S461

	SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 99 the following section:- 
	Section 100. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: 
	“Gaming app” a software program that allows users to play games on their mobile devices, tablets, or computers. 
	“Parent” a parent or guardian of a student who is authorized to make education decisions for the student. 
	“Personal electronic communication device(s)” any electronic equipment capable of providing  voice, messaging, or other data communication between two (2) or more parties or devices, or capable of connecting to a smartphone or other personal electronic device, the internet, or a cellular or Wi-Fi network, including but not limited to smartphones, cellular phones, bluetooth enabled devices, tablets, smartwatches or other wearables, and gaming devices. Personal electronic communication devices do not include school owned devices provided to the student in accordance with the limitations placed herein. 
	“School” any public school, charter school, or vocational-technical school in Massachusetts that provides full-time education programs for any grade from preK-12. 
	“School-related program” any school-sponsored or approved activity, event, or function on or off school premises where students are under the jurisdiction of the School District or during any period when school employees are supervising students on behalf of the School District. 
	“Social media” any public-facing website, online service, online application, mobile application, or gaming application, used primarily for the purpose of posting and viewing user-generated content. For the purposes of this section, social media does not include: (i) an online website, application, or mobile application where the exclusive function is e-mail or direct messaging shared only between the sender and intended recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender; (ii) an online website, application, or mobile application where the posting of comments or other interactive functionality is merely incidental to its predominant purpose; or, (iii) a school-sanctioned website, application, or service used for the purpose of publishing student journalism, or school-related news, events, and updates. 
	“Student” an individual currently enrolled or registered at a school as defined under subdivision (d) of this section. 
	(b) Each school board or governing body shall develop, adopt, and ensure implementation of and make available to the department of elementary and secondary education a policy:  
	(1) requiring all personal electronic devices be turned off, securely locked away, and inaccessible to students for the entire school day -- from “first bell to last bell” -- and while under the supervision of an employee of the school district for a school-related program; 
	(i) examples of storage devices include lockable pouches that students cannot unlock, locked phone lockers, pencil pouches, or manila envelopes stored in a secure location. 
	(2) includes enforcement provisions to ensure strict compliance with the policy by students and district employees; and 
	(3) provides that a student may contact their parent or caregiver during the school day if needed by using a telephone made available to the student in a manner and location designated by the district. 
	(c) Districts shall collect data annually to measure the impact of the policy on student behavior, mental health, disciplinary incidents, school attendance, and academic performance.  
	(d) Notwithstanding subsection (b), a student shall not be prohibited from possessing or using a personal electronic device under any of the following circumstances: 
	(1) when a licensed physician determines that the possession or use of a personal electronic device is necessary for the health or well-being of the individual student (such as diabetes monitoring); or 
	(2) when the possession or use of a personal electronic device is required in a student’s Individual Education Plan (IEP), or Section 504 Accommodations Plan. 
	(f) To help students avoid coming to rely on social media, school districts, school employees, and volunteers are prohibited from: 
	(1) utilizing social media for communication with students directly or indirectly; 
	(2) allowing students to access social media or gaming apps during school day hours or while on school property under the supervision of a school employee; 
	(3) allowing students to access social media on school-issued electronic devices. School-issued devices shall be set up to block social media sites; and 
	(4) utilizing social media to communicate with students about out-of-school sports, extracurricular clubs, and any other school-sponsored activities. This does not prevent a school from using social media for community communication and school-to-parent/guardian communication. 
	This prohibition does not apply to work that requires shared documents, emails, or the use of the Internet for the completion or enhancement of homework assignments, and the electronic submission of assignments.  
	SECTION 2. This act shall take effect upon enactment.