HB 1160 — AN ACT to create and enact a new section to chapter 15.1-07 of the North Dakota Century Code, relating to the use of personal electronic devices during instructional time.

25.0641.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1160 Introduced(Representatives by Representatives Jonas, Longmuir, Nelson, SanfordSanford) AAN BILLACT for an Act to create and enact a new section to chapter 15.1-0615.1-07 of the North Dakota Century Code, relating to policiesthe foruse studentof cellularpersonal telephoneelectronic use.devices during instructional time.

A new section to chapter 15.1-0615.1-07 of the North Dakota Century Code is created and enacted as follows:

CellularPersonal telephoneelectronic usagedevices policy.- Prohibition during instructional time.

"Cellular"Instructional telephone"time" means athe wirelesstime communicationfrom device,the start of the school day until dismissal at the end of the school day on school premises, for which isthe capablesignal may be the ringing of transmittinga voice,bell, text,including a structured or dataunstructured learning experience, recess, a lunch period, and time in between parties.classes.

The term does not include aprivate tablet,student laptoptravel computer,time to and from an area career and technology center or personalother computeroffsite approvedlearning byexperience theor schoolinstructional districttime foroccurring educationalin use.virtual environments off school premises.

"Instructional"Parent" time" means thea timeparent whenor guardian of a student who is attendingauthorized classto ormake andecisions educationalregarding activity.education for the student.

"Noninstructional"Personal time"electronic communication device" means thea timeportable whenelectronic adevice studentcapable isof notcommunication attendingby classvoice, text, or another educationaldata activity,with includingone lunch,or recess,more timeother betweenparties classes,or devices, or capable of connection to a smartphone, the timeinternet, beforeor a student'scellular firstor classwireless andfidelity afternetwork, including a student'ssmartphone, lastcell class,phone, andbluetooth-enabled opendevice, classtablet, periods.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 home-school 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.

AEach board of a school district shallor adoptapplicable a policy governing thebody useshall ofadopt cellularand telephonesimplement duringa instructionalpolicy andfor noninstructionalschools time.which:

a.

Requires all personal electronic communication devices be silenced or turned off, securely locked away, and inaccessible to students during instructional time;

H.

B.

NO.

1160 - PAGE 2 b.

Ensures students do not have access to personal electronic communication devices, by requiring the devices to be locked or stowed away in a secure lockable pouch, phone locker, pencil pouch, manila envelope, or other inaccessible location;

c.

Provides schools may limit or allow student access to personal electronic communication devices outside of instructional time, during a school-related activity;

d.

Includes enforcement provisions to ensure strict compliance with the policy by students and school employees;

and e.

Provides a student may contact the student's parent or authorized caregiver during the school day if needed by using a school telephone made available to the student in a manner and location designated by the school.

ANotwithstanding policy:subsection 2, a school may not prohibit a student from possessing or using a personal electronic communication device, if:

MayA includemedical timeprovider andlicensed locationunder restrictionstitle for43 cellulardetermines telephonethe usage,possession limitationsor regardinguse disruptions,of propera instructionalpersonal use,electronic acceptablecommunication anddevice unacceptableis usenecessary Pagefor No.the health or well-being of the student;

1or 25.0641.02000b. Sixty-ninth Legislative Assembly of cellular telephones for students and staff, and disciplinary actions for student noncompliance.

b.The possession or use of a personal electronic communication device is required by the student's individual education program under the Individuals with Disabilities Education Act [Pub.

MustL. include exceptions for:

(1)91-230; Medical accommodations.

An84 individualStat. may use a cellular telephone or other technological device, if required for accommodations based on a disability or management of a medical condition, including continuous glucose monitoring or seizure alerts.