S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    770
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education  law,  in  relation  to  requiring  school
   districts to adopt a policy prohibiting the use of cellular telephones
   during classroom instruction

   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. CELLULAR TELEPHONE POLICY. 1. THE DEPARTMENT SHALL, NO LATER
 THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE,  CREATE   AND
 PUBLISH,  AND  UPDATE  EVERY  FIVE  YEARS,  A  MODEL  POLICY THAT SCHOOL
 DISTRICTS MAY UTILIZE IN THEIR ADOPTION OF A POLICY TO PROHIBIT THE  USE
 OF  CELLULAR  TELEPHONES  BY  STUDENTS DURING CLASSROOM INSTRUCTION. THE
 DEVELOPMENT OF THE MODEL POLICY SHALL  INVOLVE  SIGNIFICANT  STAKEHOLDER
 PARTICIPATION  INCLUDING  STUDENTS, PARENTS, AND EDUCATORS IN THE STATE.
 THE MODEL POLICY MAY ALSO  INCLUDE  ENFORCEMENT  MECHANISMS  THAT  LIMIT
 ACCESS   TO   CELLULAR  TELEPHONES.  SUCH  MODEL  POLICY  SHALL  PROVIDE
 EXCEPTIONS TO THE PROHIBITION OF CELLULAR TELEPHONES, INCLUDING BUT  NOT
 LIMITED TO:
   A.  IN  THE CASE OF AN EMERGENCY, OR IN RESPONSE TO A PERCEIVED THREAT
 OF DANGER;
   B. WHEN A TEACHER OR  ADMINISTRATOR  OF  THE  SCHOOL  DISTRICT  GRANTS
 PERMISSION  TO A STUDENT TO POSSESS OR USE A CELLULAR TELEPHONE, SUBJECT
 TO ANY REASONABLE LIMITATION IMPOSED BY THAT TEACHER OR ADMINISTRATOR;
   C. WHEN A LICENSED PHYSICIAN DETERMINES THAT THE POSSESSION OR USE  OF
 A  CELLULAR  TELEPHONE  IS NECESSARY FOR THE HEALTH OR WELL-BEING OF THE
 STUDENT; AND
   D. WHEN THE POSSESSION OR USE OF A CELLULAR TELEPHONE IS REQUIRED IN A
 STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00655-01-5
 A. 770                              2
 
   2. NO LATER THAN JULY FIRST, TWO THOUSAND  TWENTY-SIX,  THE  BOARD  OF
 EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OF
 EVERY  SCHOOL  DISTRICT WITHIN THE STATE, HOWEVER CREATED, AND THE CHAN-
 CELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL  ADOPT,
 AND  UPDATE  EVERY  FIVE YEARS, A DISTRICT POLICY PROHIBITING THE USE OF
 CELLULAR TELEPHONES  BY  STUDENTS  DURING  CLASSROOM  INSTRUCTION.  SUCH
 DISTRICT POLICY SHALL BE AN ADOPTION OR MODIFICATION OF THE MODEL POLICY
 DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.