Bill Text: NJ S3695 | 2024-2025 | Regular Session | Amended


Bill Title: Requires guidelines on student use of internet-enabled devices to be developed by DOE and policy to be adopted by governing body of each public school.

Sponsorship: Moderate Partisan Bill (Democrat 11-3)

Status: (Passed) 2026-01-08 - Approved P.L.2025, c.195. [S3695 Detail]

Download: New_Jersey-2024-S3695-Amended.html

[Third Reprint]

SENATE, No. 3695

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED SEPTEMBER 30, 2024

 


 

Sponsored by:

Senator  PAUL D. MORIARTY

District 4 (Atlantic, Camden and Gloucester)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Senators Turner, O'Scanlon and Gopal

 

 

 

 

SYNOPSIS

     Requires guidelines on student use of internet-enabled devices to be developed by DOE and policy to be adopted by governing body of each public school.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 8, 2025.

  


An Act concerning student use of 3[cell phones and social media platforms] internet-enabled devices3 and supplementing chapter 36 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     31.   As used in this act:

     "Board of education" means a board of education as defined in N.J.S.18A:18A-2, a board of trustees of a charter school, and a board of trustees of a renaissance school project.

     "Internet-enabled device" means a smartphone, tablet, smartwatch, or other device capable of connecting to the internet and enabling the user to access content on the internet, including social media applications. An internet-enabled device shall not include a non-internet-enabled device or an internet-enabled device provided by a public school when used for educational purposes.

     "Non-internet-enabled device" means a cell phone or other communication device that is not capable of connecting to the internet or enabling the user to access content on the internet.

     "Public school" means and includes a school, under college grade, which is operated by the governing body of a school district, charter school, or renaissance school project.3

 

      3[1.] 2.3    a.  To assist 3[school districts] boards of education3 in developing policies concerning student use of 3[cell phones and social media platforms] internet-enabled devices3 during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education, the Commissioner of Education shall develop 2[a policy] guidelines2 applicable to students enrolled in grades kindergarten through 12. The 2[policy] guidelines2 shall be issued no later than 90 days after the effective date of this act.

     b.    The 2[policy] guidelines2 shall, at a minimum:

     (1)   provide age appropriate and grade-level differentiated 2[policies] guidelines2 concerning limiting and prohibiting student use of 3[cell phones and social media platforms] internet-enabled devices3;

     (2)   prohibit non-academic use of 3[a cell phone or social media during classroom instruction] an internet-enabled device on school grounds during the school day3;

     (3)   be consistent with State and federal law, including accommodations provided in a student's Individualized Education Program 2[or educational plan] (IEP)2 established pursuant to the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., 2[or] educational plan established pursuant to2 section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. s.794 2, or student health plan established to monitor or address a student's health condition2;

     (4)   2[permit] address permitting2 student use of cell phones in the case of an emergency or in response to a perceived threat of danger;

     (5)   2[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)]2  3authorize student use of an internet-enabled device on school grounds during the school day, or during school-sanctioned events:

     (a) if authorized by a principal, chief school administrator, or their designee, for a necessary specified purpose, which shall be authorized only when no reasonable alternative exists to achieve the same objective while maintaining compliance with the guidelines issued by the Commissioner of Education;

     (b) if necessary for the provision and administration of a student's prescribed care consistent with the submission by a parent or guardian of documentation from a health care professional;  (c) for translation services;

     (d) on a case-by-case basis for a student caregiver who is routinely responsible for the care or well-being of a family member, upon approval from a principal, chief school administrator, or their designees, which may include a school psychologist, school social worker, or school counselor; and

     (e) when required by law;

     (6)3  address 3[smartphones,] internet-enabled devices and3 cell phones with only text or voice3[, and other relevant devices, including smart watches]3;

     2[(7)] 3[(6)2] (7)3 list options that may be utilized by a 3[school district] board of education3 for 3[cell phone]3 storage 3of an internet-enabled device3, including locked pouches and 3[cell phone]3 lockers;

     2[(8)] 3[(7)2] (8)3 provide guidance for a 3[school district] board of education3 to establish network-based restrictions to prevent the use of, or access to, social media platforms; and

     2[(9)] 3[(8)2] (9)3 detail protocols for communicating the 3[district's] board of education's3 policy concerning student use of 3[cell phones and social media platforms] internet-enabled devices3 to students, their families, and teaching staff members.

     c.     The 2[policy] guidelines2 shall promote student learning and well-being.  In developing the 2[policy] guidelines2, the commissioner shall 1[involve] consult with interested1 stakeholders 1in the education community including, but not limited to, the New Jersey Education Association, 2the American Federation of Teachers,2 the New Jersey School Boards Association, 2[and]2 the New Jersey Principals and Supervisors Association,1 2and the New Jersey Association of School Administrators,2 to ensure that the 2[policies] guidelines2 are responsive to the needs of students, parents, and teaching staff members.

     d.    A board of education shall 2[, except as otherwise exempt pursuant to subsection e. of this section,]2 adopt a policy concerning student use of 3[cell phones and social media platforms] internet-enabled devices3 during regular school hours, on a school bus, or during school-sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. 3The policy shall address the use of internet-enabled devices in the event of an emergency situation or in response to a perceived threat of danger.3 The policy shall be consistent with the 2[policy] guidelines2 developed pursuant to subsection a. of this section.

     e.     2[The commissioner may, upon submission of an application to the commissioner in a manner and form to be determined by the commissioner, exempt a board of education from the requirements of subsection d. of this section.

     f.]2  Nothing in this section shall be construed to prevent a 3[school district] board of education3 from adopting a policy on the use of 3[cell phones and social media platforms] internet-enabled devices3 by students enrolled in the 3[district] public school3 that is more stringent than the 2[policy] guidelines2 developed by the commissioner pursuant to subsection a. of this section.

     2f.   The guidelines developed by the commissioner pursuant to subsection a. of this section shall not prohibit a principal 3, chief school administrator,3 or 3[a]3 designee from making a reasonable accommodation for the use of 3[cell phones or social media platforms] internet-enabled devices3 for educational purposes.2

 

     3[2.] 3.3  This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.

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