[Second Reprint]
SENATE, No. 3695
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED SEPTEMBER 30, 2024
Sponsored by:
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
Co-Sponsored by:
Senators Turner, O'Scanlon and Gopal
SYNOPSIS
Requires cell phone and social media guidelines to be developed by DOE and policy to be adopted by each school district.
CURRENT VERSION OF TEXT
As reported by the Assembly Education Committee on March 10, 2025, with amendments.
An Act concerning student use of cell phones and social media platforms 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:
1. a. To assist school districts in developing policies concerning student use of cell phones and social media platforms 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 cell phones and social media platforms;
(2) prohibit non-academic use of a cell phone or social media during classroom instruction;
(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 address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches;
2[(7)] (6)2 list options that may be utilized by a school district for cell phone storage, including locked pouches and cell phone lockers;
2[(8)] (7)2 provide guidance for a school district to establish network-based restrictions to prevent the use of, or access to, social media platforms; and
2[(9)] (8)2 detail protocols for communicating the district’s policy concerning student use of cell phones and social media platforms 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 cell phones and social media platforms 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 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.]2 Nothing in this section shall be construed to prevent a school district from adopting a policy on the use of cell phones and social media platforms by students enrolled in the district 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 or a designee from making a reasonable accommodation for the use of cell phones or social media platforms for educational purposes.2
2. This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.