AB 3216 Amends Education Code Section 48901.7 to Require School Districts to Restrict Cell Phone Use

09.27.2024

This week on September 23, 2024, Assembly Bill (“AB”) 3216 was signed into law to amend Education Code section 48901.7 regarding student use of smartphones. Specifically, in an effort to raise pupil performance, decrease acts of cyberbullying, and help lessen teenage anxiety and depression, AB 3216 requires school districts, county offices of education and charter schools to develop and adopt a policy to limit or prohibit the use of smartphones while students are at a school site or under the control of an employee.

When Education Code section 48901.7 was enacted in 2020, it permitted local educational agencies (LEAs) to adopt a policy that limited or prohibited student smartphone use while at a school site or under the control of employees. Now, AB 3216 requires educational agencies to develop and adopt such a policy by July 1, 2026 and update such policy every five years.

LEAs have broad authority to regulate the use of smartphones under both versions of Education Code section 48901.7. The use of smartphones may be limited or prohibited while students are at a school site, including during passing periods, and lunchtime. The statute provides discretion to LEAs to determine the appropriate boundaries for smartphone use based on the needs of its students and staff.

Education Code section 48901.7 still provides exceptions for when students may access and use smartphones . Under the prior and amended versions of the statute, exceptions for when students may possess or use a smartphone include any of the following circumstances:

In the case of an emergency, or in response to a perceived threat of danger;
When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator;
When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil;
When the possession or use of a smartphone is required in a pupil’s individualized education program (IEP).

In policy and practice, we recommend adhering to the exceptions outlined above when limiting or prohibiting the use of smartphones at school campuses.

Our firm has experience drafting and implementing policies regarding these requirements, as well as advising on disciplinary measures for students who violate such policies. If your agency requires counsel on drafting a smartphone policy or if you have any questions about this Alert, please contact your AALRR attorney or the authors of this Alert.