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H 5366

Amendment H.5366

194th Legislature (2025-2026)

The bill limits personal devices in schools, requires a DESE policy, funds a pilot to disable devices on campus, and adds social media education for students.

See S2581
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Bill Summary · H 5366

Summary of Bill: H 5366 (Amendment to Senate Bill No. 2581) – Massachusetts, 194th General Court

Purpose and overall aim
- The bill, presented as House amendments to Senate Bill 2581, seeks to promote student learning and mental health by regulating personal electronic device use in schools, governing social media use by minors, and piloting technology to render devices inoperable on school grounds. It emphasizes distraction-free education, safety, and age-appropriate protections for minors.

Key provisions

1) Personal electronic devices in schools (Chapters 69 and 71 amendments; new Section 40 in Chapter 69 and Section 102 of Chapter 71)
- Definitions:
- Personal electronic device: broad coverage including phones, tablets, laptops, wearables, etc., excluding school-issued/sanctioned devices used for legitimate education.
- School day: all time from arrival to last class dismissal, including non-instructional times and school-sponsored activities.
- School-sponsored activity: activities during the school day (not after dismissal unless designated).
- Guidance and model policy:
- The Department of Elementary and Secondary Education (DESE) must issue guidance, model policy, and recommendations to prohibit student use of personal devices during the school day.
- Guidance must cover (i) preventing personal use of school-issued devices, (ii) preventing personal device use, (iii) identifying school-sponsored activities, (iv) secure storage or disabling devices, (v) communications with parents/guardians during the day (emergency considerations), (vi) student contact methods during the day, and (vii) enforcement with safeguards to prevent inequitable discipline; noncompliance alone should not lead to expulsion or suspension.
- Public input and updates:
- DESE must solicit public input before finalizing guidance and must publish the guidance on its website. It will annually update guidance to reflect research and technology advances.
- Policy filing and notification:
- Every public school/district must file a personal device use policy annually with DESE by Sept 1 each year, using DESE’s format. Districts must notify parents/guardians at least once per school year.

2) Authorized exceptions for device use
- Districts may authorize device use:
- For IEPs/504 plans, healthcare needs, emergencies, or language access needs, to the extent necessary.
- Written determinations may be made by appropriate district officials.
- District policy remains aligned with state/federal accommodations and health needs.
- Districts may set broader restrictions outside school day.

3) Social media use education (Chapter 71, new section 103)
- Instruction requirement:
- Districts must provide instruction on the social, emotional, and physical risks of social media use, aligned with state content standards.
- Guidance and resources:
- DESE, in collaboration with AG and Department of Public Health, will provide guidance on curricula, norms, parental guidance, warning signs, etc.
- Support for educators:
- DESE will assist with curricular materials and professional development.
- Optional annual programming:
- Instruction on social media use is to be used at appropriate ages, not required every year.

4) Online protection – new Chapter 93M (pilot and regulation; Section 4)
- Definitions: adds terms like "account," "addictive social media feed," "connected account," "parent," "push notification," etc.
- Pilot program (1-year) for 10 districts:
- Purpose: test technological means to render student devices inoperable on school grounds during the school day.
- Procurement: competitive process; providers must demonstrate privacy protections, data handling restrictions, and data deletion when no longer needed.
- Privacy and data safeguards: no data collection beyond disabling tech, no selling data, and destruction of data when not needed.
- Contractual requirements: providers must protect student data privacy, limit data collection, and restrict use to school purposes.
- Evaluation and reporting:
- Within 180 days after the pilot, DESE must report to legislative committees with findings and recommendations on continued use.

5) Implementation timeline and emergency provision
- Effective date: Section 3 takes effect Oct 1, 2026.
- Interim policy: If a district policy is not approved by Sept 1, 2026, DESE’s model policy takes effect.
- Future reporting deadlines: DESE to report on device policy implementation by Sept 1, 2028, and on social media instruction implementation by Sept 1, 2028.
- Regulatory actions: Attorney General to promulgate regulations for Chapter 93M by Sept 1, 2026.

Emergency preamble
- The bill includes an emergency preamble—intended to allow immediate effect to protect minors’ health and promote distraction-free education.

Potential impact and affected groups
- Students: heightened protections against distraction, with structured device-use policies and age-appropriate safeguards.
- Parents/guardians: clearer channels for communication during school hours and access to age-verification data under certain sections.
- Schools/districts: new policy requirements, potential investments in device-secure storage or disabling tech, and participation in a pilot program for device-inactivating technology.
- Social media platforms: subject to new age-verification, safety settings, and penalties for noncompliance; development of age-assurance systems.
- State agencies: DESE, Attorney General, and Department of Public Health will regulate, guide, and monitor compliance, plus publish guidance and reports.

Note: This summary covers the substantive provisions and timelines as written in the House amendments to Senate Bill 2581 (H 5366).

Compiled from official sources — confirm details with the bill’s official record.

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