Cell Phone Ban in Schools - What Schools Need to Do NOW

As is standard practice in Albany, passage of the 2025-2026 State budget brought several non-budget related policy changes. One is a ban on the use of cell phones (“internet enabled devices”) by students during the school day. This new law, housed 31 pages into a 173-page omnibus budget bill, takes effect immediately. It mandates schools comply by September 1, 2025. Schools must create and publish policies, as well as receive stakeholder input before that, no later than August 1, 2025.

Time is of the essence for school districts to comply. The following is an overview of the key elements of the law and what schools must do, now.

Chapter 56 of the Laws of 2025 applies to school districts, charter schools, and BOCES. It does not apply to private schools. It prohibits the use of “Internet-enabled devices” during the “school day.” This definition of Internet-enabled devices is extremely broad including smartphones, tablets, smartwatches and “other devices “capable of connecting to the internet and enabling the user to access content on the internet.” Devices which cannot connect to the internet and those provided by the school are excluded.

The law’s prohibitions apply to “every instructional day” anywhere school grounds including schools themselves, athletic fields and any real property owned by the school. The “school day” includes all instructional time and non-instructional time, including but not limited to homeroom periods, lunch, recess, study halls, and passing time.

Every school district must adopt a “written policy prohibiting the use of internet-enabled devices by students during the school day anywhere on school grounds.” (It appears not to include field trips.)

Before adopting a policy, districts must receive input from stakeholders including union representatives, parents and students. There is no requirement for a particular method of receiving input (e.g. no hearing is required). The policy must detail the method(s) available for parents to contact their student during the school day. One or more methods must be specified in the policy and parents need to be notified of this at the beginning of the school year.

The policy must also include and identify the method(s) of on-site storage where students may store internet enabled devices for the school day. Storage in student lockers is specifically permitted by the law.

The law permits certain exceptions such as if authorized by a teacher, principal, or school district for an educational purpose, where necessary for management of a student’s healthcare, emergencies, translation, if required or permitted under an IEP or 504 Plan, and case-by-case.

School districts, charter schools, and BOCES must adopt and publish their new policy by August 1, 2025. Schools must also issue reports starting August 1, 2026, and every August 1 thereafter detailing enforcement of the policy.

Practically, the law provides virtually no time to act. With an August 1 deadline to publish the new policy, a September 1 deadline to implement the policy and mandate to receive stakeholder input before all of that, SCHOOLS MUST ACT now.

It is suggested that outreach occur as soon as possible. Consult local stakeholders - employee organization representing each bargaining unit within the school building, parents, and students on the key elements which must be included in the policy. These are:

(1) suggestions for storage of devices during the school day;
(2) methods for parents to communicate with students during the school day in the absence of internet-enabled devices.

With this input, schools can develop policies – these may need to be adopted at the reorganization meeting in July if school districts only have one July meeting.

Clients of this firm should look for a sample policy in the next ten (10) days. Clients and others may also see an uptick in flip phone sales prior to September, but that is an issue not addressed in the law.

Questions about this alert and/or this aspect of the cell phone ban can be directed to Douglas Gerhardt at dgerhardt@honeywelllawfirm.com.