“No Cell from Bell to Bell”: Smartphone Restrictions in New York Schools

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Richard Rifkin, Esq.*

May 21, 2025

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Introduction

School administrators and state lawmakers across the U.S. have created various policies related to the use of cellphones in schools, the majority of which hone in on smartphones and other internet-enabled devices.¹ On May 9, 2025, New York State Governor Kathy Hochul signed into law an amendment to the state’s Education Law that restricts the use of smartphones during the school day.² The bill enacting this law was included within the state budget process set forth in Article VII of the Constitution.³ Part C of the newly enacted Education, Labor and Family Assistance Article VII budget bill adds a new section 2803 to the state’s Education Law. With this statute, New York has become the fifth state to enact statewide limitations on cellphone use during school hours.⁴

After an agreement with the Legislature to pass this bill had been reached, the Governor described it as a “commitment to protecting youth mental health and promoting student success in the digital age[…].”⁵ Thus, the objective of the statute and its fundamental statewide rule are clear. Less clear is the matter of how it is to be implemented.

N.Y. Education Law § 2803

The new statute requires “each school district, charter school, and board of cooperative educational services” to adopt a written policy prohibiting the use of internet-enabled devices by students during the school day anywhere on school grounds.⁶ In the statute, “internet-enabled devices” includes “any 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.”⁷ The term “school day” is defined as “every instructional day … during all instructional time and non-instructional time, including, but not limited to homeroom periods, lunch, recess, study halls, and passing time.”⁸ School grounds is defined to include any building or land “within the real property boundary line” of the school.⁹

The new law leaves the matter of implementation to “each school district, charter school and board of cooperative educational services.”¹⁰ (The last is commonly known as “BOCES.”) Each of these entities is required by the new law “to adopt a written policy” implementing the statewide rule. The law requires these entities to “consult local stakeholders, including but not limited to the employee organization representing each bargaining unit within the school building, parents, and students in the development of such policy prior to its adoption.”¹¹

In terms of timing, the policy is required to be posted on the website of each implementing entity by August 1, 2025.¹² A parent¹³ or student has the right, upon request, to have it translated into any one of the twelve most commonly spoken languages based upon the census.

Beyond the procedural requirements, there are mandates imposed on the implementing entities. One such mandate requires the policy to include one or more methods for parents “to contact the student during the school day….”¹⁴ There is no further guidance regarding this requirement. In addition, a parent must be notified of the method or methods permitted to enable this contact “at the beginning of each school year and upon enrollment.” Another mandate is the requirement that there be “one or more methods for on-site storage” to allow the students to store their devices during the school day.¹⁵ This may include student lockers.

There are also provisions that are optional. The policy adopted may allow a student’s use of the device in defined circumstances. These are: (1) if authorized by a teacher, principal or implementing entity “for a specific educational purpose”; (2) where necessary with regard to the student’s healthcare; (3) in the event of an emergency; (4) for translation services; (5) upon approval of a school psychologist, social worker or counselor with respect to a student responsible for the care of a family member; or (6) where required by law.¹⁶ In addition, the policy adopted may not prohibit a student’s use of an internet-enabled device in circumstances where such use is included in the student’s individualized education program (IEP) or plan developed pursuant to the federal Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs conducted by federal agencies or receiving federal financial assistance.¹⁷

The new state law contains an important prohibition: no student may be suspended if the only reason for taking such action is the student’s violation of the policy that has been adopted.¹⁸

Finally, each implementing entity is required to issue an annual report, which must be posted on its website by September 1, 2026, and every year thereafter.¹⁹ The report must include “non-identifiable demographic data of students who have faced disciplinary action for non-compliance” as well as an analysis of any “demographic disparities” with respect to enforcement. If there have been such disparities, the report must include a “mitigation action plan.”²⁰

Conclusion

The new state law is now in effect. Significant issues are expected as implementation of this new law is commenced. Skeptics of smartphone restrictions have raised concerns that enforcing the policy could lead to more discipline-related cases and conflicts between students and educators, if teachers are expected to be responsible for enforcement.²¹ Others have raised concerns about the anticipated costs of enforcement. While the state budget includes $13.5 million to assist schools with purchasing phone pouches or other storage solutions, the New York City Office of Management and Budget projected that it could cost $25 million for New York City schools to purchase such supplies.²² With several individual schools and school districts in New York having previously adopted smartphone restriction policies,²³ school districts will have a variety of examples on which to model their policies restricting the use of internet-enabled devices during the school day.

Notes