SB139: Prohibition of Student Cell Phones

Proposed bill as introduced, authored by Senator Ally Seifried.

What does the proposed bill do?

There are two main parts to this bill, which is proposed to go into effect on July 1, 2025 (ahead of the 2025-2026 school year).

First, it directs Public School Boards to adopt a strict policy:

• The proposed bill requires every public school board to adopt a policy. 
• The policy will prohibit students from using cell phones on campus from “bell to bell,” which is essentially from the start of the school day to the end of the school day.
• The policy will include disciplinary procedures for violations.
• The policy may provide exceptions based on each board’s discretion – emergency situations, health monitoring, etc.

Secondly, it directs the Oklahoma State Department of Education (OSDE) to establish a grant program:

• The grant program might be funded. IF funds are available, the state budget will distribute up to $2 million for OSDE to run the grant program.
• Middle schools and high schools would submit applications to OSDE for grant funding.
• Application grants will be awarded on a first-come, first-served basis.
• OSDE grant funds are to be used to purchase equipment or devices to store student phones during the school day.
• OSDE may issue a request for proposal for a vendor to offer a state rate price for the grants’ use. 

Initial thoughts from a school law perspective:

• Students’ use of cell phones is first and foremost a responsibility and privilege decided upon by parents/guardians who purchase and set up a cell phone account for their child.
• The policy requirement (on its face) doesn’t apply to charter schools. It definitely doesn’t apply to private, religious, or virtual schools. 
• This proposed bill doesn’t apply to students in grades below middle school – yet reality is that many elementary students already have cell phones and may bring them to school to communicate on getting home, etc.
• This would be a public school unfunded mandate. Yes, if there are funds, certain schools can request funds. It is not written to ensure continuous funding yet the equipment or devices in mind would have recurring costs due to wear and tear, loss, damage, etc.
• Nearly ALL schools have a policy on cell phones already with varying levels of acceptable use for students. Exceptions are already considered.
• A law isn’t required to make a cell phone ban a possibility. Many school boards have already adopted a policy prohibiting student cell phone use; many have considered it and decided it’s not the best course of action for their school communities.
• This proposed bill removes authority and control of elected school boards which hold the primary responsibility of providing a local flair to decisions impacting their school community. In other words, it chips away at local control.
• Every school already has a student discipline policy which is typically all-encompassing for student infractions. It is assumed any student cell phone policy will just direct to its already-existing student discipline policy.
• There are vendors salivating over this proposed bill no doubt hoping to sell neoprene bags…
• The connection between a suspected student violation of policy is often dependent upon whether and how it involves the school community. This could conflict with cyberbullying protections in state law by eliminating that connection which allows schools to address certain harassment and bullying.