Legal Updates

Recent State Laws Highlight Student Cell Phone Use Issues For Independent Schools

For a number of years, independent schools have grappled with the issue of student use of cell phones at school. In developing and periodically reevaluating their policies on this topic, independent schools have considered a number of factors, such as convenience, student safety, the desire to foster a community atmosphere, the value of technology as an educational tool, the ages and developmental states of the students involved, and the overall effect of cell phone use on the classroom environment.

Recently, an increasing number of states have passed laws regulating student cell phone use in public schools. Although these laws do not extend – at least thus far – beyond the public school realm, they serve as a reminder that independent schools should regularly review and update their own student cell phone policies, with an eye to evolving best practices and the needs of their classrooms and communities.

The Legal Landscape

In 2023, Florida became the first state to pass a law restricting student use of cell phones in public schools. Other states have rapidly followed, with such initiatives often receiving broad, bipartisan support. As of this writing, nearly three dozen states have passed laws regulating students’ use of cell phones and other electronic devices in public schools.

Generally, these laws fall into one of four categories: (i) providing incentives to individual school districts to develop cell phone polices; (ii) recommending that school districts develop their own cell phone policies; (iii) requiring school districts to develop cell phone policies (but not dictating the content of those policies); and (iv) adopting a uniform, state-wide policy regulating student usage of cell phones.

A majority of these state laws fall into the last of those categories – i.e., requiring public schools to adopt a specific, prescribed policy. Within that category, the particular restrictions involved vary as well, from so called “bell-to-bell” prohibitions, which apply throughout the school day, to rules that prohibit only the use of cell phones during instructional time, while permitting students to use their devices between classes, during lunch time, and so forth.

Some states apply differing standards based on grade level. For example, the Florida statute imposes a bell-to-bell ban for grades K-8, while allowing high school students to use cell phones outside of class, as well as during class if “expressly directed by a teacher solely for educational purposes.”

Significance For Independent Schools

Although existing state laws regarding student cell phone use apply only to public schools, independent schools are encouraged to familiarize themselves with these new laws. From a legal standpoint, it is possible that the policies embodied in these laws may engender expectations regarding the appropriate standard of care for independent schools.

For example, if an independent school in a state with a universal public school ban on cell phones allowed its students to use cell phones throughout the school day, and one of its students experienced cyberbullying by peers during the school day, the school could face difficult questions from parents as to why their school’s cell phone policy is more lenient than the policy for public schools established by the state law. This type of argument could even be raised in a lawsuit by the student’s parents alleging negligence on the part of the independent school.

In addition, the underlying arguments for and against prohibitions on student cell phone use are relevant to all schools. On the one hand, proponents of more restrictive policies argue that bans will enhance student achievement while reducing disciplinary issues. (It will be interesting to see if studies conducted in the wake of recent statewide bans bear this out.)

On the other hand, many parents prefer the safety and security of knowing that they can reach their children at any time. Further, from an educational perspective, permitting cell phone use for educational purposes quite literally puts a universe of information at students’ fingertips.

Independent schools are encouraged to craft policies that balance these competing concerns in a way that best serves their students and families. Recent state laws on this topic provide a helpful starting point for the critical issues to be considered.

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If you would like support in drafting and/or updating your school’s policy on student cell phone use, or if you have questions regarding the legal considerations related to the use of technology in schools, please contact one of our experienced education law attorneys.