S T A T E O F N E W Y O R K
________________________________________________________________________
1809
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. NOLAN, MILLMAN, HOOPER -- Multi-Sponsored by --
M. of A. BRENNAN, BRODSKY, CAHILL, COLTON, COOK, DINOWITZ, GIANARIS,
GOTTFRIED, PAULIN, PERALTA, PERRY, PHEFFER, WEISENBERG -- read once
and referred to the Committee on Education
AN ACT to amend the education law, in relation to the use and possession
of mobile telephones by students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER IS HEREBY DIRECTED TO ESTABLISH GUIDELINES FOR
LOCAL POLICIES REGARDING THE POSSESSION OR USE OF MOBILE TELEPHONES IN
PUBLIC SCHOOLS BY DECEMBER THIRTY-FIRST, TWO THOUSAND NINE. SUCH GUIDE-
LINES SHALL ENSURE THAT LOCAL POLICIES TAKE INTO ACCOUNT LOCAL AND
REGIONAL NEEDS AS INFORMED BY THE SOLICITED VIEWS OF PARENTS AND TEACH-
ERS ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO PARENT TEACHER ASSOCI-
ATIONS, PARENT TEACHER ORGANIZATIONS, PARENT EDUCATION COUNCILS INCLUD-
ING APPROPRIATE COMMUNITY, EDUCATIONAL GROUPS AND UNIONS, SCHOOL
ADMINISTRATORS AND SCHOOL DISTRICTS AND SCHOOL BOARDS. THE GUIDELINES
SHALL ADVISE THAT THE POLICIES ADDRESS CONCERNS REGARDING POSSIBLE
ACADEMIC DISRUPTIONS, FAMILY NEEDS INVOLVING CONTACTING STUDENTS DURING
TRAVEL TO AND FROM SCHOOL, AND FACTORS INCLUDING CONFISCATION OR APPRO-
PRIATE DISCIPLINARY RESPONSE. THE GUIDELINES MAY DIFFERENTIATE BETWEEN
MOBILE PHONES WITH CAPABILITIES BEYOND BASIC FAMILY COMMUNICATION NEEDS.
S 2. The education law is amended by adding a new section 409-j to
read as follows:
S 409-J. USE AND POSSESSION OF MOBILE TELEPHONE IN A SCHOOL FACILITY.
1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT WITH A FACILITY
USED FOR INSTRUCTION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01390-01-9
A. 1809 2
(B) "FACILITY" SHALL MEAN ANY SCHOOL BUILDING OR FACILITY USED FOR
INSTRUCTIONAL PURPOSES AND THE SURROUNDING GROUNDS OR OTHER SITES USED
FOR PLAYGROUNDS, ATHLETICS OR OTHER INSTRUCTIONAL PURPOSES;
(C) "MOBILE TELEPHONE" SHALL MEAN A CELLULAR, ANALOG, WIRELESS,
DIGITAL OR OTHER SIMILAR TELEPHONE OR COMMUNICATIONS DEVICE, WHICH CAN
BE USED TO ACCESS TWO-WAY REAL TIME VOICE TELECOMMUNICATIONS SERVICE
THAT IS INTERCONNECTED TO A PUBLIC SWITCHED TELEPHONE NETWORK AND IS
PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE, AS SUCH TERM IS DEFINED
BY 47 CFR S 20.3; AND
(D) "USE" SHALL MEAN TO RECEIVE A MOBILE TELEPHONE CALL SIGNALED BY AN
AUDIBLE SOUND, DIAL A MOBILE TELEPHONE, TALK OR LISTEN ON A MOBILE TELE-
PHONE OR HOLD A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY OF,
THE STUDENT'S EAR.
2. THE COMMISSIONER SHALL REQUIRE A SCHOOL FACILITY TO PROVIDE FOR
PROMINENT AND CONSPICUOUS NOTICE TO ALL STUDENTS BY MEANS OF SIGNAGE,
PRINTED MATERIAL OR SIMILAR MEANS WITHIN A SCHOOL FACILITY THAT MOBILE
TELEPHONE USE IS PROHIBITED IN A CLASS ROOM DURING REGULAR SCHOOL HOURS.
S 3. This act shall take effect immediately.