AB 1644

AB1644:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1644

An act to amend Section 48901.7 of, and to add and repeal Section 33319.8 33319.2 of, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

AB 1644, as amended, Muratsuchi. Pupils: use of smartphones: prohibition: report.

Existing law requires the governing board of a school district, a county board of education, and the governing body of a charter school to, no later than July 1, 2026, develop and adopt, and update every 5 years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that local educational agency. Under existing law, a pupil shall not be prohibited from possessing or using a smartphone under specified circumstances, including, among others, when the possession or use of a smartphone is required in a pupil’s individualized education program.

This bill, commencing July 1, 2027, 2028, would require the above-described policy to continue to apply only to pupils in any of grades 9 to 12, inclusive. The bill would require the governing board of a school district, a county board of education, and the governing body of a charter school that serves pupils in transitional kindergarten, kindergarten, or grades 1 to 8, inclusive, to, no later than July 1, 2027, 2028, develop and adopt, and update at least every 5 years, adopt a policy that prohibits the use of smartphones by those pupils while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that local educational agency, as provided. The bill bill, commencing July 1, 2028, would prohibit instruction provided to pupils in transitional kindergarten, kindergarten, and any of grades 1 to 8, inclusive, from requiring the use of a smartphone by a pupil. The bill bill, commencing January 1, 2027, would require (1) a pupil in any grade to also be allowed to possess or use a smartphone when the possession or use of a smartphone is required in a pupil’s plan developed pursuant to the federal Rehabilitation Act of 1973. 1973 and (2) a policy adopted or updated pursuant to these provisions be included in a pupil handbook, if one is provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

This bill would require the State Department of Education, on or before January 1, 2028, 2029, to submit to the appropriate policy and fiscal committees of the Legislature, and post on their internet website, a report that contains (1) a description of the pupil smartphone policies of at least 30 chosen selected local educational agencies that have provided consent to participate and that are representative of the demographic and geographic diversity of the state, including a copy of each policy, as provided, (2) the results of a survey of those local educational agencies, which the bill would require the department to conduct, and (3) recommended best practices for future local educational agency pupil smartphone use policies. The bill would authorize the department to collaborate with specified organizations with relevant expertise in preparing the report. The bill would repeal these provisions on January 1, 2032. 2033.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 33319.2 is added to the Education Code, to read:

33319.2. (a) (1) The department shall examine the pupil smartphone policies, adopted pursuant to Section 48901.7, of at least 30 selected local educational agencies that have provided consent to participate. In selecting local educational agencies, the department shall ensure that the local educational agencies are representative of the demographic and geographic diversity of the state, including, but not limited to, all of the following:(A) Local educational agencies with schools in urban, suburban, and rural settings.(B) Local educational agencies that are large- and small-sized school districts.(C) Local educational agencies that are school districts or county offices of education with traditional public schools.(D) Local educational agencies that are charter schools.(E) Local educational agencies with schools that serve pupils in elementary, middle, and high school.(2) (A) The department shall survey each local educational agency selected pursuant to paragraph (1) and shall obtain all of the following information related to the local educational agency’s pupil smartphone policy:(i) The way that stakeholder input occurred when the local educational agencies developed or updated the policy.(ii) The enforcement methods that the policy includes and the effectiveness of those methods.(iii) Initial challenges or successes that have arisen since the policy was enacted.(B) In obtaining the information pursuant to subparagraph (A), the department shall consult with relevant stakeholder groups of the local educational agency, including, but not limited to, all of the following:(i) Currently credentialed public school teachers and classified staff.(ii) School district, county office of education, or schoolsite administrators.(iii) Pupils enrolled in the local educational agency.(iv) Parents or guardians of pupils enrolled in the local educational agency.(b) On or before January 1, 2029, the department shall submit to the appropriate policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code, and post on their internet website, a report with all of the following information:(1) A description of the pupil smartphone policies of the local educational agencies selected pursuant to paragraph (1) of subdivision (a), including a copy of each local educational agency’s policy language where possible.(2) The results of the surveys conducted pursuant to paragraph (2) of subdivision (a).(3) The department’s recommended best practices for future local educational agency pupil smartphone use policies.(c) The department may, in preparing the report pursuant to subdivision (b), collaborate with organizations that have relevant expertise, including, but not limited to, survey design, data collection and analysis, and educational or technology policy.(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.(e) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

SECTION 1.SEC. 2.

Section 48901.7 of the Education Code is amended to read:

48901.7.

(a) (1) (A) The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update at least every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. The goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also include enforcement mechanisms that limit access to smartphones.

(B) In creating and updating these policies, governing board boards and bodies are strongly encouraged to adopt a bell-to-bell ban on smartphones for all pupils, including the time from the start of the schoolday until final dismissal, including class, time between class, lunch, and recess.

(C) Commencing July 1, 2027, 2028, the policy described in subparagraph (A) shall continue to apply only to pupils in any of grades 9 to 12, inclusive.

(2) (A) The governing board of a school district, a county board of education, and the governing body of a charter school that serves pupils in transitional kindergarten, kindergarten, or grades 1 to 8, inclusive, shall, no later than July 1, 2027, 2028, develop and adopt, and shall update at least every five years, adopt a policy that prohibits the use of smartphones by pupils in transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, while those pupils are at a schoolsite or while under the supervision and control of an employee or employees of that school district, county office of education, or charter school. This includes the time from the start of the schoolday until final dismissal, including class, time between class, lunch, and recess. The goal of the policy shall be to create a bell-to-bell ban of smartphone use for those pupils to support pupil learning and well-being. The policy may also include enforcement mechanisms that restrict access to smartphones.

(B)In developing or updating the policy pursuant to subparagraph (A), the governing board of a school district, a county board of education, and the governing body of a charter school shall seek the participation of pupils, parents or guardians, and educators.

(C)

(B) The policy adopted or updated pursuant to subparagraph (A) shall include at least one method for parents and guardians to contact their pupils while smartphones are prohibited during the schoolday. This may include, but is not be limited to, contacting pupils through employees of the local education agency.

(D)Instruction

(b) Commencing July 1, 2028, instruction provided to pupils in transitional kindergarten, kindergarten, and any of grades 1 to 8, inclusive, shall not require the use of a smartphone by a pupil.

(b)

(c) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:

(1) Unless explicitly addressed in a comprehensive school safety plan adopted pursuant to Section 32282, in the case of an emergency or in response to a perceived threat of danger.

(2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator.

(3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil.

(4) When the possession or use of a smartphone is required in a pupil’s individualized education program or plan developed pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).

(c)

(d) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities.

(d)

(e) A policy adopted or updated pursuant to this section shall be included in the pupil handbook, if one is provided.

SEC. 2.Section 33319.8 is added to the Education Code, immediately following Section 33319.6, to read:

33319.8.

(a)(1)The department shall examine the pupil smartphone policies, adopted pursuant to Section 48901.7, of at least 30 chosen local educational agencies. In choosing local educational agencies, the department shall ensure that the local educational agencies are representative of the demographic and geographic diversity of the state, including, but not limited to, all of the following:

(A)Local educational agencies with schools in urban, suburban, and rural settings.

(B)Local educational agencies that are large- and small-sized school districts.

(C)Local educational agencies that are school districts or county offices of education with traditional public schools.

(D)Local educational agencies that are charter schools.

(E)Local educational agencies with schools that serve pupils in elementary, middle, and high school.

(2)(A)The department shall survey each local educational agency chosen pursuant to paragraph (1) and shall obtain all of the following information related to the local educational agency’s pupil smartphone policy:

(i)The way that stakeholder input occurred when the local educational agencies developed or updated the policy.

(ii)The enforcement methods that the policy includes and the effectiveness of those methods.

(iii)Initial challenges or successes that have arisen since the policy was enacted.

(B)In obtaining the information pursuant to subparagraph (A), the department shall consult with relevant stakeholder groups of the local educational agency, including, but not limited to, all of the following:

(i)Currently credentialed public school teachers and classified staff.

(ii)School district, county office of education, or schoolsite administrators.

(iii)Pupils enrolled in the local educational agency.

(iv)Parents or guardians of pupils enrolled in the local educational agency.

(b)On or before January 1, 2028, the department shall submit to the appropriate policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code, and post on their internet website, a report with all of the following information:

(1)A description of the pupil smartphone policies of the local educational agencies chosen pursuant to paragraph (1) of subdivision (a), including a copy of each local educational agency’s policy language where possible.

(2)The results of the surveys conducted pursuant to paragraph (2) of subdivision (a).

(3)The department’s recommended best practices for future local educational agency pupil smartphone use policies.

(c)The department may, in preparing the report pursuant to subdivision (b), collaborate with organizations that have relevant expertise, including, but not limited to, survey design, data collection and analysis, and educational or technology policy.

(d)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

(e)This section shall remain in effect only until January 1, 2032, and as of that date is repealed.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.