1     
PERSONAL ELECTRONIC DEVICE USE IN PUBLIC

2     
SCHOOLS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Susan Pulsipher

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill enacts provisions regarding the use of a personal electronic device in public
11     schools.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires a public school to develop a policy regarding the use of personal electronic
16     devices on school premises;
17          ▸     requires a public school to submit the device policy to the local education agency
18     governing board at least every two years for review;
19          ▸     requires each local education agency governing board to review and approve or
20     suggest revisions to each school's device policy;
21          ▸     requires a public school to provide the device policy to parents, students, and
22     employees; and
23          ▸     provides requirements related to device policy training.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     ENACTS:
30          53G-7-1301, Utah Code Annotated 1953
31          53G-7-1302, Utah Code Annotated 1953
32          53G-7-1303, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53G-7-1301 is enacted to read:
36     
Part 13. Personal Electronic Device Policy

37          53G-7-1301. Definitions.
38          As used in this part:
39          (1) "Allowable classroom use policy" means a device policy that prohibits an
40     individual from using a personal electronic device on school premises except:
41          (a) during lunch time;
42          (b) during recess;
43          (c) in a school hallway or common area while moving between classrooms;
44          (d) during a school-sponsored event;
45          (e) before and after regular school hours;
46          (f) inside a classroom during regular school hours only if authorized by a teacher; or
47          (g) as specifically allowed by the school's device policy.
48          (2) "Device policy" means a policy developed by a school regarding the use of a
49     personal electronic device as described in Section 53G-7-1302.
50          (3) "Permissive policy" means a device policy that:
51          (a) prohibits an individual from using a personal electronic device on school premises
52     except:
53          (i) during lunch time;
54          (ii) during recess;
55          (iii) in a school hallway or common area while moving between classrooms;
56          (iv) during a school-sponsored event; or
57          (v) before and after regular school hours; and
58          (b) requires that a personal electronic device remain out of sight and turned off or

59     placed in silent mode while inside a classroom during regular school hours.
60          (4) "Personal electronic device" means an electronic device that:
61          (a) can access the Internet, including:
62          (i) a smart phone;
63          (ii) a tablet; or
64          (iii) a virtual reality device;
65          (b) can be used to listen to audio recordings, including earphones or a wireless device;
66     and
67          (c) is not the property of a school or an LEA.
68          (5) "Restrictive policy" means a device policy that requires, unless a school counselor
69     or administrator provides otherwise through written authorization to an individual for a specific
70     reason, that a personal electronic device remain out of sight and turned off or placed in silent
71     mode while on school premises, on school-sponsored transportation, or at a school-sponsored
72     event.
73          (6) "School-sponsored event" means:
74          (a) an extracurricular activity, including a field trip or an extended school-sponsored
75     trip; or
76          (b) school-sponsored transportation to and from an extracurricular activity.
77          Section 2. Section 53G-7-1302 is enacted to read:
78          53G-7-1302. Device policy required -- Review and approval by an LEA governing
79     board -- Notification.
80          (1) On or before August 1, 2019, a school shall develop a device policy that is:
81          (a) an allowable classroom use policy;
82          (b) a permissive policy; or
83          (c) a restrictive policy.
84          (2) The device policy shall address the following minimum components:
85          (a) prohibitions and acceptable use of personal electronic devices:
86          (i) on the school premises;
87          (ii) while using school-sponsored transportation; and
88          (iii) at a school-sponsored event;
89          (b) prohibitions and acceptable use of personal electronic devices during the

90     administration of a statewide assessment;
91          (c) possible consequences for violating the device policy; and
92          (d) possible criminal penalties for violating state or federal law.
93          (3) At least every two years, a school shall submit the school's device policy to the
94     LEA governing board for review and approval.
95          (4) (a) After reviewing a school's device policy, the LEA governing board shall:
96          (i) approve the device policy; or
97          (ii) not approve the device policy and submit suggested revisions on the device policy
98     to the school.
99          (b) If the LEA governing board does not approve a school's device policy, the school
100     shall, within 30 days of receiving the suggested revisions:
101          (i) revise the device policy; and
102          (ii) submit the revised device policy to the LEA governing board for review.
103          (5) An LEA governing board shall provide public notice and hold at least one public
104     meeting to address a school's proposed or revised device policy.
105          (6) A school shall prominently post:
106          (a) copies of the school's device policy in the school; and
107          (b) an electronic link to the school's device policy on the school's or LEA's website.
108          (7) A school shall, within 20 days of the start of each school year, provide a copy of the
109     school's device policy to parents, students, and employees.
110          Section 3. Section 53G-7-1303 is enacted to read:
111          53G-7-1303. Required training on school device policies.
112          (1) A school that adopts a permissive policy shall, within the first 20 days of each
113     school year, provide school-wide or in-classroom training to employees and students that
114     covers:
115          (a) the contents of the device policy;
116          (b) the LEA's conduct and discipline policies as described in Section 53G-8-202;
117          (c) the possible consequences for misuse of a personal electronic device in violation of:
118          (i) the device policy; or
119          (ii) the school online access policy described in Section 53G-7-1003;
120          (d) the prohibition and possible consequences of using a personal electronic device in

121     violation of state or federal law; and
122          (e) the benefits of connecting to the Internet, utilizing the school's Internet filters, while
123     on school premises.
124          (2) A school that adopts an allowable classroom use policy shall:
125          (a) provide, within the first 20 days of each school year, school-wide or in-classroom
126     training to employees and students that covers:
127          (i) the elements described in Subsections (1)(a) through (e); and
128          (ii) specific rules governing the use of a personal electronic device while in a
129     classroom; and
130          (b) require that each teacher who allows the use of a personal electronic device in the
131     classroom clearly communicate to parents and students the conditions under which the use of a
132     personal electronic device is allowed.