by Maria Wood
For years, teachers have been competing with cellphones for students’ attention in class. In an effort to cut down on the distractions that cellphones cause, 18 states have passed either total bans or restrictions on using them in school, according to an analysis by Education Week.
In September 2024, California Governor Gavin Newsom signed the Phone-Free Schools Act into law, joining Indiana, Minnesota, Ohio and Virginia, in requiring that all schools adopt a policy to restrict cellphone use during the school day. For example, Indiana enacted a law that went into effect in July 2024 prohibiting students from using “any portable wireless device,” including cellphones, tablets and laptops, while class is in session. The ban may be lifted in emergencies, for health reasons or if the phone is needed for a student’s Individualized Education Plan (IEP).
Three other states, Florida, Louisiana and South Carolina, have instituted statewide bans on cellphone use on school grounds. While Florida’s ban was signed into law in 2023, it will not go into effect until 2026. South Carolina’s ban will begin in January 2025. Louisiana’s ban, which went into effect in May 2024, prohibits students from using their cellphones on school grounds and while on the bus. The law makes exceptions for students with IEPs that require the use of electronic devices.
The Boards of Education in six additional states have passed resolutions strongly encouraging local school boards to adopt policies that limit the use of cellphones in schools. The governors in another four states have passed laws to encourage schools to restrict cellphone use by providing funds to develop such policies. The funds can be used to purchase lockable smartphone bags that block cell signals.
Too distracted to learn?
Studies suggest that access to cellphones during the school day prevents students from learning because of constant interruptions dividing their attention. According to a 2023 survey by Common Sense Media, a nonprofit organization researching young people’s media use, students were on their smartphones for an average of 43 minutes during school hours. On a typical day, according to the survey, students receive 237 notifications, with a quarter of those hitting during the school day. In addition, a 2023 Pew Research survey found that 72% of high school teachers said their students are being distracted by cellphones, while 33% of middle teachers and 6% of elementary school teachers said the same.
“We’re competing with Netflix, FaceTime, texting,” Noelle Gilzow, a science teacher and president of the Columbia Missouri National Education Association, told NEA Today, the National Education Association’s trade magazine.
Students, meanwhile, take a more positive view of cellphones. Seven in 10 teens ages 13 to 17 say “there are generally more benefits than harms to people their age using smartphones,” while three in 10 teens say the opposite, according to the Pew Research study.
Districts take the lead
New Jersey Governor Phil Murphy has spoken favorably about cellphone bans in schools and hasn’t ruled out a statewide ban. However, David Rubin, a New Jersey lawyer who specializes in education law and works with many districts in the state, points out that two bills on cellphone use in schools introduced in the State Legislature were never referred to a committee, let alone considered by the entire Legislature.
Rubin says it will most likely be the 600-plus school districts in the Garden State that develop and implement policies regarding cellphone restrictions in school.
“There is no right to have that equipment in schools,” Rubins explains. “So, if school districts want to ban it, they are as a matter of policy free to ban them or restrict them within reasonable limits so long as those limits aren’t arbitrary.”
Rubin also cites a 1989 state law which penalizes students for bringing “remotely activated paging devices” into the classroom. Anyone charged under that law faces a disorderly person’s offense. He contends cellphones would be covered under that law.
“The banning of electronic devices is not new,” Rubin says. “School districts have the legal right to prohibit distractions during the school day.”
Efforts in the Garden State
A number of New Jersey school districts are addressing the cellphone issue. The Cherry Hill school district, for example, banned all wireless devices, including smart watches, ear buds, and wireless headphones, during class beginning in September 2024. Students are permitted to use their phones during free time, such as lunch or riding the bus. Exceptions are also carved out for health reasons or if a student is covered by an IEP. Other New Jersey school districts are considering similar policies.
Under a new “Away for the Day” policy, which is scheduled to go into effect in January 2025, students in Ramsey will have to store their cellphones and other wireless devices away during school hours. Ramsey elementary school students will be required to keep their phones in their backpack, while middle school students will be able to store them in their lockers. Meanwhile, high school students in Ramsey will be required to turn their phones off and drop them into locked bags known as Yondr pouches. The pouches can only be opened at unlocking stations located in the school. The cost of these pouches range from $25 to $30 per student.
In 2023, the Linden School District put a cellphone ban in place. Students in the district have the choice of leaving their phones at home, in their lockers, or in a Yondr pouch. The principal of McManus Middle School told nj.com that the policy has been successful in keeping students away from their phones. He said he confiscates phones once or twice a week from students breaking the rules, compared to one or two a day before the school district adopted the new policy.
Making it mandatory in Ridgewood
In September 2024, the Ridgewood School District implemented tighter restrictions on cellphone usage similar to the policy in the Ramsey school district. According to Superintendent Mark Schwarz, elementary school students must place their phones in a backpack while middle school students can keep them hidden in their lockers. At the high school, students tuck their phones into unlocked caddies during instructional time. They can pick them up after class and power up during free time.
Prior to the 2024-2025 school year, the policy was optional, which led some teachers to allow students to have their phones during class while others did not.
“I made it mandatory so students will be present in the classroom and not have that feeling of needing to be looking at their phones,” says Ridgewood High School Principal Jeff Nyhuis. “We want to target them on learning, not their phones.”
Both Schwarz and Nyhuis say the feedback from parents and teachers has been positive.
“The teachers were behind it because they were dealing with distractions in the class before this,” Nyhuis says.
Schwarz says parents are “generally happy with it,” but admits some parents have expressed concerns about not being able to contact their children during a crisis. Schwarz notes that the district has protocols in place to deal with emergencies and local authorities are well equipped to respond to any violent incident.
“While parents may find comfort in being able to contact their child in an emergency, it’s not necessarily going to improve the safety of the students,” Schwarz says.
Devon Espejo, an Art teacher at San Marcos High School in Santa Barbara, CA, acknowledged in NEA Today that some parents are uncomfortable with cellphone bans.
“If they were to sit through a class with kids who have access to their phones, and then sat through one where phones were not allowed, they would endorse it,” Espejo said.
Although Schwarz knows of no serious issues concerning Ridgewood’s cellphone policy, he warns of the consequences for violating it.
For example, according to Nyhuis, a student could receive detention for not putting their phone in a caddie. So far, Nyhuis says there have only been a “handful” of violations.
The goal, says Schwarz, isn’t to be overly punishing or to stigmatize phones, but “to create an environment that is as distraction-free as possible.”
As for the effect on learning outcomes, Schwarz says it’s too early to tell, but anecdotally he’s hearing from teachers that students are more engaged. He says the district will continue to monitor the impact.
Education Department weighs in
In August 2024, the New Jersey Department of Education put out a memo advising districts on how to develop and implement cellphone policies. The agency advised bringing in all stakeholders, including parents, into the process. The DOE also recommends establishing clear rules on where and when phones can be used in school.
Getting community buy-in is an important step in developing a cellphone strategy, Rubin says. He also favors an individual approach with districts first surveying how many students have cellphones and how they are being used. Any policy would be specifically tailored to the information gleaned from the survey.
Whatever the ultimate policy, the main goal, says Rubin, “is to not have kids looking down on their phones during class.”
Discussion Questions
- Think about how often you look at your phone during school hours. Would you consider it a distraction for you? Why or why not?
- What is your best argument for allowing unlimited cellphone use in school? What is your best argument for banning cellphone use in school? Explain both positions in detail.
- Short of a ban, what would your solution be for cellphone distraction in school? Explain your answer.
Glossary Words
disorderly persons offense—a minor offense handled in municipal court without a jury. The penalties for this offense are imposed by a judge and can include fines of up to $1000 and/or up to six months in jail.
This article originally appeared in the winter 2025 issue of The Legal Eagle.