§ 2803 — Use of internet-enabled devices during the school day

§ 2803. Use of internet-enabled devices during the school day. 1. For\npurposes of this section:\n (a) "Internet-enabled devices" shall mean and include any smartphone,\ntablet, smartwatch, or other device capable of connecting to the\ninternet and enabling the user to access content on the internet,\nincluding social media applications; provided, however, that\n"internet-enabled devices" shall not include:\n (i) non-internet-enabled devices such as cellular phones or other\ncommunication devices not capable of connecting to the internet or\nenabling the user to access content on the internet; or\n (ii) internet-enabled devices supplied by the school district, charter\nschool, or board of cooperative educational services that are used for\nan educational purpose.\n (b) "School day" shall mean the entirety of every instructional day as\nrequired by subdivision seven of section thirty-six hundred four of this\nchapter during all instructional time and non-instructional time,\nincluding but not limited to homeroom periods, lunch, recess, study\nhalls, and passing time.\n (c) "School grounds" shall mean in or on or within any building,\nstructure, athletic playing field, playground, or land contained within\nthe real property boundary line of a district elementary, intermediate,\njunior high, vocational, or high school, a charter school, or a board of\ncooperative educational services facility.\n 2. Notwithstanding paragraph b of subdivision one of section\ntwenty-eight hundred fifty-four of this chapter, each school district,\ncharter school, and board of cooperative educational services shall\nadopt a written policy prohibiting the use of internet-enabled devices\nby students during the school day anywhere on school grounds. Each\nschool district, charter school, and board of cooperative educational\nservices shall consult local stakeholders, including but not limited to\nthe employee organization representing each bargaining unit within the\nschool building, parents, and students, in the development of such\npolicy prior to its adoption.\n 3. The policy adopted and implemented pursuant to subdivision two of\nthis section shall include one or more methods for persons in parental\nrelation to a student to contact the student during the school day and\nprovide for written notification to such persons in parental relation to\na student of these methods at the beginning of each school year and upon\nenrollment.\n 4. The policy adopted and implemented pursuant to subdivision two of\nthis section shall include one or more methods for on-site storage where\nstudents may store their internet-enabled devices during the school day,\nwhich may include student lockers.\n 5. (a) The policy adopted and implemented pursuant to subdivision two\nof this section may authorize student use of an internet-enabled device\nduring the school day on school grounds:\n (i) if authorized by a teacher, principal, or the school district,\ncharter school, or board of cooperative educational services for a\nspecific educational purpose;\n (ii) where necessary for the management of a student's healthcare;\n (iii) in the event of an emergency;\n (iv) for translation services;\n (v) on a case-by-case basis, upon review and determination by a school\npsychologist, school social worker, or school counselor, for a student\ncaregiver who is routinely responsible for the care and wellbeing of a\nfamily member; or\n (vi) where required by law.\n (b) The policy may not prohibit a student's use of an internet-enabled\ndevice where such use is included in the student's:\n (i) individualized education program; or\n (ii) plan developed pursuant to section five hundred four of the\nfederal rehabilitation act of 1973, 29 U.S.C. 794.\n 6. No later than August first, two thousand twenty-five, each school\ndistrict, charter school, and board of cooperative educational services\nshall adopt and publish in a clearly visible and accessible location on\nits website the internet-enabled device policy established pursuant to\nsubdivision two of this section. Translation of such policy into any of\nthe twelve most common non-English languages spoken by limited-English\nproficient individuals in the state, based on the data in the most\nrecent American community survey published by the United States census\nbureau, shall be provided upon request by a student or persons in\nparental relation to a student.\n 7. (a) No later than September first, two thousand twenty-six, and\neach September first thereafter, each school district, charter school,\nand board of cooperative educational services shall publish an annual\nreport on its website detailing enforcement of the policy within the\ndistrict, charter school, or board of cooperative educational services\nin the prior school year, including non-identifiable demographic data of\nstudents who have faced disciplinary action for non-compliance and\nanalysis of any demographic disparities in enforcement of the policy. If\na statistically significant disparate enforcement impact is identified,\nsuch report shall include a mitigation action plan.\n (b) Each school district, charter school, and board of cooperative\neducational services shall not permit the suspension of a student if the\nsole grounds for the suspension is that the student accessed an\ninternet-enabled device in violation of the policy adopted and\nimplemented pursuant to subdivision two of this section.\n