Senate Bill S1520

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1520

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  DUANE, KRUEGER -- read twice and ordered printed,
  and when printed to be committed 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 AUTHORIZED, EMPOWERED AND DIRECTED TO
ESTABLISH RULES AND REGULATIONS, AND FROM TIME TO TIME AMEND  GUIDELINES
AND  SPECIFICATIONS,  TAKING  NECESSARY  ACTION  REGARDING  THE  USE AND
POSSESSION OF A MOBILE TELEPHONE BY A STUDENT IN  ANY  SCHOOL  FACILITY.
SUCH   RULES,   REGULATIONS  AND  GUIDELINES  SHALL  PRESCRIBE  FOR  THE
POSSESSION OF A MOBILE TELEPHONE BY A STUDENT, ALLOWING FOR A STUDENT TO
CARRY A MOBILE TELEPHONE INTO A SCHOOL FACILITY, PROHIBITING THE USE  OF
SUCH  MOBILE  TELEPHONE  BY  A  STUDENT  IN THE CLASSROOM DURING REGULAR
SCHOOL HOURS EXCEPT DURING  AN  EMERGENCY,  PROHIBITING  A  SCHOOL  FROM
CONFISCATING  A MOBILE TELEPHONE FROM A STUDENT AND PROVIDING FOR NOTICE
TO ALL STUDENTS BY MEANS OF PRINTED  MATERIAL  OR  OTHER  SIMILAR  MEANS
WITHIN  THE SCHOOL FACILITY THAT SUCH MOBILE TELEPHONE USE IS PROHIBITED
IN A CLASSROOM DURING REGULAR SCHOOL HOURS EXCEPT DURING AN EMERGENCY.
  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 OR PRIVATE OR PARO-
CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WITH A FACILI-
TY USED FOR INSTRUCTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01345-01-9

S. 1520                             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  IS
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, TEXT MESSAGE, USE OF CELLPHONE
CAMERA, TALK OR LISTEN ON A MOBILE TELEPHONE 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 CLASSROOM DURING REGULAR SCHOOL HOURS.
  3. IN ACCORDANCE WITH THE RULES  AND  REGULATIONS  PRESCRIBED  BY  THE
COMMISSIONER,  A  STUDENT  SHALL  BE ALLOWED TO CARRY A MOBILE TELEPHONE
INTO A SCHOOL FACILITY AND USE A MOBILE TELEPHONE TO CONTACT AN EMERGEN-
CY RESPONSE OPERATOR, HOSPITAL, PHYSICIAN'S  OFFICE  OR  HEALTH  CLINIC,
AMBULANCE COMPANY, FIRE COMPANY, FIRST AID SQUAD OR POLICE DEPARTMENT IN
AN EMERGENCY SITUATION OR IN ANY OTHER CIRCUMSTANCE  WHICH MAY BE DEEMED
AN EMERGENCY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and directed to be made and completed by the commissioner of
education on or before such effective date.