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.