Bill Text: NY S01520 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of education to establish rules, regulations and guidelines regarding the use and possession of mobile telephones by students while in school; provides that such mobile telephones shall be allowed into a school facility but shall be prohibited from being used in the classroom during regular school hours except during an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S01520 Detail]

Download: New_York-2009-S01520-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1520
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens.  DUANE, KRUEGER -- read twice and ordered printed,
         and when printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to the use and possession
         of mobile telephones by students
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 305 of the education law is amended by adding a new
    2  subdivision 42 to read as follows:
    3    42.  THE  COMMISSIONER IS HEREBY AUTHORIZED, EMPOWERED AND DIRECTED TO
    4  ESTABLISH RULES AND REGULATIONS, AND FROM TIME TO TIME AMEND  GUIDELINES
    5  AND  SPECIFICATIONS,  TAKING  NECESSARY  ACTION  REGARDING  THE  USE AND
    6  POSSESSION OF A MOBILE TELEPHONE BY A STUDENT IN  ANY  SCHOOL  FACILITY.
    7  SUCH   RULES,   REGULATIONS  AND  GUIDELINES  SHALL  PRESCRIBE  FOR  THE
    8  POSSESSION OF A MOBILE TELEPHONE BY A STUDENT, ALLOWING FOR A STUDENT TO
    9  CARRY A MOBILE TELEPHONE INTO A SCHOOL FACILITY, PROHIBITING THE USE  OF
   10  SUCH  MOBILE  TELEPHONE  BY  A  STUDENT  IN THE CLASSROOM DURING REGULAR
   11  SCHOOL HOURS EXCEPT DURING  AN  EMERGENCY,  PROHIBITING  A  SCHOOL  FROM
   12  CONFISCATING  A MOBILE TELEPHONE FROM A STUDENT AND PROVIDING FOR NOTICE
   13  TO ALL STUDENTS BY MEANS OF PRINTED  MATERIAL  OR  OTHER  SIMILAR  MEANS
   14  WITHIN  THE SCHOOL FACILITY THAT SUCH MOBILE TELEPHONE USE IS PROHIBITED
   15  IN A CLASSROOM DURING REGULAR SCHOOL HOURS EXCEPT DURING AN EMERGENCY.
   16    S 2. The education law is amended by adding a  new  section  409-j  to
   17  read as follows:
   18    S  409-J. USE AND POSSESSION OF MOBILE TELEPHONE IN A SCHOOL FACILITY.
   19  1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS  SHALL  HAVE  THE
   20  FOLLOWING MEANINGS:
   21    (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PARO-
   22  CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WITH A FACILI-
   23  TY USED FOR INSTRUCTION;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01345-01-9
       S. 1520                             2
    1    (B)  "FACILITY"  SHALL  MEAN  ANY SCHOOL BUILDING OR FACILITY USED FOR
    2  INSTRUCTIONAL PURPOSES AND THE SURROUNDING GROUNDS OR OTHER  SITES  USED
    3  FOR PLAYGROUNDS, ATHLETICS OR OTHER INSTRUCTIONAL PURPOSES;
    4    (C)  "MOBILE  TELEPHONE"  SHALL  MEAN  A  CELLULAR,  ANALOG, WIRELESS,
    5  DIGITAL OR OTHER SIMILAR TELEPHONE OR COMMUNICATIONS  DEVICE,  WHICH  IS
    6  USED  TO  ACCESS TWO-WAY REAL TIME VOICE TELECOMMUNICATIONS SERVICE THAT
    7  IS INTERCONNECTED TO A PUBLIC SWITCHED TELEPHONE NETWORK AND IS PROVIDED
    8  BY A COMMERCIAL MOBILE RADIO SERVICE, AS SUCH TERM IS DEFINED BY 47  CFR
    9  S 20.3; AND
   10    (D) "USE" SHALL MEAN TO RECEIVE A MOBILE TELEPHONE CALL SIGNALED BY AN
   11  AUDIBLE  SOUND,  DIAL A MOBILE TELEPHONE, TEXT MESSAGE, USE OF CELLPHONE
   12  CAMERA, TALK OR LISTEN ON A MOBILE TELEPHONE OR HOLD A MOBILE  TELEPHONE
   13  TO, OR IN THE IMMEDIATE PROXIMITY OF, THE STUDENT'S EAR.
   14    2.  THE  COMMISSIONER  SHALL  REQUIRE A SCHOOL FACILITY TO PROVIDE FOR
   15  PROMINENT AND CONSPICUOUS NOTICE TO ALL STUDENTS BY  MEANS  OF  SIGNAGE,
   16  PRINTED  MATERIAL  OR SIMILAR MEANS WITHIN A SCHOOL FACILITY THAT MOBILE
   17  TELEPHONE USE IS PROHIBITED IN A CLASSROOM DURING REGULAR SCHOOL HOURS.
   18    3. IN ACCORDANCE WITH THE RULES  AND  REGULATIONS  PRESCRIBED  BY  THE
   19  COMMISSIONER,  A  STUDENT  SHALL  BE ALLOWED TO CARRY A MOBILE TELEPHONE
   20  INTO A SCHOOL FACILITY AND USE A MOBILE TELEPHONE TO CONTACT AN EMERGEN-
   21  CY RESPONSE OPERATOR, HOSPITAL, PHYSICIAN'S  OFFICE  OR  HEALTH  CLINIC,
   22  AMBULANCE COMPANY, FIRE COMPANY, FIRST AID SQUAD OR POLICE DEPARTMENT IN
   23  AN EMERGENCY SITUATION OR IN ANY OTHER CIRCUMSTANCE  WHICH MAY BE DEEMED
   24  AN EMERGENCY.
   25    S 3. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law; provided, however, that effective immediate-
   27  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   28  necessary for the implementation of this act on its effective  date  are
   29  authorized  and directed to be made and completed by the commissioner of
   30  education on or before such effective date.