Schools Must Act By July 1 to Adopt Policy Prohibiting Cell Phone Use During Instructional TimeBy Malina Piontek, Attorney, LLC, AWSA’s Retained Legal Counsel & Dr. Amy VanDeuren, Paralegal at Pionteklaw This year, Wisconsin joined 35 other states in enacting legislation designed to limit the use of cell phones and other electronic devices in school. 2025 Wisconsin Act 42 (Act 42)* was signed by Governor Evers in October, which mandates that all school districts adopt a policy by July 1, 2026, prohibiting students from using wireless communication devices, other than a school district-issued device, during instructional time. Governor Evers said in a statement that the decision about whether to sign the bill into law weighed heavily on him, especially given his belief that “decisions like this should be made at the local level by local school districts.” However, he said he is deeply concerned about how cell phone and social media use are affecting students, including their mental health, school outcomes and social skills. “Our kids are struggling today, perhaps now more than ever. It’s really tough to be a kid these days, and we know that cellphones can be a major distraction from learning, a source of bullying, and a barrier to our kids’ important work of just being a kid,” Governor Evers said in his statement. What is Required in a Policy? A school district’s policy must use the definition under Act 42 to define a “wireless communication device” as “a portable wireless device that has the capability to provide voice, messaging, or other data communication between two or more parties.” The policy must also specify that a wireless communication device includes a cellular telephone, a tablet computer, a laptop computer, and a gaming device. In addition, under Act 42 the policy must include the following exceptions to the prohibition on wireless communication device use:
What is Permissible in a Policy? A school district’s policy may include penalties, such as confiscating the student’s device for the rest of the school day. However, Act 42 does not require that a school district’s policy specifically state potential consequences for violating the policy. What is Instructional Time? While the prohibition on wireless communication devices is limited by Act 42 to instructional time, Act 42 itself does not define instructional time. One interpretation of the term would allow students to use their devices during passing time, recess, lunch and before and after school. As of the date of this update, the DPI has not provided additional guidance on the definition of instructional time. Districts may also choose more restrictive policies than the statutory minimum; for example, a district may elect to prohibit use of wireless communication devices during the entire school day, as long as the four exceptions cited above are included in the policy. While districts may be more restrictive than the statutory minimum, the exceptions that must be included in the policy prohibit districts from banning cell phones altogether. The nature of the exemptions suggest that students may have their cell phones on or near their persons (pocket, backpack, or locker, for example) and be readily retrievable when an exemption situation arises. Annual Notices Required. By October 1, 2026, each school board must submit its wireless communication device policy to the DPI. Additionally, by October 1, 2027, and each October 1 thereafter, each school board must notify DPI whether any changes were made to the previous school year’s wireless communication device policy and, if so, submit the updated policy to DPI. Within 14 days of receiving a policy or updated policy, DPI is required to submit the policy to the Office of School Safety in the Department of Justice and the Wisconsin Legislative Council. What is the Implication for your School? Administrators will be tasked with daily enforcement, and therefore play a critical role in the development and execution of the new cell phone policy. Many districts throughout the state already have policies limiting cell phone use. For example, the School District of Hudson has spent the last year focusing on the implementation of its cell phone policy, and has seen positive results. The policy states that secondary students “may use phones before and after school, at lunch and during passing time in designated areas as well as during pre-approved classroom activities. While phones can be stored in their lockers, elementary school students are prohibited from using or possessing cellphones on school grounds, with exceptions for medical, educational or other administrator-approved purposes” (www.hudsonstarobserver.com)**. Administration at Hudson High School reported positive student outcomes as a result of the cell phone policy implementation, specifically noting that students are interacting more with each other. Whether or not your district already has a cell phone policy, chances are very good that you have a significant amount of experience addressing different issues related to cell phone usage in your school. Your hands-on experience is vital for clarifying undefined concepts like "instructional time" and for making sure that the policy's restrictions and consequences are both practical and applied uniformly throughout your school. *Citation for the Act: 2025 Wis. Act 42, codified at Wis. Stat. section 120.12(29) This article was co-written by Attorney Malina Piontek, AWSA’s Level I Legal Services Provider, and Amy VanDeuren, paralegal at Pionteklaw. You may direct your Level I call-in questions to Malina at 608-497-3037. The views expressed herein are exclusively those of Ms. Piontek. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice. |