HB 1238 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, providing for restricting possession and use by students of mobile devices.

PRINTER'S NO.     1389

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1238
                                               Session of
                                                 2025

     INTRODUCED BY GLEIM, GAYDOS, OLSOMMER, PICKETT, M. MACKENZIE,
        STAATS, ANDERSON, JAMES, SCHEUREN, ORTITAY, ROWE, KUZMA,
        COOPER AND KAUFFMAN, APRIL 17, 2025

     REFERRED TO COMMITTEE ON EDUCATION, APRIL 17, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, providing
 6      for restricting possession and use by students of mobile
 7      devices.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 1317.4.    Restricting Possession and Use by Students
14   of Mobile Devices.--(a)    Except as otherwise provided in this
15   section and in accordance with the policy adopted under
16   subsection (b), a student attending a school entity may not
17   possess or use a mobile device during instructional time in a
18   school building of the school entity.
19      (b)   The governing body of a school entity shall adopt a
20   policy that restricts students from possessing or using mobile
 1   devices during instructional time.
 2      (c)     The policy adopted under subsection (b) shall:
 3      (1)     Specify procedures for a student to deposit the
 4   student's mobile device in a lockbox, case, pouch with a locking
 5   mechanism or other secure location during instructional time in
 6   a school building of the school entity.
 7      (2)     Specify procedures for a student to retrieve the
 8   student's mobile device from the lockbox, case, pouch with a
 9   locking mechanism or other secure location.
10      (3)     Specify procedures for students and parents to contact
11   one another during instructional time.
12      (d)     The policy adopted under subsection (b) may not limit a
13   student's use of a mobile device when the student:
14      (1)     is a member of a volunteer fire company, ambulance or
15   rescue squad and the use is for the performance of an official
16   duty as a member of the volunteer fire company, ambulance or
17   rescue squad;
18      (2)     has a need for the mobile device due to the medical
19   condition of the student or an immediate family member of the
20   student;
21      (3)     has a disability and use of a mobile device is required
22   by the student's individualized education plan;
23      (4)     is an English language learner and uses the mobile
24   device for translation purposes;
25      (5)     has permission from a teacher to use a mobile device for
26   educational purposes during instructional time; or
27      (6)     is otherwise permitted to do so under the policy.
28      (e)     The policy under subsection (b) shall be adopted at an
29   open meeting of the governing body of the school entity where
30   members of the public have the opportunity to provide feedback

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 1   on the policy.
 2      (f)   At the beginning of each school year, a school entity
 3   shall inform parents and legal guardians, teachers and students
 4   of the policy adopted under subsection (b) and any changes to
 5   the policy since the previous school year, if applicable.
 6      (g)   As used in this section, the following words and phrases
 7   shall have the meanings given to them in this subsection unless
 8   the context clearly indicates otherwise:
 9      "Instructional time."    The time during which students
10   participate in an approved course, curriculum or other
11   educationally related activity under the direction of a teacher.
12   The term does not include a period of time between classes,
13   lunch or recess.
14      "Mobile device."    A personal mobile telephone or other
15   portable electronic communication device, not owned by a school
16   entity or issued by a school entity to a student, with which a
17   user can engage in a call or write or send a message. The term
18   includes a device in which the user can play a game or watch a
19   video.
20      "School entity."    A school district, intermediate unit, area
21   career and technical school, charter school or regional charter
22   school or cyber charter school operating within this
23   Commonwealth.
24      Section 2.    This act shall take effect in 60 days.




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