOL DAY;

                (2) REQUIRE A STUDENT TO STORE THE STUDENT’S ELECTRONIC
COMMUNICATION DEVICE DURING THE ACADEMIC SCHOOL DAY;

                (3) PROHIBIT A STUDENT FROM USING THE SOCIAL MEDIA

APPLICATIONS AND SOCIAL MEDIA WEBSITES DETERMINED BY THE COUNTY BOARD
ACCESSING OR USING A SOCIAL MEDIA PLATFORM DURING THE ACADEMIC SCHOOL

DAY; AND

                (4) REQUIRE ADMINISTRATOR APPROVAL FOR THE USE OF A

PERSONAL ELECTRONIC COMMUNICATION DEVICE FOR EDUCATIONAL PURPOSES

WHEN A SCHOOL–ISSUED ELECTRONIC COMMUNICATION DEVICE IS UNAVAILABLE.

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                 WES MOORE, Governor                     Ch. 596

(D) (E)  THE POLICY DEVELOPED UNDER THIS SECTION MAY NOT

PROHIBIT A STUDENT FROM USING AN ELECTRONIC COMMUNICATION DEVICE:

                (1) FOR A STUDENT WITH A DISABILITY, FOR REASONABLE
ACCOMMODATIONS RELATED TO A DISABILITY, INCLUDING FOR ANY PURPOSE
DOCUMENTED IN THE STUDENT’S INDIVIDUALIZED EDUCATION PROGRAM OR 504
PLAN;

        (2) TO MONITOR OR ADDRESS A STUDENT’S DOCUMENTED HEALTH

ISSUE;

                (3) DURING AN EMERGENCY EVENT, IF EXPRESSLY AUTHORIZED BY
AN ADMINISTRATOR;

        (4) (3)  WHEN DIRECTED BY AN ADMINISTRATOR                 FOR

EDUCATIONAL PURPOSES INSTRUCTOR TO BE USED AS PART OF A LESSON;

                (5) (4) (3) TO ACCESS LANGUAGE TRANSLATION TOOLS TO ENSURE
EDUCATIONAL EQUITY FOR MULTILINGUAL STUDENTS WHEN SCHOOL–ISSUED

ELECTRONIC COMMUNICATION DEVICES ARE NOT AVAILABLE OR SUFFICIENT FOR

THIS PURPOSE; OR

                (6) (5) (4) FOR THE PURPOSE OF  MEETING  CAREGIVING
RESPONSIBILITIES, AS APPROVED BY A PRINCIPAL.

(E) (F)  EACH COUNTY BOARD SHALL:

                (1) ENGAGE PARENTS, STUDENTS, EDUCATORS, AND COMMUNITY
STAKEHOLDERS IN THE DEVELOPMENT AND REVISION OF THE POLICY, INCLUDING
DETERMINING ENFORCEMENT OF THE POLICY; AND

                (2) PUBLISH AND MAKE THE POLICY AVAILABLE IN MULTIPLE
LANGUAGES IN STUDENT HANDBOOKS, ON THE SCHOOL’S AND COUNTY BOARD’S
WEBSITES, AND AT SCHOOL EVENTS.

(F) (G)  (1) A POLICY DEVELOPED UNDER THIS SECTION SHALL

INCLUDE APPROPRIATE DISCIPLINARY MEASURES FOR VIOLATIONS OF THE POLICY.

                (2) THE DISCIPLINARY MEASURES ADOPTED UNDER PARAGRAPH (1)

OF THIS SUBSECTION SHALL BE TIERED DISCIPLINARY MEASURES ENFORCED BY AN

ADMINISTRATOR.

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Ch. 596  2026 LAWS OF MARYLAND

                (3) A DISCIPLINARY MEASURE ADOPTED UNDER PARAGRAPH (1) OF

THIS SUBSECTION MAY NOT INCLUDE SUSPENSION OR EXPULSION SOLELY FOR A

VIOLATION OF THE POLICY.

(G) (H)  ON OR BEFORE SEPTEMBER 1, 2027, AND EACH SEPTEMBER 1

UNTIL SEPTEMBER 1, 2032, EACH COUNTY BOARD SHALL SUBMIT A REPORT TO THE

DEPARTMENT ON THE IMPACTS OF THE IMPLEMENTATION A COPY OF THE

ELECTRONIC COMMUNICATION DEVICE POLICY IN THE LOCAL SCHOOL SYSTEM

IMPLEMENTED UNDER THIS SECTION, INCLUDING:

                (1) A COPY OF THE CURRENT ELECTRONIC COMMUNICATION DEVICE
POLICY THAT DESCRIBES: DESCRIPTION OF THE POLICY’S:

                         (I) STORAGE AND SECURITY REQUIREMENTS AND ANY
RELATED GRADE–LEVEL DIFFERENTIATIONS ESTABLISHED IN THE POLICY;

                         (II) GRADE–LEVEL DIFFERENTIATION DISCIPLINE MEASURES
AND ANY RELATED GRADE–LEVEL DIFFERENTIATIONS ESTABLISHED IN THE
POLICY;

         (III) INSTRUCTIONAL USE PROTOCOLS; AND

         (IV) EMERGENCY COMMUNICATION PLANS; AND

                (2) DOCUMENTATION OF STAKEHOLDER ENGAGEMENT; IN THE
DEVELOPMENT OF THE POLICY.

         (3) COMPLIANCE AND ENFORCEMENT DATA, INCLUDING:

                         (I) RELATED DISCIPLINARY REFERRALS, DISAGGREGATED BY
STUDENT DEMOGRAPHIC SUBGROUPS; AND

                         (II) THE USE OF RESTORATIVE PRACTICES AS A DISCIPLINARY
MEASURE, IF USED;

                (4) DESCRIPTION OF THE IMPACTS ON THE SCHOOL ENVIRONMENT,
IF ANY, INCLUDING SURVEY DATA FROM STUDENTS, TEACHERS, AND PARENTS ON
FOCUS, WELL–BEING, AND SATISFACTION FOLLOWING POLICY IMPLEMENTATION;

                (5) EQUITY AND ACCOMMODATION DATA, INCLUDING THE NUMBER
AND TYPE OF EXEMPTIONS TO THE POLICY GRANTED BY A SCHOOL; AND

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         WES MOORE, Governor                           Ch. 596

                (6) ANTICIPATED POLICY REVISIONS FOR THE UPCOMING SCHOOL
YEAR, IF ANY.

(H) (I)  ON OR BEFORE JULY DECEMBER 1, 2028, AND EACH JULY 1

UNTIL JULY 1, 2033, THE DEPARTMENT SHALL PUBLISH ON THE DEPARTMENT’S

WEBSITE A REPORT THAT COMPILES AND SUMMARIZES THE REPORTS OF THE

COUNTY BOARDS ON THE IMPACTS OF IMPLEMENTING THE ELECTRONIC

COMMUNICATION DEVICE POLICIES OF EACH COUNTY BOARD SUBMITTED TO THE

DEPARTMENT UNDER SUBSECTION (G) (H) OF THIS SECTION, INCLUDING:

                (1) THE DATA SUBMITTED BY THE COUNTY BOARDS TO THE
DEPARTMENT;

         (2) ENFORCEMENT CHALLENGES; AND

         (3) TECHNICAL ASSISTANCE AND MODEL POLICIES.

(I) (J)  (1) EACH COUNTY BOARD SHALL SEND TO THE DEPARTMENT

AN UPDATED COPY OF THE ELECTRONIC COMMUNICATION DEVICE POLICY

DEVELOPED AND IMPLEMENTED UNDER THIS SECTION.

                (2) THE DEPARTMENT SHALL PUBLISH ON ITS WEBSITE A COPY OF
EACH COUNTY BOARD’S ELECTRONIC COMMUNICATION DEVICE POLICY SUBMITTED
UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(J) (K)  (1) ON OR BEFORE JULY 30, 2028, AND EACH JULY 30 UNTIL

JULY 30, 2033, EACH COUNTY BOARD SHALL SUBMIT A REPORT TO THE

DEPARTMENT ON THE IMPACTS OF THE IMPLEMENTATION OF THE ELECTRONIC

COMMUNICATION DEVICE POLICY, INCLUDING:

                         (I) COMPLIANCE AND ENFORCEMENT DATA, INCLUDING

RELATED DISCIPLINARY REFERRALS DISAGGREGATED BY STUDENT DEMOGRAPHIC

SUBGROUPS; AND

                         (II) EQUITY AND ACCOMMODATION DATA, INCLUDING THE

NUMBER AND TYPES OF EXEMPTIONS TO THE POLICY GRANTED BY SCHOOLS IN THE

COUNTY.

                (2) THE DEPARTMENT, IN CONSULTATION WITH LOCAL SCHOOL
SYSTEMS, SHALL DETERMINE THE BEST METHOD TO SUBMIT THE INFORMATION
REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE DEPARTMENT,
INCLUDING WITHIN EXISTING REPORTING REQUIREMENTS.

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Ch. 596  2026 LAWS OF MARYLAND

(K) (L)  THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT

THE REQUIREMENTS OF THIS SECTION.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 26, 2026.

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