HB1009: HB1009 Education; enact policies and procedures for use of personal electronic devices at school and school sponsored events by students in grades nine through twelve; require local school systems

26 LC 49 2527/AP House Bill 1009 (AS PASSED HOUSE AND SENATE) By: Representatives Hilton of the 48th, Jones of the 47th, Donatucci of the 105th, Reeves of the 99th, Silcox of the 53rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to1 elementary and secondary education, so as to require local school systems and public schools2 to enact policies and procedures for use of personal electronic devices at school and school3 sponsored events by students in grades nine through twelve; to revise provisions relative to4 permissible student use of personal electronic devices; to revise a definition; to provide for5 related matters; to provide for an effective date; to repeal co nflicting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and10 secondary education, is amended by revising Code Section 20-2-3 24.8, relating to use of11 personal electronic devices during school day by students, as follows:12 "20-2-324.8.13 (a) As used in this Code section, the term:14 H. B. 1009 - 1 - 26 LC 49 2527/AP (1) 'Access' means viewing, holding, wearing, or otherwise usi ng a device for the15 purpose of communication, internet access, gaming, recording, listening to music, or any16 other function commonly associated with personal electronic devices.17 (2) 'Bell-to-bell' means the period beginning with the first b ell signaling the start of18 instructional time and ending with the final bell signaling the conclusion of the school19 day and shall include all scheduled instructional time, breaks, transitions, assemblies, and20 other school related activities occurring between the start and end of the school day.21 (3) 'Distraction-free education' means a learning environment where student access to22 personal electronic devices is restricted prohibited to minimize distractions, improve23 academic outcomes, and increase meaningful interactions and foc used learning24 experiences.25 (4) 'Personal electronic device' means any portable electronic device capable of26 transmitting, receiving, or accessing communications, data, or media. Such term27 includes, but is not limited to, smartphones, smartwatches, tablets, e-readers, headphones,28 and other devices with functionalities such as wireless communication, internet access,29 messaging, video recording, gaming, social media access, or data transmission.30 (5) 'School day' means the bell-to-bell period for students re ceiving instruction on a31 school campus. Such term shall not apply to students receiving virtual or remote32 instruction away from a school campus.33 (6) 'School equipment' means any computer or computer networki ng equipment,34 technology or technology related device or service, or communication system or service35 that is operated, owned, leased, and made available to students by a local board of36 education, local school system, o r public school and that is us ed for transmitting,37 receiving, or accessing communications, data, or media.38 (b)(1) Beginning no later than July 1, 2026, no public school studen t in kindergarten39 through grade eight shall be permitted to access personal elect ronic devices during the40 school day, except as otherwise provided in this Code section or required by law.41 H. B. 1009 - 2 - 26 LC 49 2527/AP (2) Beginning no later than July 1, 2027, no public school student in grades nine through42 12 shall be permitted to access personal electronic devices during the school day, except43 as otherwise provided in this Code section or required by law.44 (c) By January 1, 2026, each year, each local school system and public school shall adopt,45 and revise as appropriate, policies and procedures that, at a minimum:46 (1) Prohibit bell-to-bell access to personal electronic devices by students in kindergarten47 through grade eight twelve, subject to exceptions provided for by law;48 (2) Establish appropriate methods for storing students' person al electronic devices,49 including, but not limited to, a student's locker, a locked pouch, or a designated place in50 the classroom;51 (3) Establish clear procedures for off-site events or activiti es, including all school52 sponsored events and field trips, daily transportation, athletic and extracurricular events,53 and other instructional opportunities that do not occur on school grounds, including, but54 not limited to, participation in the dual enrollment program, w ork based learning55 programs, and apprenticeship programs;56 (4) Establish clear communication protocols that:57 (A) Facilitate all emergency communication through school emergency communication58 management systems and coordinated by school personnel;59 (B) Require parents or guardians who need to communicate with their student during60 the school day to contact the school directly; and61 (C) Communicate rules for school personnel and sponsors of all school sponsored62 events and field trips, daily transportation, athletic and extracurricular events, and other63 instructional opportunities that do not occur on school grounds; and64 (5) Provide that any student found in violation of such polici es and procedures during65 the school day shall be subject to progressive consequences in accordance with the local66 school system's or public school's student code of conduct, including, but not limited to,67 H. B. 1009 - 3 - 26 LC 49 2527/AP verbal warnings, confiscation of personal electronic devices, p arental notification, and68 other actions as deemed appropriate.69 (d) A student whose Individualized Education Program (IEP), Se ction 504 Plan, or70 medical plan explicitly mandates the use of a personal electron ic device for medical or71 educational purposes shall be permitted to access the device as necessary to fulfill the72 requirements of the respective program or plan.73 (e)(1) Each local school system and public school shall:74 (A) Implement appropriate monitoring and enforcement mechanism s to ensure75 compliance with policies and procedures established pursuant to this Code section,76 which may include, but need not be limited to, assigning designated school personnel77 to oversee implementation and adherence to such policies and procedures, conducting78 periodic audits of personal electronic device storage, and regu larly reviewing79 enforcement practices;80 (B) Ensure that parents, guardians, and students are informed of such policies and81 procedures through student and family handbooks, student codes of conduct, school82 public websites, and other common communication channels; and83 (C) Regularly review the effectiveness of such policies and procedures and adjust as84 necessary to ensure its continued alignment with educational go als and student85 well-being.86 (2) Each local school system and public school is encouraged to host student and parent87 engagement activities designed to promote distraction-free education through personal88 electronic device-free, independent play and learning, includin g, but not limited to,89 family workshops, question and answer sessions, town halls, mindfulness or enrichment90 sessions, screen-free challenges, and participation in initiatives that encourage students91 to engage in meaningful, personal electronic device-free play and activities.92 H. B. 1009 - 4 - 26 LC 49 2527/AP (f) The Department of Education shall provide local school sys tems and public schools93 with guidance and technical support for the effective implementation and enforcement of94 the provisions of this Code section.95 (g) Nothing in this Code section shall be construed or applied to prohibit or limit a local96 school system or public school from providing school equipment, including, but not limited97 to, laptops and tablets, for student use for educational purposes.98 (h) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for99 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter100 system, Code Section 20-2-2065 for a charter school, Code Secti on 20-2-2096.3 for a101 completion special school, or Code Section 20-2-244."102 SECTION 2.103 This Act shall become effective December 31, 2026.104 SECTION 3.105 All laws and parts of laws in conflict with this Act are repealed.106 H. B. 1009 - 5 -