§ 15.1-07-41 — Personal electronic devices - Prohibition during instructional time

1. As used in this section:
a. "Instructional time" means the time from the start of the schoolday until dismissal
at the end of the schoolday on school premises, for which the signal may be the
ringing of a bell, including a structured or unstructured learning experience,
recess, a lunch period, and time in between classes. The term does not include
private student travel time to and from an area career and technology center or
other offsite learning experience or instructional time occurring in virtual
environments off school premises.
b. "Parent" means a parent or guardian of a student who is authorized to make
decisions regarding education for the student.
c. "Personal electronic communication device" means a portable electronic device
capable of communication by voice, text, or other data with one or more other
parties or devices, or capable of connection to a smartphone, the internet, or a
cellular or wireless fidelity network, including a smartphone, cell phone, bluetooth-
enabled device, tablet, smartwatch or other wearable device, and gaming device.
The term does not include:
(1) School-owned devices provided to a student and school-approved devices
used by a student in accordance with this section.
(2) Portable devices that meet the definition of a medical device under the
federal Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.].
d. "School" means a public school providing prekindergarten, elementary, or
secondary education, including area career and technology centers. The term

does not include virtual schools, virtual instruction, the North Dakota center for
distance education, or education occurring in a homeschool environment.
e. "School-related activity" means a school sanctioned activity, event, or function,
occurring outside of instructional time, at which students are under supervision of
the school, whether on or off school premises, including a bus ride, field trip,
sporting event, and school dance.
f. "Student" means an individual currently enrolled or registered at a school as
defined under subdivision d of this section.
2. Each school district or applicable governing body shall adopt and implement a policy
for schools which:
a. Requires all personal electronic communication devices be silenced or turned off,
securely stowed away, and inaccessible to students during instructional time;
b. Provides schools may limit or allow student access to personal electronic
communication devices outside of instructional time, during a school-related
activity;
c. Includes enforcement provisions to ensure strict compliance with the policy by
students and school employees; and
d. Provides a student may contact the student's parent or authorized caregiver
during the schoolday if needed by using a school telephone made available to the
student in a manner and location designated by the school.
3. Notwithstanding subsection 2, a school may not prohibit a student from possessing or
using a personal electronic communication device, if:
a. A medical provider licensed under title 43 determines the possession or use of a
personal electronic communication device is necessary for the health or well-
being of the student; or
b. The possession or use of a personal electronic communication device is required
by the student's individual education program under:
(1) The Individuals with Disabilities Education Act [ 20 U.S.C. 1400 ];
(2) Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794]; or
(3) A plan developed in accordance with state or federal law requiring
accommodation.
4. A school district shall collect data annually with the goal of measuring the impact of its
policy on student behavior, mental health, disciplinary incidents, school attendance,
and academic performance.
5. Upon the adoption and implementation of a policy in accordance with this section, a
school district shall:
a. Ensure the policy is communicated to students, parents, and authorized
caregivers; and
b. Publish the policy in student and personnel handbooks.