Representative Trevor Lee proposes the following substitute bill:


1     
SCHOOL CELLPHONE USAGE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Trevor Lee

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the use of cellphones and smart watches in classrooms.
10     Highlighted Provisions:
11          This bill:
12          ▸     subject to certain exceptions, prohibits a student from possessing a cellphone or
13     smart watch in a classroom; and
14          ▸     requires a local education agency (LEA) to enforce the provisions of this bill, in the
15     manner determined by the LEA.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          53G-7-224, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53G-7-224 is enacted to read:

26          53G-7-224. Cellphones and smart watches in classrooms -- Prohibition --
27     Exceptions -- Enforcement.
28          (1) (a) "Smart watch" means a wearable computing device that closely resembles a
29     wristwatch or other time-keeping device with the capacity to act as an extension of an
30     individual's cellphone.
31          (b) "Smart watch" does not include a wearable device that can only:
32          (i) tell time;
33          (ii) monitor an individual's health informatics; or
34          (iii) track the individual's physical location.
35          (2) An LEA shall ensure that each classroom includes a location where a student may
36     place a cellphone or smart watch in an individual receptacle when entering the classroom.
37          (3) Except as provided in Subsections (4) through (6), if a student's cellphone or smart
38     watch use is determined by an educator or administrator to be disruptive or interring with
39     classroom instruction:
40          (a) the student may not have a cellphone or smart watch in the student's possession in
41     the classroom; and
42          (b) the student may not retrieve a cellphone or smart watch from the location described
43     in Subsection (2) until the student leaves the classroom.
44          (4) A student may possess a cellphone or smart watch in a classroom:
45          (a) if possession is necessary to respond to an imminent threat to the health or safety of
46     an individual;
47          (b) to the extent the possession is expressly permitted in the student's individualized
48     education program or Section 504 accommodation plan; or
49          (c) to the extent needed to address a medical necessity, as explained in a note signed by
50     the student's parent.
51          (5) A student in an elementary school may not retrieve the student's cellphone or smart
52     watch during lunch or recess.
53          (6) A student in a secondary school may possess the student's cellphone or smart watch
54     between classes and during lunch.
55          (7) An LEA shall:
56          (a) enforce the provisions of this section;

57          (b) describe in a written policy the method of enforcement, including the disciplinary
58     actions for a violation; and
59          (c) require an educator or administrator to enforce the LEA's policy when a cellphone
60     or smart watch is determined to be disruptive or interring with classroom instruction.