SB966 - Relating to the use of technology by public school students, including a study on the public health effects of digital learning and public school policies regarding student possession of personal communication devices; increasing a fee.

  89R8383 AMF-F     By: Kolkhorst S.B. No. 966       A BILL TO BE ENTITLED   AN ACT   relating to the use of technology by public school students,   including a study on the public health effects of digital learning   and public school policies regarding student possession of personal   communication devices; increasing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) The Department of State Health Services, in   coordination with the Texas Education Agency, shall conduct a study   regarding the public health effects, including on student mental   health and performance, of digital learning in public schools,   including through software applications and other online   educational tools.          (b)  Not later than September 1, 2026, the Department of   State Health Services shall submit to each legislative standing   committee with primary jurisdiction over public education a report   that includes:                (1)  the results of the study conducted under this   section; and                (2)  any recommendations for legislative or other   action related to digital learning.          (c)  This section expires January 1, 2027.          SECTION 2.  Section 37.082, Education Code, is amended to   read as follows:          Sec. 37.082.  POSSESSION OF PERSONAL COMMUNICATION [ PAGING ]   DEVICES. (a) Subject to Subsections (d) and (e), the [ The ] board   of trustees of a school district or the governing body of an   open-enrollment charter school shall [ may ] adopt a written policy   prohibiting a student from possessing a personal communication   [ paging ] device while on school property during the school day [ or   while attending a school-sponsored or school-related activity on or   off school property ]. The policy may establish disciplinary   measures to be imposed for violation of the prohibition and may   provide for confiscation of the [ paging ] device.          (b)   Except as provided by Subsections (d) and (e), the  [ The ]   policy shall  [ may provide for the district to ]:                (1)   require a student who brings a personal   communication device on school property to turn the device off and   store the device in a designated storage locker for the duration of   the school day; and                 (2)     provide for the confiscation and secure storage of   a personal communication device of a student who does not comply   with the requirement of Subdivision (1) while the student is on   school property during the school day and the return of the device   to the student at the conclusion of the school day.           (c)  The policy may provide for the district or school to:                 (1)   dispose of a confiscated personal communication   [ paging ] device in any reasonable manner after having provided the   student's parent or guardian [ and the company whose name and   address or telephone number appear on the device ] 30 days' prior   notice in writing of the district's or school's [ its ] intent to   dispose of that device[ . The notice shall include the serial number   of the device and may be made by telephone, telegraph, or in   writing ]; and                (2)  charge the owner of the device or the student's   parent or guardian  an administrative fee not to exceed $30  [ $15 ]   before the district or school [ it ] releases a confiscated personal   communication [ the ] device.           (d)     In adopting the policy, the board of trustees or   governing body must authorize the possession of a personal   communication device:                 (1)     necessary to implement an individualized   education program, a plan created under Section 504, Rehabilitation   Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;                 (2)     by a student with a documented need based on a   medical condition of the student or the student's family member;                 (3)     by a student who is a member of a volunteer fire   department or other volunteer emergency response organization;                 (4)     by a student who has a documented need for the   device for language translation services;                 (5)     necessary to comply with a requirement imposed by   law; and                 (6)     for any other reason established by commissioner   rule.           (e)     The commissioner shall adopt rules to implement this   section.   The rules must include a procedure for the board of   trustees of a school district or the governing body of an   open-enrollment charter school to request authorization from the   commissioner to include in the district's or school's policy   adopted under Subsection (a) an exception to the prohibition   against possession of a personal communication device in addition   to those described by Subsection (d).           (f)  [ (c) ]  In this section, " personal communication [ paging ]   device" means a telephone, cell phone such as a smartphone or flip   phone, tablet, smartwatch, radio device, paging device, or any   other electronic [ telecommunications ] device capable of   telecommunication or digital communication [ that emits an audible   signal, vibrates, displays a message, or otherwise summons or   delivers a communication to the possessor ]. The term does not   include :                 (1)   an amateur radio under the control of an operator   who holds an amateur radio station license issued by the Federal   Communications Commission ; or                 (2)     an electronic device provided to a student by a   school district or open-enrollment charter school .          SECTION 3.  Section 37.082, Education Code, as amended by   this Act, applies beginning with the 2025-2026 school year.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.