Signed by Governor Patrick Morrisey

Vote Smart's Synopsis:

Vote to amend and pass a bill that limits the use of cell phones in schools in West Virginia.

Highlights:

• Limits the use of cell phones in schools in West Virginia and requires county boards of education to adopt a policy that includes, but is not limited to, the following (Article 2):

• Whether personal electronic devices will or will not be permitted on school property;

• If a county board decides that personal electronic devices will be permitted on school property, its policy must include a procedure for storing the devices that specifies where and how the devices will be stored during the instructional day;

• If a county board decides that personal electronic devices will be permitted on school property, students may be required to store the devices in containers or pouches provided by the county board; and

• County boards of education policies shall include the following exemptions:

• Students with an approved documented need, as required by a medical doctor or licensed healthcare professional or as a requirement of an Individualized Education Plan (IEP) or 504 plan, the student’s health care provider’s medical orders, or other written accommodation plan, may have access to personal electronic devices if the device relates to the student's specific need;

• County boards of education may include permission for specific personal electronic devices as related to the requirements of a county board of education-approved work-based learning program. The approval shall include the specific course and purpose for which an electronic device may be used;

• County boards of education policies shall include consequences for students  determined to have violated the policy, including, but not limited to, the following:

• Penalties for a first offense, a second offense, and subsequent offenses;

• Confiscation of a student's electronic device(s) for violation of the policy and/or require the student's parent/guardian to retrieve the device(s); and,

• Prohibiting an individual student from possessing any device if previous misuse has been documented. However, if a student is prohibited from possessing electronic devices on school property, a conference shall be offered to the parent/guardian to discuss the reasoning for the prohibition.

• County board of education policies shall require schools to document all violations of the policy in the West Virginia Education Information System (WVEIS); 

• County boards of education shall make reasonable efforts to ensure that information related to acceptable use of personal electronic devices is disseminated to students and their parents/guardians, including posting signs on school property and publishing the information in student handbooks, newsletters, social media, and county or school websites.

• The Local School Improvement Council (LSIC) of each school shall annually discuss the progress of implementing the county board's electronic device policy. The LSIC shall, at a minimum, review the relevant discipline data and make recommendations designed to promote student compliance with the policy.

• County boards shall require each school to develop and publish protocols regarding how parents/guardians may communicate with their children in a manner that does not distract the student in the learning environment, including, but not limited to:

• Establishing specific times when personal electronic devices are permissible;

• Utilizing office staff to disseminate information from the parent/guardian; or

• Any other applicable strategy designed to minimize disruption during instructional time.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Article 2).

Full Bill Text