Bill Text: CA AB3216 | 2023-2024 | Regular Session | Amended


Bill Title: Pupils: use of smartphones.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-04-17 - In committee: Set, first hearing. Referred to suspense file. [AB3216 Detail]

Download: California-2023-AB3216-Amended.html

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3216


Introduced by Assembly Member Members Hoover and Muratsuchi

February 16, 2024


An act to amend Section 48901 of the Education Code, relating to pupils. 48901.7 of the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 3216, as amended, Hoover. Pupil health: tobacco products. Pupils: use of smartphones.
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, 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, 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.

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

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) There is growing evidence that unrestricted use of smartphones by pupils at elementary and secondary schools during the schoolday interferes with the educational mission of the schools, lowers pupil performance, particularly among low-achieving pupils, promotes cyberbullying, and contributes to an increase in teenage anxiety, depression, and suicide.
(b) In September 2018, France adopted a nationwide smartphone ban in all primary and middle schools in order to promote pupil achievement and healthy social development.
(c) The London School of Economics and Political Science published a May 2015 study that found that test scores improved significantly at schools that banned mobile phone use, and that the most significant gains in pupil performance were made by the most disadvantaged and underachieving pupils. The study concluded that “schools could significantly reduce the education achievement gap by prohibiting mobile phone use in schools.”
(d) Dr. Jean Twenge, who is a professor of psychology at San Diego State University, published a book in 2017 entitled “iGen,” which 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. According to Dr. Twenge, grade 8 pupils who spend 10 or more hours per week on social media are 56 percent more likely to describe themselves as unhappy than those who devote less time to social media. Moreover, teenagers who spend three hours per day or more on electronic devices are 35 percent more likely to demonstrate risk factors for suicide, such as suicidal ideation, and teenagers who spend five or more hours per day on their devices are 71 percent more likely to demonstrate a risk factor for suicide.
(e) Research demonstrates that the use of cell phones by pupils during school operating hours can create significant distractions resulting in negative effects on their academic performance and mental health. Additionally, the presence of cell phones and related technologies in classrooms may not only detract from students’ academic performance, but also contribute to higher rates of academic dishonesty and cyberbullying.
(f) In 2015, Spain enacted a ban on mobile phones in school settings, showing an increase of students’ test scores as well as a documented decrease in incidences of bullying.
(g) A study completed by Louis-Philippe Beland and Richard Murphy in 2016 on the impact of cell phones on students’ academic performance reported that when cell phones were banned from classrooms, standardized test scores went up approximately 6 percent on average and more than 14 percent for low-achieving students.
(h) Using student data from England, the results from a 2015 research paper published in the Labour Economics journal suggest that after schools banned mobile phones, test scores of students 16 years of age increased by 6.4 percent of a standard deviation, or the equivalent to adding five days to the school year or an additional hour a week.

SEC. 2.

 Section 48901.7 of the Education Code is amended to read:

48901.7.
 (a) The No later than July 1, 2026, the governing body of a school district, a county office of education, or a charter school may shall 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.
(b) Notwithstanding subdivision (a), 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 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.

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.
SECTION 1.Section 48901 of the Education Code is amended to read:
48901.

(a)A school shall not permit 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.

(b)The governing board of any school district maintaining a high school shall take all steps it deems practical to discourage high school pupils from smoking.

(c)For purposes of this section, the following definitions apply:

(1)“Smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(2)“Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

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