Section 162.207

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 2025, see footnote   

  162.207.  Electronic personal communication devices, written policy on possession and use — immunity from liability, when — expiration date. — 1.  As used in this section, "electronic personal communications device" means a portable device that is used to initiate, receive, store, or view communication, information, images, or data electronically.

  2.  (1)  For the 2025-26 school year and all subsequent school years, each school district and charter school governing board shall adopt a written policy governing a student's possession or use of an electronic personal communications device.

  (2)  Such school district or governing board shall develop and design such policy to promote the educational interests of students and to provide a safe and effective working environment for school employees and volunteers.

  3.  Such policy shall, at a minimum:

  (1)  Prohibit a student from displaying or using an electronic personal communications device from the beginning of the school day until the end of the school day, including, but not limited to, instructional time, meal times, breaks, time between classes, and during study halls;

  (2)  Describe the disciplinary procedures and measures that will be taken if a student violates the policy; and

  (3)  (a)  Provide exceptions to the prohibition that allow the display and use of an electronic personal communications device by a student when such display and use is necessary for compliance with any of the following:

  a.  An individualized education program, or IEP, as such term is defined in 20 U.S.C. Section 1401, as amended;

  b.  A 504 plan created under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended;

  c.  An individualized emergency health care plan or an individualized health care plan established under section 167.625;

  d.  The Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., as amended;

  e.  The Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq., as amended;

  f.  The federal Civil Rights Act of 1964; or

  g.  The federal Equal Educational Opportunities Act of 1974, 20 U.S.C. Section 1701, et seq., regarding English language learners, as such term is defined in 29 U.S.C. Section 3102, as amended.

  (b)  Such exceptions may include when the use of such device is allowable for the following:

  a.  In the case of an emergency.  For purposes of this subparagraph, "emergency" means a serious, unexpected, and dangerous situation that requires immediate action, including, but not limited to, the following:

  (i)  An active fire;

  (ii)  An active tornado or earthquake;

  (iii)  An active shooter;

  (iv)  An evacuation of school grounds;

  (v)  A medical emergency; or

  (vi)  Any other serious, unexpected, and dangerous situation that requires immediate action and is identified in school district policy as an emergency; and

  b.  When directed to use such device for an educational purpose with authorization as directed by established board policies.

  4.  Each school district and charter school governing board shall publish the policy on such district's or charter school's website.

  5.  A school district or charter school employee or volunteer shall be held harmless and immune from any liability for actions taken under this section if such employee or volunteer acts in good faith and follows the proper disciplinary procedures and measures adopted under this section by the school board or charter school governing board.

  6.  The provisions of this section shall expire on August 28, 2032.

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(L. 2025 S.B. 68)

Expires 8-28-32