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Senate Bill S9810A

2023-2024 Legislative Session

Restricts the use of wireless communication devices by students on school property

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Archive: Last Bill Status - In Senate Committee Education Committee

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Bill Amendments

2023-S9810 - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §2801-c, Ed L
Versions Introduced in 2025-2026 Legislative Session:
S140

2023-S9810 - Summary

Prohibits students from accessing their wireless communications devices on school property, unless authorized for classroom use; prohibits students from accessing social media platforms through the use of internet access provided by the school district, except when expressly directed to for class instruction.

2023-S9810 - Sponsor Memo

2023-S9810 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9810
 
                             I N  S E N A T E
 
                               May 31, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 requiring the adoption
   of policies, procedures, and guidelines restricting the use of  smart-
   phones by students on school property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   § 2801-C. SMARTPHONE USE RESTRICTED. 1. THE GOVERNING BOARD OR BODY OF
 EVERY LOCAL EDUCATIONAL AGENCY SHALL, BEFORE THE FIRST  DAY  OF  AUGUST,
 TWO  THOUSAND  TWENTY-FIVE,  ADOPT  POLICIES, PROCEDURES, AND GUIDELINES
 RESTRICTING THE USE OF SMARTPHONES BY STUDENTS ON SCHOOL PROPERTY.
   2. THE DEPARTMENT SHALL, IN COLLABORATION  WITH  THE  NEW  YORK  STATE
 COUNCIL  OF  SCHOOL SUPERINTENDENTS AND THE NEW YORK STATE SCHOOL BOARDS
 ASSOCIATION, PRODUCE MODEL GUIDELINES THAT GOVERNING BOARDS  AND  BODIES
 OF  LOCAL EDUCATIONAL AGENCIES MAY USE TO INFORM THEIR ADOPTION OF POLI-
 CIES, PROCEDURES, AND GUIDELINES RESTRICTING THE USE OF  SMARTPHONES  BY
 STUDENTS ON SCHOOL PROPERTY.
   3.  FOR  THE PURPOSES OF THIS SECTION, "SMARTPHONE" MEANS A CELL PHONE
 ABLE TO CONNECT TO THE INTERNET  AND  THAT  ENABLES  A  USER  TO  ACCESS
 CONTENT  ON  THE  INTERNET  THROUGH APPLICATIONS, INCLUDING SOCIAL MEDIA
 APPLICATIONS.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15820-01-4

2023-S9810A (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §2801-c, Ed L
Versions Introduced in 2025-2026 Legislative Session:
S140

2023-S9810A (ACTIVE) - Summary

Prohibits students from accessing their wireless communications devices on school property, unless authorized for classroom use; prohibits students from accessing social media platforms through the use of internet access provided by the school district, except when expressly directed to for class instruction.

2023-S9810A (ACTIVE) - Sponsor Memo

2023-S9810A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9810--A
 
                             I N  S E N A T E
 
                               May 31, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the education law, in relation to restricting the use of
   wireless communication devices by students on school property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   §  2801-C.    WIRELESS  COMMUNICATION  DEVICE  USE  RESTRICTED. 1. FOR
 PURPOSES OF THIS SECTION:
   (A) "WIRELESS COMMUNICATION DEVICE" OR  "DEVICE"  MEANS  ANY  PORTABLE
 WIRELESS  DEVICE THAT HAS THE CAPABILITY TO PROVIDE VOICE, MESSAGING, OR
 OTHER DATA COMMUNICATION BETWEEN TWO OR MORE PARTIES, INCLUDING BUT  NOT
 LIMITED  TO A (I) CELLULAR PHONE, (II) COMPUTER, (III) GAMING DEVICE, OR
 (IV) SMART WATCH. "DEVICE" DOES NOT INCLUDE ANY TECHNOLOGY  PROVIDED  BY
 THE SCHOOL DISTRICT FOR PURPOSES OF CLASS INSTRUCTION.
   (B)  "SCHOOL  DAY"  SHALL  MEAN EVERY INSTRUCTIONAL DAY AS REQUIRED BY
 SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS CHAPTER.
   (C) "ACCESS" MEANS THE VIEWING, HOLDING, WEARING, OR OTHERWISE USE  OF
 A  DEVICE  FOR THE PURPOSE OF COMMUNICATION, INTERNET ACCESS, GAMING, OR
 ANY OTHER FUNCTION COMMONLY ASSOCIATED WITH DEVICES.
   2. DURING THE SCHOOL DAY, STUDENTS ARE PROHIBITED FROM ACCESSING THEIR
 DEVICE ON SCHOOL PROPERTY, UNLESS AUTHORIZED FOR CLASSROOM USE.  DEVICES
 SHALL BE POWERED OFF AND STORED IN A MANNER PRESCRIBED  BY  THE  DEPART-
 MENT,  INCLUDING  BUT  NOT  LIMITED  TO STORAGE IN A STUDENT'S LOCKER OR
 SPECIFIED PHONE POUCHES.
   3. IF A STUDENT VIOLATES THIS SECTION, THE STUDENT WILL BE SUBJECT  TO
 PROGRESSIVE  CONSEQUENCES  AS PRESCRIBED BY SECTION TWENTY-EIGHT HUNDRED
 ONE OF THIS ARTICLE AND ANY APPLICABLE LOCAL STUDENT CODE OF CONDUCT.
   4. STUDENTS ARE  PROHIBITED  FROM  ACCESSING  SOCIAL  MEDIA  PLATFORMS
 THROUGH  THE  USE  OF  INTERNET  ACCESS PROVIDED BY THE SCHOOL DISTRICT,
 EXCEPT WHEN EXPRESSLY DIRECTED TO FOR CLASS INSTRUCTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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