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H 5394

Study Order

194th Legislature (2025-2026)

The bill aims to reduce student distraction and health risks by restricting personal electronic device use in schools, guiding districts with policies and piloting inoperability te

Discharged to the committee on House Rules
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Bill Summary · H 5394

Overview

H 5394, titled “An Act promoting safe technology use and distraction-free education for youth,” is a Massachusetts bill intended to reduce distractions and health risks associated with screen use in schools. It establishes definitions, requires districts to adopt policies restricting personal electronic devices (PEDs) during the school day, mandates certain instruction on social media use, and creates a pilot program to test technology that can render PEDs inoperable on school grounds. It also creates a new chapter (93M) on online protection with age-based safeguards for social media.

Main purpose and intent

  • Promote safe technology use and distraction-free education for minors.
  • Protect students’ health and wellness, including mental health considerations related to social media.
  • Provide districts with guidance, policy options, and potential technological tools to manage PED use during school hours.

Key provisions and changes

  • Definitions (Section 1): Expands meaning of personal electronic devices and clarifies school day and school-sponsored activities to include all in-school periods and activities.
  • Department guidance and model policy (Section 1): The Department of Elementary and Secondary Education (DESE) must issue guidance, recommendations, and a model policy to prohibit PED use during the school day. Includes:
    • Preventing use of school-issued devices for personal use.
    • Secure storage or inoperability options for PEDs.
    • Methods for contacting students and for emergency communication.
    • Enforcement provisions with safeguards against inequitable discipline; no expulsion or suspension for noncompliance solely due to PED policy.
    • Public input before finalizing guidance; annual updates.
    • Annual district policy filing with DESE and annual parent notification.
  • Policy requirements (Section 2): Adds statute requiring districts to have a PED-use policy (Section 102 of Chapter 71) detailing prohibitions, storage/inoperability methods, emergency contact allowances, and annual parent notification. Allows exceptions for specific circumstances (IEPs, 504 plans, health conditions, emergencies) with limits.
  • Social media instruction (Section 2 & 3): Requires districts to provide instruction on the social, emotional, and physical risks of social media use, aligned with DESE curricular frameworks. DESE to provide guidance, resources, and professional development to educators.
  • Online protection chapter (Section 3): Creates Chapter 93M (Online Protection) with:
    • Age-based restrictions: Prohibits minors under 14 from using social media platforms; requires termination and data deletion, and provides parental data access within 5 business days.
    • For ages 14-15: Requires verifiable parental consent for use; similar account termination options and data handling rights.
    • Age verification and appeals: Platforms must implement age assurance systems and allow appeals with a rapid review process.
    • Public disclosure: Platforms must publicly post activity metrics related to age verification and access decisions.
    • penalties: Unfair or deceptive acts under 93A; fines up to $5,000 per violation for under-14 or 14-15 access issues; up to $1,000,000 for violations of age-release data or related provisions.
    • Regulations: AG to promulgate implementing regulations.
  • Pilot program on device-rendering technology (Section 4): DESE to run a 1-year pilot in 10 districts using technology to render PEDs inoperable on school grounds. Procure and evaluate providers, ensure privacy protections, and require data handling safeguards.
  • Timelines (Sections 5-7):
    • By Sept 1, 2026: districts must file policies; model policy available if district policy not approved.
    • By Sept 1, 2028: DESE to report on policy implementation and social media education implementation.
  • Emergency preambles: The bill includes emergency clauses to accelerate effectiveness upon enactment.

Who/what would be affected

  • Public school districts, regional school districts, vocational schools, and Commonwealth charter schools in Massachusetts.
  • Students, with PED restrictions during the school day.
  • Parents/guardians, who gain communication and data access rights.
  • Social media platforms operating in Massachusetts, subject to age-based access limitations, age verification obligations, data handling, and penalties.
  • DESE, the Massachusetts Attorney General, and the Department of Public Health for guidance, policy development, oversight, and enforcement.

Procedural and timeline highlights

  • Pilot program: 1-year duration in 10 districts; procurement and evaluation process defined.
  • Policy filings: Due Sept 1, 2026; model policy if district policy not yet approved.
  • Reporting requirements: DESE to report on implementation by Sept 1, 2028; AG to issue implementing regulations by Sept 1, 2026.
  • Emergency effective provisions integrated with a purpose to promptly address student well-being.

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

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