SB 2354 — AN ACT to amend and reenact the new section to chapter 15.1-07 of the North Dakota Century Code, as created by House Bill No. 1160, as approved by the sixty-ninth legislative assembly, relating to the use of personal electronic devices in schools providing prekindergarten, elementary, or secondary education.

25.1182.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2354 Introduced(Senators by Senators Axtman, Cleary, Sickler, ThomasThomas) Representatives(Representatives Bosch, O'BrienO'Brien) AAN BILLACT for an Act to createamend and enactreenact athe new section to chapter 15.1-07 of the North Dakota Century Code, relatingas tocreated schoolby districtHouse personalBill electronicNo. device policies;

and1160, as approved by the sixty-ninth legislative assembly, relating to providethe anuse appropriation.of personal electronic devices in schools providing prekindergarten, elementary, or secondary education.

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

PersonalThe electronicnew devicesection policy.to chapter 15.1-07 of the North Dakota Century Code, as created by House Bill No.

1160, as approved by the sixty-ninth legislative assembly, is amended and reenacted as follows:

Personal electronic devices - Prohibition during instructional time.

As used in this section,section: "personal electronic device" means a portable wireless device with the capability to provide voice, messaging, or other data communication between two or more parties, including a cell phone, tablet computer, laptop computer, or gaming device.

2.

Before August 1, 2026, a school district in coordination with the board of the school district shall adopt and implement a personal electronic device policy that:

Except"Instructional astime" providedmeans inthe subdivisionstime bfrom andthe cstart andof subsectionthe 3,school minimizesday oruntil prohibitsdismissal at the end of the school day on school premises, for which the signal may be the ringing of a studentbell, fromincluding usinga structured or unstructured learning experience, recess, a personallunch electronicperiod, deviceand duringtime schoolin hours;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.

Authorizes"Parent" means a teacherparent toor allowguardian of a student towho useis aauthorized personalto electronicmake devicedecisions forregarding educationaleducation purposesfor duringthe instructionalstudent. time;

Permits"Personal aelectronic studentcommunication todevice" usemeans a personalportable electronic device capable of communication by voice, text, or other data with one or more other parties or devices, or capable of connection to managea smartphone, the student'sinternet, healthor care,a ascellular documentedor bywireless fidelity network, including a licensedsmartphone, treatingcell providerphone, orbluetooth-enabled indevice, accordancetablet, withsmartwatch anor individualother healthwearable plan;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.].

Is"School" consistentmeans acrossa gradepublic levels;school providing prekindergarten, elementary, or secondary education, including area career and technology centers.

andThe Pageterm No.does not include virtual schools, virtual instruction, the North Dakota center for distance education, or education occurring in a home-school environment.

1 25.1182.03000 Sixty-ninth Legislative Assembly e.

Promotes"School-related evidence-basedactivity" smartphonemeans practicesa toschool supportsanctioned studentactivity, learningevent, 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 well-being.school dance.

3.f.

The"Student" policymeans underan subsectionindividual 2currently mayenrolled notor prohibitregistered aat student from using a personal electronic device during school hoursas ifdefined theunder usesubdivision d of thethis personalsection. electronic device is included in the student's individualized education program in accordance with the Individuals with Disabilities Education Act [29 U.S.C.

1400],S. a plan developed under section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C.

794],B. or any other applicable law.

4.NO.

A2354 school- districtPAGE shall:2 2.

Each school district or applicable governing body shall adopt and implement a policy for schools which:

SolicitRequires inputall frompersonal stakeholderselectronic tocommunication developdevices thebe policysilenced underor subsectionturned 2off, tosecurely ensurelockedstowed theaway, policyand isinaccessible responsive to thestudents uniqueduring needsinstructional andtime; desires of students, parents, and educators in the community.

EnsureEnsures thestudents policydo carefullynot considershave theaccess retentionto ofpersonal possessionelectronic andcommunication securitydevices, againstby lossrequiring the devices to be locked or theftstowed ofaway thein personala electronicsecure devices.lockable pouch, phone locker, pencil pouch, manila envelope, or other inaccessible location;

PublishProvides onschools itsmay websitelimit theor allow student access to personal electronic devicecommunication policy.devices outside of instructional time, during a school-related activity;

d.d.c.

AnnuallyIncludes reviewenforcement andprovisions updateto policiesensure basedstrict oncompliance emergingwith researchthe andpolicy databy regardingstudents personaland electronicschool deviceemployees; use in schools.

and e.d.

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.

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;