Existing law authorizes the governing body of a school district, a county office of education, or a charter school to adopt 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. Existing law, however, specifies circumstances in which a pupil may not be prohibited from possessing or using a smartphone.

This bill would instead require the governing body of a school district, a county office of education, or a charter school to, by July 1, 2026, develop and adopt, and to 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 school district, county office of education, or charter school, as provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

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.

Existing law authorizes the governing body of a school district, a county office of education, or a charter school to adopt 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. Existing law, however, specifies circumstances in which a pupil may not be prohibited from possessing or using a smartphone.

This bill would instead require the governing body of a school district, a county office of education, or a charter school to, by July 1, 2026, develop and adopt, and to 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 school district, county office of education, or charter school, as provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

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.

Existing law authorizes the governing body of a school district, a county office of education, or a charter school to adopt 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. Existing law, however, specifies circumstances in which a pupil may not be prohibited from possessing or using a smartphone.

This bill would instead require the governing body of a school district, a county office of education, or a charter school to, by July 1, 2026, develop and adopt, and to 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 school district, county office of education, or charter school, as provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

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.

Existing law authorizes the governing body of a school district, a county office of education, or a charter school to adopt 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. Existing law, however, specifies circumstances in which a pupil could may not be prohibited from possessing or using a smartphone.

This bill would instead require the governing body of a school district, a county office of education, or a charter school to, by July 1, 2026, develop and adopt, and to 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 school district, county office of education, or charter school, as provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

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.

Existing law authorizes the governing body of a school district, a county office of education, or a charter school to adopt 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. Existing law, however, specifies circumstances in which a pupil could not be prohibited from possessing or using a smartphone.

This bill would instead require, no later than July 1, 2026, require the governing body of a school district, a county office of education, or a charter school to adopt to, by July 1, 2026, develop and adopt, and to 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 school district, county office of education, or charter school, as provided. By imposing additional duties on local educational agencies, the bill would constitute a state-mandated local program.

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.

Existing law prohibits a school from permitting the smoking or use of a tobacco product by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees.

This bill would make nonsubstantive changes to that provision.

 THIRD READING  

Bill No: AB 3216

Author: Hoover (R), Alvarez (D), Lowenthal (D) and Muratsuchi (D), et al.

Amended: 8/23/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/26/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 69-0, 5/23/24 - See last page for vote

SUBJECT: Pupils: use of smartphones

SOURCE: Author

DIGEST:

This bill requires, rather than allows, a governing board of a local educational agency (LEA), county office of education (COE), or a charter school no later than July 1, 2026, to develop, adopt, and update every five years a policy, as specified, 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 of that LEA, COE, and charter school.

Senate Floor Amendments of 8/23/24 rename the provisions of the bill the Phone-Free School Act, add coauthors, and clarify the governing body of a school district, county office of education, or charter school may include enforcement mechanisms that limit access to smartphones, while prohibiting a governing body of a school district, county office of education or charter school from monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities.

ANALYSIS:

Existing law:

Education Code (EC)

1. The governing body of a LEA, COE, or charter school may adopt 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 LEA, COE, or charter school. (EC § 48901.7 (a))
2. States a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:
   1. In the case of an emergency, or in response to a perceived threat of danger.
   2. When a teacher or administrator of the LEA, COE, 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.

• 1. 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.
  2. When the possession or use of a smartphone is required in a pupil’s individualized education program. (EC § 48901.7 (b))

1. Authorizes the governing board of each school district, or its designee, to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including but not limited to, paging and signaling equipment, by students of the school district while the students are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (EC § 48901.5 (a))
2. Provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. (EC § 48901.5 (b))

Penal Code (PEN)

1. Except as provided in this section, a government entity shall not do any of the following:
2. Compel the production of or access to electronic communication information from a service provider.
3. Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device.
4. Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. (PEN § 1546.1(a))
5. Provides that a government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under a warrant, wiretap order, order for electronic reader records, a subpoena, or an order for a pen register or trap and trace device, or both, as specified. (PEN § 1546.1 (b))
6. States a government entity may access electronic device information by means of physical interaction or electronic communication with the device with, including but not limited to, a warrant, wiretap order, tracking device search warrant, consent of the authorized possessor of the device, consent of the owner of the device, only when the device has been reported as lost or stolen, believes that an emergency involving danger of death or serious physical injury to any person, believes the device to be lost, stolen, or abandoned, as specified. (PEN § 1546.1 (c))

This bill:

1. Requires, rather than allows, a governing board of an LEA, COE, or a charter school 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 of that LEA, COE, and charter school.
2. Requires the goal of the policy is to promote evidence-based use of smartphone practices to support pupil learning and well-being with 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. 
3. Makes findings and declarations related to the effects of unrestricted use of smartphones by pupils at elementary and secondary schools during the schoolday and data that suggest how smartphone policy at school can be beneficial.
4. Clarifies the governing body of an LEA, COE, or charter school may include enforcement mechanisms that limit access to smartphones.
5. Prohibits a governing body of a LEA, COE, or charter school from monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities.

Comments

1. Need for the bill. According to the author, “Extended studies have demonstrated that the use of smartphones in classrooms can detract from students’ academic performances while contributing to higher rates of academic dishonesty and cyberbullying. In consideration of California’s deficiency when it comes to academic performance as compared to other states, it is imperative for the Legislature to take action to resolve this issue. AB 3216 will require local educational agencies (LEA’s) to implement a policy that prohibits the use of smartphones by their pupils while present at a schoolsite during operational hours. By doing so, LEA’s can confidently expect an increase in both the productivity and safety of their academic environments. This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state.”
2. Expansion of Existing Authority: Requiring, Rather Than Allowing, District or School Smartphone Policies. Existing law provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. In 2019, the Legislature passed AB 272 (Muratsuchi, Chapter 42, Statutes of 2019), which authorized governing bodies to adopt a policy to limit or prohibit the use of smartphones by students while at school or under employee supervision without prohibiting a student from possessing or using a smartphone under specified circumstances.

This bill expands existing law, by requiring, rather than allowing, LEAs, COEs, and charter schools, to develop, adopt, and revise every 5 years, a smart phone policy, that emphasis promoting evidence-based use of smartphone practices to support pupil learning and well-being with significant stakeholder participation.

1. A Call To Action: Research Demonstrates Impact of Smartphone Use On Teenagers. The U.S. Surgeon General issued an advisory in 2023 about the impact of social media use on the mental health of young people. The Surgeon General called for urgent action from policymakers, technology companies, researchers, families, and young people to better understand the full impact of social media, maximize its benefits, minimize its harms, and create safer online environments to protect children.

A 2019 Pew Research study found that most U.S. teens consider anxiety and depression to be significant issues among their peers, regardless of whether they experience these conditions. Concern about mental health is widespread across gender, racial, and socio-economic lines.

Furthermore, a 2020 article in the Journal of Affective Disorders indicated that more time spent on social media was linked to an increased risk of self-harm and depression, as well as lower self-esteem among 13–15-year-old girls. Similar findings were observed for both weekday and weekend use.

Some researchers have suggested a correlation between increased technology and smartphone use and the rising rates of teenage anxiety and depression. Dr. Jean Twenge's book, "iGen," presents evidence of increased depression and suicide among American teenagers, potentially due to increased mobile device screen time and social media use.

Moreover, an increasing body of research focuses on the impact of technology on student outcomes in grades K-12. A 2015 Discussion Paper from the London School of Economics and Political Science, Center for Economic Performance, explored the effects of banning cell phone use in English city schools in 2013. The paper found that student test scores improved following the ban, particularly among the most disadvantaged and underachieving pupils. The data suggests that low-achieving students are more likely to be distracted by mobile phones, while high achievers are less affected by the mobile phone policy.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee analysis, “This bill could result in one-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, for school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school. This estimate assumes that each LEA would require several hours of personnel time to develop the policies. To the extent that LEAs already have such policies in place, these costs could be lower. The bill’s activities could be deemed to be a reimbursable state mandate by the Commission on State Mandate.”

SUPPORT: (Verified 8/26/24)

California Teachers Association

Los Angeles Unified School District

OPPOSITION: (Verified 8/26/24)

California School Boards Association

ARGUMENTS IN SUPPORT: According to the California Teachers Association, “Cellphone use in classrooms is a significant distraction in schools and classrooms. Mobile device use in the classroom can be both distracting and harmful based on students' urge to text or check notifications as they pop up on the screen, off task behaviors or academic dishonesty. Further, there is a lack of evidence supporting the use of mobile devices for increasing grades or enhancing student academic goals; however, there is a correlation between mobile device use in the classroom and poorer grades (Tossell et al., Whitford 2018). CTA believes all local education agencies shall be able to adopt policies and regulations regarding the use and possession of electronic communication devices, such as smartphones, as well as social media. These policies and regulations must ensure that the use and possession of these devices and social media does not disrupt instructional time or other school programs. The constant use of the devices has also been linked to students' worsening mental health. The overuse of technology is correlated with decreased cognitive thinking skills, social interactions, and a decrease in attention span (Himmelbach, 2019). For these reasons, CTA urges your support for AB 3216 (Hoover).”

ARGUMENTS IN OPPOSITION: According to the California School Boards Association, “Current law authorizes the governing body of a local education agency (LEA) to adopt a policy to limit or prohibit the use 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, COE, or charter school. AB 3216 would instead mandate that a LEA adopt a policy to limit or prohibit the student use of smartphones by July 1, 2026, and update it every five years. The bill provides that the goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. Governing boards already have the authority to limit smartphone use in schools. Further, governing boards can also regulate the possession or use of smartphones. Many LEAs have already adopted policies in accordance with current law that restrict or prohibit students’ use of smartphones. CSBA opposes this measure as districts already have the ability to address smartphones. This bill limits the decision-making authority of the governing board as they would now have to adopt a policy, even if, through local community meetings, it was found that there was no need to limit/prohibit the usage. These decisions are best made at the local level by people who understand, reside, are invested in, and accountable to the communities they serve. This legislation goes against the precepts of local control by taking the decision-making process out of the hands of the duly elected local governing board and requiring them to adopt a policy. For this reason, we must respectfully oppose AB 3216 (Hoover) and ask for your “NO” vote.”

ASSEMBLY FLOOR: 69-0, 5/23/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bonta, Cervantes, Megan Dahle, Essayli, Flora, Holden, Jackson, Lee, Mathis, Luz Rivas, Blanca Rubio

Prepared by: Kordell Hampton / ED. / (916) 651-4105

8/26/24 21:34:21

**** END ****

 THIRD READING  

Bill No: AB 3216

Author: Hoover (R), Lowenthal (D) and Muratsuchi (D), et al.

Amended: 8/15/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/26/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 69-0, 5/23/24 - See last page for vote

SUBJECT: Pupils: use of smartphones

SOURCE: Author

DIGEST:

This bill requires, rather than allows, a governing board of a local educational agency (LEA), county office of education (COE), or a charter school no later than July 1, 2026, to develop, adopt, and update every 5 years a policy, as specified, 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 of that LEA, COE, and charter school.

ANALYSIS:

Existing law:

Education Code (EC)

1. The governing body of a LEA, COE, or charter school may adopt 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 LEA, COE, or charter school. (EC § 48901.7 (a))
2. States a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:
   1. In the case of an emergency, or in response to a perceived threat of danger.
   2. When a teacher or administrator of the LEA, COE, 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.

• 1. 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.
  2. When the possession or use of a smartphone is required in a pupil’s individualized education program. (EC § 48901.7 (b))

1. Authorizes the governing board of each school district, or its designee, to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including but not limited to, paging and signaling equipment, by students of the school district while the students are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (EC § 48901.5 (a))
2. Provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. (EC § 48901.5 (b))

Penal Code (PEN)

1. Except as provided in this section, a government entity shall not do any of the following:
2. Compel the production of or access to electronic communication information from a service provider.
3. Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device.
4. Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. (PEN § 1546.1(a))
5. Provides that a government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under a warrant, wiretap order, order for electronic reader records, a subpoena, or an order for a pen register or trap and trace device, or both, as specified. (PEN § 1546.1 (b))
6. States a government entity may access electronic device information by means of physical interaction or electronic communication with the device with, including but not limited to, a warrant, wiretap order, tracking device search warrant, consent of the authorized possessor of the device, consent of the owner of the device, only when the device has been reported as lost or stolen, believes that an emergency involving danger of death or serious physical injury to any person, believes the device to be lost, stolen, or abandoned, as specified. (PEN § 1546.1 (c))

This bill:

1. Requires, rather than allows, a governing board of an LEA, COE, or a charter school 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 of that LEA, COE, and charter school.
2. Requires the goal of the policy is to promote evidence-based use of smartphone practices to support pupil learning and well-being with 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. 
3. Makes findings and declarations related to the effects of unrestricted use of smartphones by pupils at elementary and secondary schools during the schoolday and data that suggest how smartphone policy at school can be beneficial.

Comments

1. Need for the bill. According to the author, “Extended studies have demonstrated that the use of smartphones in classrooms can detract from students’ academic performances while contributing to higher rates of academic dishonesty and cyberbullying. In consideration of California’s deficiency when it comes to academic performance as compared to other states, it is imperative for the Legislature to take action to resolve this issue. AB 3216 will require local educational agencies (LEA’s) to implement a policy that prohibits the use of smartphones by their pupils while present at a schoolsite during operational hours. By doing so, LEA’s can confidently expect an increase in both the productivity and safety of their academic environments. This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state.”
2. Expansion of Existing Authority: Requiring, Rather Than Allowing, District or School Smartphone Policies. Existing law provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. In 2019, the Legislature passed AB 272 (Muratsuchi, Chapter 42, Statutes of 2019), which authorized governing bodies to adopt a policy to limit or prohibit the use of smartphones by students while at school or under employee supervision without prohibiting a student from possessing or using a smartphone under specified circumstances.

This bill expands existing law, by requiring, rather than allowing, LEAs, COEs, and charter schools, to develop, adopt, and revise every 5 years, a smart phone policy, that emphasis promoting evidence-based use of smartphone practices to support pupil learning and well-being with significant stakeholder participation.

1. A Call To Action: Research Demonstrates Impact of Smartphone Use On Teenagers. The U.S. Surgeon General issued an advisory in 2023 about the impact of social media use on the mental health of young people. The Surgeon General called for urgent action from policymakers, technology companies, researchers, families, and young people to better understand the full impact of social media, maximize its benefits, minimize its harms, and create safer online environments to protect children.

A 2019 Pew Research study found that most U.S. teens consider anxiety and depression to be significant issues among their peers, regardless of whether they experience these conditions. Concern about mental health is widespread across gender, racial, and socio-economic lines.

Furthermore, a 2020 article in the Journal of Affective Disorders indicated that more time spent on social media was linked to an increased risk of self-harm and depression, as well as lower self-esteem among 13–15-year-old girls. Similar findings were observed for both weekday and weekend use.

Some researchers have suggested a correlation between increased technology and smartphone use and the rising rates of teenage anxiety and depression. Dr. Jean Twenge's book, "iGen," presents evidence of increased depression and suicide among American teenagers, potentially due to increased mobile device screen time and social media use.

Moreover, an increasing body of research focuses on the impact of technology on student outcomes in grades K-12. A 2015 Discussion Paper from the London School of Economics and Political Science, Center for Economic Performance, explored the effects of banning cell phone use in English city schools in 2013. The paper found that student test scores improved following the ban, particularly among the most disadvantaged and underachieving pupils. The data suggests that low-achieving students are more likely to be distracted by mobile phones, while high achievers are less affected by the mobile phone policy.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee analysis, “This bill could result in one-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, for school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school. This estimate assumes that each LEA would require several hours of personnel time to develop the policies. To the extent that LEAs already have such policies in place, these costs could be lower. The bill’s activities could be deemed to be a reimbursable state mandate by the Commission on State Mandate.”

SUPPORT: (Verified 8/16/24)

California Teachers Association

Los Angeles Unified School District

OPPOSITION: (Verified 8/16/24)

California School Boards Association

ARGUMENTS IN SUPPORT: According to the California Teachers Association, “Cellphone use in classrooms is a significant distraction in schools and classrooms. Mobile device use in the classroom can be both distracting and harmful based on students' urge to text or check notifications as they pop up on the screen, off task behaviors or academic dishonesty. Further, there is a lack of evidence supporting the use of mobile devices for increasing grades or enhancing student academic goals; however, there is a correlation between mobile device use in the classroom and poorer grades (Tossell et al,. Whitford 2018). CTA believes all local education agencies shall be able to adopt policies and regulations regarding the use and possession of electronic communication devices, such as smartphones, as well as social media. These policies and regulations must ensure that the use and possession of these devices and social media does not disrupt instructional time or other school programs. The constant use of the devices has also been linked to students' worsening mental health. The overuse of technology is correlated with decreased cognitive thinking skills, social interactions, and a decrease in attention span (Himmelbach, 2019). For these reasons, CTA urges your support for AB 3216 (Hoover).”

ARGUMENTS IN OPPOSITION: According to the California School Boards Association, “Current law authorizes the governing body of a local education agency (LEA) to adopt a policy to limit or prohibit the use 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, COE, or charter school. AB 3216 would instead mandate that a LEA adopt a policy to limit or prohibit the student use of smartphones by July 1, 2026, and update it every five years. The bill provides that the goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. Governing boards already have the authority to limit smartphone use in schools. Further, governing boards can also regulate the possession or use of smartphones. Many LEAs have already adopted policies in accordance with current law that restrict or prohibit students’ use of smartphones. CSBA opposes this measure as districts already have the ability to address smartphones. This bill limits the decision-making authority of the governing board as they would now have to adopt a policy, even if, through local community meetings, it was found that there was no need to limit/prohibit the usage. These decisions are best made at the local level by people who understand, reside, are invested in, and accountable to the communities they serve. This legislation goes against the precepts of local control by taking the decision-making process out of the hands of the duly elected local governing board and requiring them to adopt a policy. For this reason, we must respectfully oppose AB 3216 (Hoover) and ask for your “NO” vote.”

ASSEMBLY FLOOR: 69-0, 5/23/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bonta, Cervantes, Megan Dahle, Essayli, Flora, Holden, Jackson, Lee, Mathis, Luz Rivas, Blanca Rubio

Prepared by: Kordell Hampton / ED. / (916) 651-4105

8/19/24 17:46:32

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 3216 (Hoover) - Pupils: use of smartphones

Bill Summary:

This bill requires local educational agencies (LEAs) to develop and adopt 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 at the school.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

This bill could result in one-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, for school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school. This estimate assumes that each LEA would require several hours of personnel time to develop the policies. To the extent that LEAs already have such policies in place, these costs could be lower. The bill’s activities could be deemed to be a reimbursable state mandate by the Commission on State Mandate.

Author Amendments:

Add coauthors.

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 3216 (Hoover) - Pupils: use of smartphones

Bill Summary:

This bill requires local educational agencies (LEAs) to develop and adopt 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 at the school.

Fiscal Impact:

This bill could result in one-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, for school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school. This estimate assumes that each LEA would require several hours of personnel time to develop the policies. To the extent that LEAs already have such policies in place, these costs could be lower. The bill’s activities could be deemed to be a reimbursable state mandate by the Commission on State Mandate.

Background:

Existing law allows the governing body of a school district, county office of education (COE), or charter school to adopt 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, COE, or charter school. It states that a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:

• 1. In the case of an emergency, or in response to a perceived threat of danger.
  2. When a teacher or administrator of the LEA, COE, 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.

• 1. 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.
  2. When the possession or use of a smartphone is required in a pupil’s individualized education program.

Proposed Law:

This bill requires school governing boards 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.

This bill provides that the goal of the policy is to promote evidence-based use of smartphone practices to support pupil learning and well-being with 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. 

Related Legislation:

SB 1283 (Stern) would expand existing law allowing a school governing board to adopt a policy related to limitations on smartphone use in school to also include the use of social media. The bill is pending on the Assembly Floor.

AB 272 (Muratsuchi, Chapter 42, Statutes of 2019) allows a school governing board to adopt a policy related to limitations on smartphone use in schools.

Staff Comments:

AB 272 (Muratsuschi, Chapter 42, Statutes of 2019) was enacted in 2019 to authorize LEAs to adopt a policy to limit or prohibit the use of smartphones by students while at school or under employee supervision without prohibiting a student from possessing or using a smartphone under specified circumstances. This bill would expand existing law by requiring, rather than allowing, school governing boards to develop and adopt such policies on limiting or prohibiting the use of smart phones in schools.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 3216 Hearing Date: June 26, 2024

Subject: Pupils: use of smartphones.

SUMMARY

Requires, rather than allows, a governing board of a local educational agency (LEA), county office of education (COE), or a charter school no later than July 1, 2026, to develop, adopt, and update every 5 years a policy, as specified, 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 of that LEA, COE, and charter school.

BACKGROUND

Existing Law:

Education Code (EC)

1. The governing body of a LEA, COE, or charter school may adopt 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 LEA, COE, or charter school. (EC § 48901.7 (a))
2. States a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:
   1. In the case of an emergency, or in response to a perceived threat of danger.
   2. When a teacher or administrator of the LEA, COE, 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.

• 1. 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.
  2. When the possession or use of a smartphone is required in a pupil’s individualized education program. (EC § 48901.7 (b))

1. Authorizes the governing board of each school district, or its designee, to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including but not limited to, paging and signaling equipment, by students of the school district while the students are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (EC § 48901.5 (a))
2. Provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. (EC § 48901.5 (b))

Penal Code (PEN)

1. Except as provided in this section, a government entity shall not do any of the following:
2. Compel the production of or access to electronic communication information from a service provider.
3. Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device.
4. Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. (PEN § 1546.1(a))
5. A government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under a warrant, wiretap order, order for electronic reader records, a subpoena, or an order for a pen register or trap and trace device, or both, as specified. (PEN § 1546.1 (b))
6. States a government entity may access electronic device information by means of physical interaction or electronic communication with the device with, including but not limited to, a warrant, wiretap order, tracking device search warrant, consent of the authorized possessor of the device, consent of the owner of the device, only when the device has been reported as lost or stolen, believes that an emergency involving danger of death or serious physical injury to any person, believes the device to be lost, stolen, or abandoned, as specified. (PEN § 1546.1 (c))

ANALYSIS

This bill:

1. Requires, rather than allows, a governing board of an LEA, COE, or a charter school 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 of that LEA, COE, and charter school.
2. Requires the goal of the policy is to promote evidence-based use of smartphone practices to support pupil learning and well-being with 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. 
3. Makes findings and declarations related to the effects of unrestricted use of smartphones by pupils at elementary and secondary schools during the schoolday and data that suggest how smartphone policy at school can be beneficial.

STAFF COMMENTS

1. Need for the bill. According to the author, “Extended studies have demonstrated that the use of smartphones in classrooms can detract from students’ academic performances while contributing to higher rates of academic dishonesty and cyberbullying. In consideration of California’s deficiency when it comes to academic performance as compared to other states, it is imperative for the Legislature to take action to resolve this issue. AB 3216 will require local educational agencies (LEA’s) to implement a policy that prohibits the use of smartphones by their pupils while present at a schoolsite during operational hours. By doing so, LEA’s can confidently expect an increase in both the productivity and safety of their academic environments. This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state.”
2. Expansion of Existing Authority: Requiring, Rather Than Allowing, District or School Smartphone Policies. Existing law provides that no student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student. In 2019, the Legislature passed AB 272 (Muratsuschi, Chapter 42, Statutes of 2019), which authorized governing bodies to adopt a policy to limit or prohibit the use of smartphones by students while at school or under employee supervision without prohibiting a student from possessing or using a smartphone under specified circumstances.

This bill expands existing law, by requiring, rather than allowing, LEAs, COEs, and charter schools, to develop, adopt, and revise every 5 years, a smart phone policy, that emphasis promoting evidence-based use of smartphone practices to support pupil learning and well-being with significant stakeholder participation.

1. A Call To Action: Research Demonstrates Impact of Smartphone Use On Teenagers. The U.S. Surgeon General issued an advisory in 2023 about the impact of social media use on the mental health of young people. The Surgeon General called for urgent action from policymakers, technology companies, researchers, families, and young people to better understand the full impact of social media, maximize its benefits, minimize its harms, and create safer online environments to protect children.

A 2019 Pew Research study found that most U.S. teens consider anxiety and depression to be significant issues among their peers, regardless of whether they experience these conditions. Concern about mental health is widespread across gender, racial, and socio-economic lines.

Furthermore, a 2020 article in the Journal of Affective Disorders indicated that more time spent on social media was linked to an increased risk of self-harm and depression, as well as lower self-esteem among 13–15-year-old girls. Similar findings were observed for both weekday and weekend use.

Some researchers have suggested a correlation between increased technology and smartphone use and the rising rates of teenage anxiety and depression. Dr. Jean Twenge's book, "iGen," presents evidence of increased depression and suicide among American teenagers, potentially due to increased mobile device screen time and social media use.

Moreover, an increasing body of research focuses on the impact of technology on student outcomes in grades K-12. A 2015 Discussion Paper from the London School of Economics and Political Science, Center for Economic Performance, explored the effects of banning cell phone use in English city schools 2013. The paper found that student test scores improved following the ban, particularly among the most disadvantaged and underachieving pupils. The data suggests that low-achieving students are more likely to be distracted by mobile phones, while high achievers are less affected by the mobile phone policy.

1. Related Legislation.

SB 1283 (Stern, 2024) bill would expand the existing authority of a LEA, COE, or charter school to adopt a policy that would either limit or prohibit the use of social media by its students while on campus or under the supervision and control of an employee.

AB 272 (Muratsuschi, Chapter 42, Statutes of 2019) provides that a student shall not be prohibited from possessing or using a smartphone under specified circumstances, and authorizes governing bodies to adopt a policy to limit or prohibit the use of smartphones by students while at school.

SB 1253 (Figueroa, Chapter 253, Statutes of 2002) allows school district governing boards to regulate the possession and use of electronic signaling devices (cell phones, pagers, etc.) by pupils while on campus or attending school functions.

SUPPORT

Los Angeles Unified School District

OPPOSITION

California School Boards Association

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ASSEMBLY THIRD READING

ATR Bill Id:AB 3216

Author:(Hoover, et al.)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Requires the governing body of a school district, a county office of education (COE), or a charter school to develop and adopt a policy to limit or prohibit the use by its pupils of smartphones, except in specified circumstances no later than July 1, 2026 and update the policy every five years thereafter. Specifically, this bill:

Major Provisions

1. Requires the goal of the policy be to promote evidence-based use of smartphone practices to support pupil learning and well-being. Requires the development of the policy to 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.
2. Requires a pupil to not be prohibited from possessing or using a smartphone under any of the following circumstances: in the case of an emergency, or in response to a perceived threat of danger; when a teacher or administrator of the school district, COE, 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; 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; and when the possession or use of a smartphone is required in a pupil's individualized education program (IEP).

COMMENTS

Teenager use of technology. Teenager use of technology, including smartphones, is on the rise. A 2024 Pew Research report, How Teens and Parents Approach Screen Time, included a national survey of teenagers from ages 13- to 17-years old yielded the following results:

1. 95% of teens have access to a smartphone;
2. 72% of U.S. teens say they often or sometimes feel peaceful when they don't have their smartphone; 44% say it makes them feel anxious;
3. 38% of teens say they spend too much time on their smartphone. About a quarter say the same regarding their social media use, but the largest shares say the amount of time they spend on their phone (51%) or on social media (64%) is about right. Relatively few teens say they don't spend enough time with these technologies. However, views on this differ by gender. Teen girls are more likely than boys to say they spend too much time on their smartphone (44% vs. 33%) or social media (32% vs. 22%);
4. 69% of teens say smartphones make it easier for youth to pursue hobbies and interests; fewer (30%) say it helps people their age learn good social skills.
5. Half of parents say they have looked through their teen's phone; and
6. About four-in-ten parents and teens report regularly arguing with one another about time spent on their phone.

A growing body of peer-reviewed research is examining the connection between technology use and teenage student mental health. The U.S. Surgeon General issued an advisory about the effects of social media use has on youth mental health in 2023. The Surgeon General issued a call for urgent action by policymakers, technology companies, researchers, families, and young people alike to gain a better understanding of the full impact of social media use, maximize the benefits and minimize the harms of social media platforms, and create safer, healthier online environments to protect children.

According to a 2020 article in the Journal of Affective Disorders, Is social media screen time really associated with poor adolescent mental health?, a greater amount of time spent on social media was associated with an increased risk of self-harm and depression, and lower levels of self-esteem in In 13–15 year old girls. Findings were similar for weekday and weekend use. Some have suggested that there is likely a correlation between the increased use of technology and smartphone use and the increased rates of teenage anxiety and depression. A widely cited book by Dr. Jean Twenge, a professor of psychology at San Diego State, iGen, presents evidence of an increase in depression and suicide among American teenagers that may be caused by increased mobile device screen time and social media use.

Impact of smartphone use on student achievement, and the use of smartphones in schools. There is an increasing body of research on the impact of technology on adolescent student outcomes in grades K-12.

A 2015 Discussion Paper from the London School of Economics and Political Science, Center for Economic Performance, Ill Communication: Technology, Distraction and Student Performance, studied four English city school systems that had banned cell phone use in schools in 2013. The authors of the paper found that student test scores improve by 6.41% of a standard deviation when schools banned cell phone use. The effect was driven by the most disadvantaged and underachieving pupils. Students in the lowest quartile of prior achievement gained 14.23% of a standard deviation, while, students in the top quartile were neither positively nor negatively affected by a phone ban. The results suggest that low-achieving students are more likely to be distracted by the presence of mobile phones, while high achievers can focus in the classroom regardless of the mobile phone policy.

Governing boards have the authority to limit smartphone use in schools. Current law permits school districts, COEs, and charter schools to adopt policies which may limit or prohibit the use of smartphones in schools and during school-related activities.

Governing board smartphone policies. Current law permits the governing body of a school district, COE or charter school to regulate the possession or use of any electronic signaling device that operates through the transmission of radio waves, which includes smartphones. Many LEAs have adopted policies in accordance with current law that restrict or prohibit students' use of smartphones. The California School Boards Association's (CSBA) sample board policy on student conduct includes information about smartphone use, which is intended to be reviewed, modified and adopted to match the policies of each governing board includes the following suggested language, in pertinent part, "Use of a cellular/digital telephone, pager, or other mobile communications device during instructional time: Such devices shall be turned off in class, except when being used for a valid instructional or other school-related purpose as determined by the teacher or other district employee, and at any other time directed by a district employee. Any device with camera, video, or voice recording function shall not be used in any manner which infringes on the privacy rights of any other person."

According to the Author

"Extended studies have demonstrated that the use of smartphones in classrooms can detract from students' academic performances while contributing to higher rates of academic dishonesty and cyberbullying. In consideration of California's deficiency when it comes to academic performance as compared to other states, it is imperative for the legislature to take action to resolve this issue. AB 3216 will require local educational agencies (LEA's) to implement a policy that prohibits the use of smartphones by their pupils while present at a schoolsite during operational hours. By doing so, LEA's can confidently expect an increase in both the productivity and safety of their academic environments. This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state."

Arguments in Support

None on file.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. One-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, to school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school in tandem with stakeholders.
2. The state has over 1,000 school districts and over 1,000 charter schools, each governed by governing boards. If personnel costs to develop a policy required several hours of school personnel time for the governing board of each school district, costs could be in the hundreds of thousands of dollars. Costs would be lower to the extent some governing boards already have adopted policies that comply with this law, as current law authorizes.
3. Ongoing Proposition 98 General Fund costs of unknown amount, potentially in the tens to hundreds of thousands of dollars every five years, to governing boards to review the policy.
4. Ongoing Proposition 98 General Fund costs, of an unknown amount, to schools to the extent this bill results in more disciplinary events and staff required to manage such events due to students not following a school's smartphone policies. These impacts might be mitigated by a governing board's stakeholder engagement processes when adopting its policy.

VOTES

ASM EDUCATION: 6-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Hoover, McCarty

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0003307

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 3216

Author:(Hoover) – As Amended Ver:March 21, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires, by July 1, 2026, the governing board of a public school to adopt a policy to limit or prohibit the use of smartphones by its students while students are at school or under the supervision of the school, with certain exceptions.

Specifically, these exception include:

1. In the case of an emergency or in response to a perceived threat of danger.
2. When a teacher or administrator of the school grants permission, subject to a reasonable limitation.
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.

FISCAL EFFECT:

1. One-time Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars, to school governing boards to adopt policies to limit or prohibit the use of smartphones by students at school.

The state has over 1,000 school districts and over 1,000 charter schools, each governed by governing boards. If personnel costs to develop a policy required several hours of school personnel time for the governing board of each school district, costs could be in the hundreds of thousands of dollars. Costs would be lower to the extent some governing boards already have adopted policies that comply with this law.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.

1. Ongoing Proposition 98 General Fund costs, of an unknown amount, to schools to the extent this bill results in more disciplinary events and staff required to manage such events due to students not following a school’s smartphone policies.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

Studies have demonstrated that the use of smartphones in classrooms can detract from students’ academic performances while contributing to higher rates of academic dishonesty and cyberbullying…This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state.

1. Background. AB 272 (Muratsuchi), Chapter 42, Statutes of 2019, allows a school governing board to adopt a policy related to limitations on smartphone use in school and establishes certain exceptions to such policies. While the state does not collect data, anecdotally, some school governing boards have adopted policies in accordance with current law.

This bill requires every school governing board to adopt a policy limiting or prohibiting smartphone use by students in school by July 1, 2026.

1. Related Legislation. SB 1283 (Stern) would expand existing law allowing a school governing board to adopt a policy related to limitations on smartphone use in school to also include the use of social media. The bill is pending in the Senate Education Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 3216 (

Author:Hoover) – As Amended Ver:March 21, 2024

SUBJECT: Pupils: use of smartphones

SUMMARY: Requires the governing body of a school district, a county office of education (COE), or a charter school to adopt a policy to limit or prohibit the use by its pupils of smartphones, except in specified circumstances. Specifically, this bill:

1. Requires, no later than July 1, 2026, the governing body of a school district, a COE, or a charter school to adopt 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, COE, or charter school.
2. Requires a pupil to not be prohibited from possessing or using a smartphone under any of the following circumstances:
   1. 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, COE, 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; and
   4. When the possession or use of a smartphone is required in a pupil’s individualized education program (IEP).

EXISTING LAW:

1. Authorizes the governing body of a school district, a COE, or a charter school to adopt 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, COE, or charter school. Requires a pupil to not be prohibited not be prohibited from possessing or using a smartphone under any of the following circumstances:
2. In the case of an emergency, or in response to a perceived threat of danger;
3. When a teacher or administrator of the school district, COE, 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;
4. 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; and
5. When the possession or use of a smartphone is required in a pupil’s individualized education program. (Education Code (EC) 48901.7)
6. Permits the governing board of each school district, or its designee, to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (EC 48901.5)
7. Requires that no pupil may be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited to purposes related to the health of the pupil. (EC 48901.5)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, “Extended studies have demonstrated that the use of smartphones in classrooms can detract from students’ academic performances while contributing to higher rates of academic dishonesty and cyberbullying. In consideration of California’s deficiency when it comes to academic performance as compared to other states, it is imperative for the legislature to take action to resolve this issue. AB 3216 will require local educational agencies (LEA’s) to implement a policy that prohibits the use of smartphones by their pupils while present at a schoolsite during operational hours. By doing so, LEA’s can confidently expect an increase in both the productivity and safety of their academic environments. This bill is a step in the right direction in enhancing the academic achievement and well-being of public school students in this state.”

Teenager use of technology. Teenager use of technology, including smartphones, is on the rise. A 2024 Pew Research report, How Teens and Parents Approach Screen Time, included a national survey of teenagers from ages 13- to 17-years old yielded the following results:

• 95% of teens have access to a smartphone;
• 72% of U.S. teens say they often or sometimes feel peaceful when they don’t have their smartphone; 44% say it makes them feel anxious;
• 38% of teens say they spend too much time on their smartphone. About a quarter say the same regarding their social media use, but the largest shares say the amount of time they spend on their phone (51%) or on social media (64%) is about right. Relatively few teens say they don’t spend enough time with these technologies. However, views on this differ by gender. Teen girls are more likely than boys to say they spend too much time on their smartphone (44% vs. 33%) or social media (32% vs. 22%);
• 69% of teens say smartphones make it easier for youth to pursue hobbies and interests; fewer (30%) say it helps people their age learn good social skills.
• Half of parents say they have looked through their teen’s phone; and
• About four-in-ten parents and teens report regularly arguing with one another about time spent on their phone.

According to a 2023 Gallup survey of more than 1,500 adolescents, Familial and Adolescent Health, over half of U.S. teenagers (51%) report spending at least four hours per day using a variety of social media apps such as YouTube, TikTok, Instagram, Facebook and X (formerly Twitter). Across age groups, the average time spent on social media ranges from as low as 4.1 hours per day for 13-year-olds to as high as 5.8 hours per day for 17-year-olds. Girls spend nearly an hour more on social media than boys (5.3 vs. 4.4 hours, respectively).

A Pew Research report, U.S. Smartphone Use in 2018, found that 45% said they were online “almost constantly.” A 2015 Common Sense Media report and study, Common Sense Census: Media Use by Tweens and Teens, found that teenagers (ages 13-18) use an average of nine hours of entertainment media per day and that tweens (ages 8-12) use an average of six hours a day, not including time spent using media for school or homework. Despite the significant amount of time teens and tweens spend with media, not all young people use media in the same way. The report identified a significant digital equity gap between low-income kids who are far less likely to have access to computers, tablets and smartphones than their wealthier peers. However, those low-income kids who do have access are more likely to spend more time on their devices than kids from more affluent families. The survey also found that half of teenagers felt addicted to their devices, and 78% checked their devices at least hourly. Nearly three quarters of teens felt pressured to respond immediately to texts, notifications and social media messaging.

A growing body of peer-reviewed research is examining the connection between technology use and teenage student mental health. The U.S. Surgeon General issued an advisory about the effects of social media use has on youth mental health in 2023. The Surgeon General issued a call for urgent action by policymakers, technology companies, researchers, families, and young people alike to gain a better understanding of the full impact of social media use, maximize the benefits and minimize the harms of social media platforms, and create safer, healthier online environments to protect children. The advisory stated:

• While social media may offer some benefits, there are ample indicators that social media can also pose a risk of harm to the mental health and well-being of children and adolescents.
• Children are affected by social media in different ways, including based on cultural, historical, and socio-economic factors. Among the benefits, adolescents report that social media helps them feel more accepted (58%), like they have people who can support them through tough times (67%), like they have a place to show their creative side (71%), and more connected to what’s going on in their friends’ lives (80%).
• Studies have also shown a relationship between social media use and poor sleep quality, reduced sleep duration, sleep difficulties, and depression among youth. 
• More research is needed to determine the full impact social media use has on nearly every teenager across the country.

According to a 2019 Pew Research study, Most U.S. Teens See Anxiety and Depression as a Major Problem Among Their Peers, “Anxiety and depression are on the rise among America’s youth and, whether they personally suffer from these conditions or not, seven-in-ten teens today see them as major problems among their peers. Concern about mental health cuts across gender, racial and socio-economic lines, with roughly equal shares of teens across demographic groups saying it is a significant issue in their community.”

According to a 2020 article in the Journal of Affective Disorders, Is social media screen time really associated with poor adolescent mental health?, a greater amount of time spent on social media was associated with an increased risk of self-harm and depression, and lower levels of self-esteem in In 13–15 year old girls. Findings were similar for weekday and weekend use.

Some have suggested that there is likely a correlation between the increased use of technology and smartphone use and the increased rates of teenage anxiety and depression. A widely cited book by Dr. Jean Twenge, a professor of psychology at San Diego State, iGen, presents evidence of an increase in depression and suicide among American teenagers that may be caused by increased mobile device screen time and social media use.

Impact of smartphone use on student achievement, and the use of smartphones in schools. There is an increasing body of research on the impact of technology on adolescent student outcomes in grades K-12.

A 2015 Discussion Paper from the London School of Economics and Political Science, Center for Economic Performance, Ill Communication: Technology, Distraction and Student Performance, studied four English city school systems that had banned cell phone use in schools in 2013. The authors of the paper found that student test scores improve by 6.41% of a standard deviation when schools banned cell phone use. The effect was driven by the most disadvantaged and underachieving pupils. Students in the lowest quartile of prior achievement gained 14.23% of a standard deviation, while, students in the top quartile were neither positively nor negatively affected by a phone ban. The results suggest that low-achieving students are more likely to be distracted by the presence of mobile phones, while high achievers can focus in the classroom regardless of the mobile phone policy.

Governing boards have the authority to limit smartphone use in schools. Current law permits school districts, COEs, and charter schools to adopt policies which may limit or prohibit the use of smartphones in schools and during school-related activities.

Governing board smartphone policies. Current law permits the governing body of a school district, COE or charter school to regulate the possession or use of any electronic signaling device that operates through the transmission of radio waves, which includes smartphones. Many LEAs have adopted policies in accordance with current law that restrict or prohibit students’ use of smartphones. The California School Boards Association’s (CSBA) sample board policy on student conduct includes information about smartphone use, which is intended to be reviewed, modified and adopted to match the policies of each governing board includes the following suggested language, in pertinent part, “Use of a cellular/digital telephone, pager, or other mobile communications device during instructional time: Such devices shall be turned off in class, except when being used for a valid instructional or other school-related purpose as determined by the teacher or other district employee, and at any other time directed by a district employee. Any device with camera, video, or voice recording function shall not be used in any manner which infringes on the privacy rights of any other person.”

Related legislation. SB 1283 (Stern) of the 2023-24 Session would expand existing law related to the authorization of the governing body of a school district, a COE, or a charter school to adopt a policy to limit or prohibit the use by its pupils of smartphones while at school to also cover the use by pupils of social media.

AB 272 (Muratsuchi), Chapter 42, Statutes of 2019, provides that a student shall not be prohibited from possessing or using a smartphone under specified circumstances, and authorizes governing bodies to adopt a policy to limit or prohibit the use of smartphones by students while at school.

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Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087