SB1459 - Relating to public school policies regarding student possession of personal communication devices and Internet safety.

      By: Campbell S.B. No. 1459               A BILL TO BE ENTITLED   AN ACT   relating to public school policies regarding student possession of   personal communication devices and Internet safety.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.082, Education Code, is amended to   read as follows:          Sec. 37.082.  POSSESSION OF PERSONAL COMMUNICATION [ PAGING ]   DEVICES. (a) Subject to Subsection (b), the [ The ] board of   trustees of a school district and 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 shall [ may ] establish   disciplinary measures to be imposed for violation of the   prohibition [ and may provide for confiscation of the paging   device ].          (b)   In adopting the policy, the board of trustees or   governing body:                 (1)     must authorize the possession of a personal   communication device:                       (A)     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;                       (B)     by a student with a documented need based on a   directive from a qualified physician; or                       (C)     necessary to comply with any other   requirement imposed by law; and                 (2)     may authorize the possession of a personal   communication device:                       (A)     during instructional time for instructional   purposes;                       (B)     during noninstructional periods during the   school day, such as lunch; or   [ The policy may provide for the district to:                [ (1)     dispose of a confiscated paging device in any   reasonable manner after having provided the student's parent and   the company whose name and address or telephone number appear on the   device 30 days' prior notice of 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 an administrative fee not to exceed $15 before it releases   the device ].          (c)   The board of trustees of a school district or the   governing body of an open-enrollment charter school shall adopt a   policy under this section at a public meeting. Notice of the meeting   must include the text of the proposed policy. Before adopting the   policy, the board or governing body must provide a reasonable   period for public comment regarding the policy.           (d)     The board of trustees or governing body shall make the   policy adopted under this section publicly available on the   district's or school's Internet website and provide a copy of the   policy to parents or guardians of students in the district or   school.           (e)     The agency shall develop a model policy that a school   district or open-enrollment charter school may use to comply with   the requirements of this section. The model policy must be based on   research and current best practices.           (f)   In this section, " personal communication [ paging ]   device" means a telephone, cell phone such as a smartphone or flip   phone, tablet, computer, personal digital assistant, 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   2 .: Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0821, to read as follows:             Sec.   37.0821.     IMPLEMENTATION MONITORING. (a) Each school   district and charter school must establish an effective monitoring   plan to ensure the effectiveness and efficiency of policies under   this section. The plan must:                   (1)     outline procedures for monitoring compliance with   the Internet safety and personal communication device policies;                   (2)     provide for continuous regular reporting of   progress and implementation to the school board, parents, and the   Texas Education Agency;                   (3)     include performance metrics to evaluate the impact   of the policies on student safety and digital responsibility;                   (4)     allow for periodic review and updates to ensure   alignment with best practices and technological advancements.          SECTION 3.  As soon as practicable after the effective date   of this Act, the Texas Education Agency shall develop the model   policy required by Section 37.082(e), Education Code, as added by   this Act.          SECTION 4.  This Act applies beginning with the 2025-2026   school year.          SECTION 5.  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.