Feb 10, 2025

In his recent State of the State address, Governor Phil Murphy highlighted a significant initiative aimed at enhancing student focus and well-being—proposing a statewide ban on cell phones in K-12 classrooms. This bold move is part of a growing trend across the nation to address the challenges posed by student cell phone use during school hours. Advocates argue that a ban could reduce distractions, promote healthy social interactions and create a better learning environment for all students. While the idea of limiting cell phone use in schools is not new, this statewide push marks a significant step in addressing a challenge that district have individually been attempting to address for years. 

What is Being Proposed?

At the core of this proposal is a simple, yet impactful idea: limit the use of cell phones during school hours. According to a Pew Research Center survey conducted in the fall of 2023, a third of K-12 teachers say students being distracted by their cellphones is a major problem in their classroom. At the high school level, seventy-two percent (72%) of teachers indicate it is a major problem.[1] Legislation (S3695/A4882) has already been introduced in the New Jersey State Legislature, directing the Commissioner of Education to develop a policy to be used by local boards of education concerning student use of cellphones. Having passed the Senate with bipartisan and unanimous support on January 14, 2025, the bill has been referred to the Assembly Education Committee for review.

Pursuant to the bill passed by the Senate, and as introduced in the Assembly, any policy developed by the Commissioner of Education shall, at a minimum:

  1. Provide age appropriate and grade-level differentiated policies concerning limiting and prohibiting student use of cell phones and social media platforms
  2. Prohibit non-academic use of a cell phone or social medial during classroom instruction;
  3. Be consistent with State and federal law, including accommodations provided in a student’s Individual Education program or educational plan established pursuant to the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., or section 504 of the “Rehabilitation Act of 1973,” 29 U.S.C. s.794;
  4. Permit student use of cell phones in the case of an emergency or in response to a perceived threat of danger;
  5. Permit student use of cell phones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cell phone is necessary for the health or well-being of the student;
  6. Address smartphones, cell phones with only text or voice, and other relevant devices, including smart watches;
  7. List options that may be utilized by a school district for cell phone storage, including locked pouches and cell phone lockers;
  8. Provide guidance for a school district to establish network-based restrictions to prevent the use of, or access to, social media platforms; and
  9. Detail protocols for communicating the district’s policy concerning student use of cell phones and social media platforms to students, their families, and teaching staff members.[2]

Any such policy would become applicable upon the first full school year following the date of enactment. Thus, it is possible these provisions will be in effect for the 2025-2026 school year.

What Does This Mean for Schools?

This proposal would require local boards of education to adapt their policies and practices. Schools would need to establish clear rules for phone use, designate phone storage locations, and educate both students and parents on the new policy. It’s likely that some districts may have concerns about enforcement and compliance, particularly when it comes to ensuring that exceptions for students with special needs or medical conditions are properly handled.

Furthermore, the policy may have broader implications for school operations. Schools will need to consider communicating with parents about how students can reach them in case of an emergency and provide guidelines for handling after-school activities where students might need to use their phones. There may also be discussions about the logistics of keeping phones secure during the school day, and whether schools will provide lockers, secure containers, or other solutions. These solutions will likely have a financial cost associated, which must be considered during the budget process.

What Next?

While the legislation is still in the early stages, the bipartisan support and Governor Murphy’s endorsement is likely to expedite the legislative process. Following approval by the Assembly, the Commissioner of Education will have ninety (90) days to develop the required policy. In the meantime, boards of education can prepare for the inevitable, by reviewing current policies concerning student cell phone use and developing strategies to implement the expected changes. Although this ban may have numerous benefits, there remains many practical questions about the implementation and enforcement that schools will need to address in the coming months.

As the legislation makes its way through the Legislature, it’s essential that school leaders, administrators, and educators stay informed and prepared. Our office is committed to keeping you updated on legislative developments and providing guidance on how to navigate these changes effectively. For further information or to discuss how this might impact your district, please contact our office.

 

[1] Pew Research Center (2024, April 4). What’s It Like to Be a Teacher in America Today? https://www.pewresearch.org/social-trends/2024/04/04/whats-it-like-to-be-a-teacher-in-america-today.

[2] S3695, Introduced September 30, 2024; https://njleg.state.nj.us/bill-search/2024/S3695.

Chasan Lamparello
Mallon & Cappuzzo, PC

300 Lighting Way
Suite 200
Secaucus, NJ 07094
phone icon (201) 348-6000
fax icon (201) 348-6633
info@chasanlaw.com

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