Cam Cavitt

ALPENA — A Michigan bill, which would require Michigan public schools to enact policy limiting the use of cell phones on school grounds during instructional times, is headed to the desk of Governor Gretchen Whitmer for her signature.

The Michigan Senate voted on Jan. 22 to approve House Bill 4141.

According to the House of Representatives legislative summary, the bill will amend the Revised School Code to require the board of a school district or the board of directors of a public school academy (PSA) to implement a wireless communications device policy that prohibits the use of such a device on school grounds during instructional time.

The summary defines a wireless communications device as an electronic device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, sending and receiving photos and videos, or producing email.

The bill includes exceptions for “a basic telephone,” which the summary described as a device primarily used for voice calling that cannot support third-party applications, except those preinstalled, and does not support access to internet platforms through applications or web browsers.

School grounds, according to the bill, is defined as a building, playing field, or property used for functions and events sponsored by a school, but will not include a building used primarily for adult education or college extension courses.

In addition to the aforementioned requirements, school boards have the option to implement additional restrictions on use, according to the HB 4141. Once the bill is signed into state legislature, school wireless communications device policy will have to be posted on the website for each school district or PSA, and the policy will have to detail how it will be enforced.

If enacted into law, the bill states that school policies will have to include exemptions for the following:

— Medically necessary devices.

— District-owned devices, such as school-issued tablets and laptops.

— Devices designated by the district to be used for instructional purposes.

— Devices used for special education programming.

— Devices provided as an accommodation to a student as required under section 504 of Title V of the federal Rehabilitation Act of 1973 or as part of an individualized education plan under Title II of the federal Americans with Disabilities Act of 1990.

— Lesson-specific academic assignments, at the limited and direct discretion of a classroom teacher.

— Emergency situations, as described in an emergency operations plan, although the use of a wireless communications device must not interfere with school emergency protocols or the actions of first responders or endanger students or faculty.

State Representative Cam Cavitt, R-Cheboygan, voted yes on the bill on Jan. 14 with the majority. The bill then was sent to the Senate for consideration.

“I’ve worked with educators since day one, and the top issue they consistently raise is students using cellphones in school,” Cavitt told The News. “This proposal would help get students back on track at a time when our education system ranks near the bottom nationally.”

In July, Cavitt told The News that he believed that phones were hindering students’ success in the classroom and legislation could give schools a tool to solve the problem.

“We want our kids off their phones and paying attention in class,” Cavitt said. “Devices have become a huge distraction and barrier to students receiving a quality education. This plan would enforce some bare minimum restrictions for cell phones in schools, but leaves additional enforcement to local school districts. We want to give locals the ability to make decisions that best suit their district while ensuring cell phones don’t continue to corrode our education system.”

When House Bill 4141 was sent to the Michigan Senate for consideration for the final time, State Senator Michele Hoitenga, R-Manton, was the lone “Nay” vote in the chamber.

“While I agree that limiting cell phone use in schools can lead to positive educational outcomes, I don’t believe more laws are necessary,” Hoitenga told The News. “Schools can already establish their own phone policies at the local level without a government mandate.”

Prior to the final vote, state Senators voted to add the following amendment to the bill as an exception:

“The use of a wireless communications device to record misconduct.”

Hoitenga voted “Yea” on the amendment, but the amendment did not receive enough votes to be added.

Hoitenga said that if the amendment had been adopted, her vote on the bill may have been different.

“It’s possible I would have supported the bill with that amendment,” Hoitenga said.

The bill, if signed by Whitmer, will repeal section 1303 of the Revised School Code, which allows the board of a school district or PSA to adopt and implement its own local policy concerning whether a student can carry a pocket pager, electronic communication device, or other personal communication device in school.

Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.