§ 2803. Use of internet-enabled devices during the school day. 1. For
purposes of this section:

(a) "Internet-enabled devices" shall mean and include any smartphone,
tablet, smartwatch, or other device capable of connecting to the
internet and enabling the user to access content on the internet,
including social media applications; provided, however, that
"internet-enabled devices" shall not include:

(i) non-internet-enabled devices such as cellular phones or other
communication devices not capable of connecting to the internet or
enabling the user to access content on the internet; or

(ii) internet-enabled devices supplied by the school district, charter
school, or board of cooperative educational services that are used for
an educational purpose.

(b) "School day" shall mean the entirety of every instructional day as
required by subdivision seven of section thirty-six hundred four of this
chapter during all instructional time and non-instructional time,
including but not limited to homeroom periods, lunch, recess, study
halls, and passing time.

(c) "School grounds" shall mean in or on or within any building,
structure, athletic playing field, playground, or land contained within
the real property boundary line of a district elementary, intermediate,
junior high, vocational, or high school, a charter school, or a board of
cooperative educational services facility.

2. Notwithstanding paragraph b of subdivision one of section
twenty-eight hundred fifty-four of this chapter, each school district,
charter school, and board of cooperative educational services shall
adopt a written policy prohibiting the use of internet-enabled devices
by students during the school day anywhere on school grounds. Each
school district, charter school, and board of cooperative educational
services shall consult local stakeholders, including but not limited to
the employee organization representing each bargaining unit within the
school building, parents, and students, in the development of such
policy prior to its adoption.

3. The policy adopted and implemented pursuant to subdivision two of
this section shall include one or more methods for persons in parental
relation to a student to contact the student during the school day and
provide for written notification to such persons in parental relation to
a student of these methods at the beginning of each school year and upon
enrollment.

4. The policy adopted and implemented pursuant to subdivision two of
this section shall include one or more methods for on-site storage where
students may store their internet-enabled devices during the school day,
which may include student lockers.

5. (a) The policy adopted and implemented pursuant to subdivision two
of this section may authorize student use of an internet-enabled device
during the school day on school grounds:

(i) if authorized by a teacher, principal, or the school district,
charter school, or board of cooperative educational services for a
specific educational purpose;

(ii) where necessary for the management of a student's healthcare;

(iii) in the event of an emergency;

(iv) for translation services;

(v) on a case-by-case basis, upon review and determination by a school
psychologist, school social worker, or school counselor, for a student
caregiver who is routinely responsible for the care and wellbeing of a
family member; or

(vi) where required by law.

(b) The policy may not prohibit a student's use of an internet-enabled
device where such use is included in the student's:

(i) individualized education program; or

(ii) plan developed pursuant to section five hundred four of the
federal rehabilitation act of 1973, 29 U.S.C. 794.

6. No later than August first, two thousand twenty-five, each school
district, charter school, and board of cooperative educational services
shall adopt and publish in a clearly visible and accessible location on
its website the internet-enabled device policy established pursuant to
subdivision two of this section. Translation of such policy into any of
the twelve most common non-English languages spoken by limited-English
proficient individuals in the state, based on the data in the most
recent American community survey published by the United States census
bureau, shall be provided upon request by a student or persons in
parental relation to a student.

7. (a) No later than September first, two thousand twenty-six, and
each September first thereafter, each school district, charter school,
and board of cooperative educational services shall publish an annual
report on its website detailing enforcement of the policy within the
district, charter school, or board of cooperative educational services
in the prior school year, including non-identifiable demographic data of
students who have faced disciplinary action for non-compliance and
analysis of any demographic disparities in enforcement of the policy. If
a statistically significant disparate enforcement impact is identified,
such report shall include a mitigation action plan.

(b) Each school district, charter school, and board of cooperative
educational services shall not permit the suspension of a student if the
sole grounds for the suspension is that the student accessed an
internet-enabled device in violation of the policy adopted and
implemented pursuant to subdivision two of this section.