HB 1160 — Summary (North Dakota): Restricting personal electronic devices during instructional time
Status: Enacted by the 69th Legislative Assembly; filed with Secretary of State April 25, 2025.
Purpose
- To require school districts to adopt and implement policies that prohibit student access to personal electronic communication devices during instructional time, with limited exceptions. The intent is to reduce in-class distractions and measure effects on student behavior, mental health, attendance, discipline, and academic performance.
Key provisions
- Scope and definitions
- “Instructional time” — from the start of the school day until dismissal on school premises; includes structured or unstructured learning experiences, recess, lunch, and passing time between classes. Excludes private travel to/from area career & technology centers and virtual/off‑premises instruction.
- “Personal electronic communication device” — portable devices capable of voice/text/data communication or internet/cellular/Wi‑Fi connection (examples listed: smartphone, cell phone, Bluetooth‑enabled devices, tablet, smartwatch, other wearables, gaming devices). Excludes school‑owned devices and portable medical devices that meet the federal Food, Drug & Cosmetic Act definition.
- “School” — public preK–12 schools and area career & technology centers; excludes virtual schools, the ND Center for Distance Education, and home‑school settings.
Required district policy
- Each school district or governing body must adopt and implement a policy that:
- Requires all personal electronic communication devices to be silenced/turned off, securely locked away, and inaccessible to students during instructional time.
- Ensures devices are stowed in secure lockable pouches/phone lockers/envelopes or otherwise inaccessible.
- Permits schools to limit or allow access to devices outside instructional time (including during school‑related activities).
- Includes enforcement provisions to ensure strict compliance by students and school employees.
- Provides that students may contact parents/caregivers during the school day using a school telephone made available in a designated manner/location.
Exceptions (districts may not prohibit use/possession when)
- A licensed medical provider determines device possession/use is necessary for the student’s health or well‑being; or
- Device possession/use is required by the student’s Individualized Education Program (IDEA), a Section 504 plan, or other legally required accommodation.
Data collection and reporting
- Each district must collect data annually to measure the policy’s impact on student behavior, mental health, disciplinary incidents, attendance, and academic performance.
- The Superintendent of Public Instruction must establish, by July 1, 2026, a uniform system for districts to report the required data.
Who is affected
- Public school students (preK–12) and school staff in North Dakota public schools and area career & technology centers.
- School districts and governing bodies (required to adopt and implement policies and to collect/report data).
- Parents/caregivers (procedures for communication during the day).
- Students with medical needs or disabilities (protected by explicit exceptions and accommodations).
Implementation / timeline notes
- Districts must adopt and implement compliant policies following enactment. The law requires the Superintendent to provide a uniform reporting system by July 1, 2026, for annual district reporting.
- The enactment text defines exclusions (virtual schooling, school‑owned devices, certain medical devices) and leaves specific disciplinary measures and enforcement mechanisms to district policy.
Observations
- The statute centralizes policy requirements (district adoption + statewide reporting) but preserves local control over specific time/location rules and disciplinary responses, while protecting students with medical needs or legally required accommodations.
