P.L. 2025, c.195 (S3695 3R)

An Act concerning student use of ³[cell phones and social media platforms] internet-enabled devices³ and supplementing chapter 36 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

³1. As used in this act:

“Board of education” means a board of education as defined in N.J.S.18A:18A-2, a board of trustees of a charter school, and a board of trustees of a renaissance school project.

“Internet-enabled device” means a 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. An internet-enabled device shall not include a non-internet-enabled device or an internet-enabled device provided by a public school when used for educational purposes.

“Non-internet-enabled device” means a cell phone or other communication device that is not capable of connecting to the internet or enabling the user to access content on the internet.

“Public school” means and includes a school, under college grade, which is operated by the governing body of a school district, charter school, or renaissance school project.³

³[1.] 2.³ a. To assist ³[school districts] boards of education³ in developing policies concerning student use of ³[cell phones and social media platforms] internet-enabled devices³ during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education, the Commissioner of Education shall develop ²[a policy] guidelines² applicable to students enrolled in grades kindergarten through 12. The ²[policy] guidelines² shall be issued no later than 90 days after the effective date of this act.

b. The ²[policy] guidelines² shall, at a minimum:

(1) provide age appropriate and grade-level differentiated ²[policies] guidelines² concerning limiting and prohibiting student use of ³[cell phones and social media platforms] internet-enabled devices³;

(2) prohibit non-academic use of ³[a cell phone or social media during classroom instruction] an internet-enabled device on school grounds during the school day³;

(3) be consistent with State and federal law, including accommodations provided in a student’s Individualized Education Program ²[or educational plan] (IEP)² established pursuant to the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., ²[or] educational plan established pursuant to² section 504 of the “Rehabilitation Act of 1973,” 29 U.S.C. s.794 ², or student health plan established to monitor or address a student’s health condition²;

(4) ²[permit] address permitting² student use of cell phones in the case of an emergency or in response to a perceived threat of danger;

(5) ²[permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student;

(6)]² ³authorize student use of an internet-enabled device on school grounds during the school day, or during school-sanctioned events:

(a) if authorized by a principal, chief school administrator, or their designee, for a necessary specified purpose, which shall be authorized only when no reasonable alternative exists to achieve the same objective while maintaining compliance with the guidelines issued by the Commissioner of Education;

(b) if necessary for the provision and administration of a student’s prescribed care consistent with the submission by a parent or guardian of documentation from a health care professional; (c) for translation services;

(d) on a case-by-case basis for a student caregiver who is routinely responsible for the care or well-being of a family member, upon approval from a principal, chief school administrator, or their designees, which may include a school psychologist, school social worker, or school counselor; and

(e) when required by law;

(6)³ address ³[smartphones,] internet-enabled devices and³ cell phones with only text or voice³[, and other relevant devices, including smart watches]³;

²[(7)] ³[(6)²] (7)³ list options that may be utilized by a ³[school district] board of education³ for ³[cell phone]³ storage ³of an internet-enabled device³, including locked pouches and ³[cell phone]³ lockers;

²[(8)] ³[(7)²] (8)³ provide guidance for a ³[school district] board of education³ to establish network-based restrictions to prevent the use of, or access to, social media platforms; and

²[(9)] ³[(8)²] (9)³ detail protocols for communicating the ³[district’s] board of education’s³ policy concerning student use of ³[cell phones and social media platforms] internet-enabled devices³ to students, their families, and teaching staff members.

c. The ²[policy] guidelines² shall promote student learning and well-being. In developing the ²[policy] guidelines², the commissioner shall ¹[involve] consult with interested¹ stakeholders ¹in the education community including, but not limited to, the New Jersey Education Association, ²the American Federation of Teachers,² the New Jersey School Boards Association, ²[and]² the New Jersey Principals and Supervisors Association,¹ ²and the New Jersey Association of School Administrators,² to ensure that the ²[policies] guidelines² are responsive to the needs of students, parents, and teaching staff members.

d. A board of education shall ²[, except as otherwise exempt pursuant to subsection e. of this section,]² adopt a policy concerning student use of ³[cell phones and social media platforms] internet-enabled devices³ during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. ³The policy shall address the use of internet-enabled devices in the event of an emergency situation or in response to a perceived threat of danger.³ The policy shall be consistent with the ²[policy] guidelines² developed pursuant to subsection a. of this section.

e. ²[The commissioner may, upon submission of an application to the commissioner in a manner and form to be determined by the commissioner, exempt a board of education from the requirements of subsection d. of this section.

f.]²Nothing in this section shall be construed to prevent a ³[school district] board of education³ from adopting a policy on the use of ³[cell phones and social media platforms] internet-enabled devices³ by students enrolled in the ³[district] public school³ that is more stringent than the ²[policy] guidelines² developed by the commissioner pursuant to subsection a. of this section.

²f. The guidelines developed by the commissioner pursuant to subsection a. of this section shall not prohibit a principal ³, chief school administrator,³ or ³[a]³ designee from making a reasonable accommodation for the use of ³[cell phones or social media platforms] internet-enabled devices³ for educational purposes.²

³[2.] 3.³ This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.

Requires guidelines on student use of internet-enabled devices to be developed by DOE and policy to be adopted by governing body of each public school.