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HB78 ENROLLED
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HB78
RBQ8DNM-3
By Representatives Ross, DuBose, Lamb, Mooney, Rehm, Kirkland,
Shaver, Fidler, Givens, Reynolds, Faulkner, Kiel, Sells,
Stadthagen, Baker, Collins, Hulsey, Holk-Jones, Colvin
RFD: Education Policy
First Read: 13-Jan-26
PFD: 02-Dec-25
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PFD: 02-Dec-25
Enrolled, An Act,
Relating to early childhood education; to add Article
4, commencing with Section 26-24-60, to Chapter 24, Title 26,
and Sections 16-40-15 and 38-7-7.1 to the Code of Alabama
1975; to require the Department of Early Childhood Education,
in collaboration with the State Department of Human Resources
(DHR) and the State Department of Education, to develop
standards and relevant annual training requirements for
appropriate screen time use in early childhood education
settings; to require each state agency to implement the
guidelines and training requirements for the early childhood
education programs under their jurisdiction; to condition
licensing of certain child-care facilities on compliance with
screen time guidelines; and to authorize the Department of
Early Childhood Education, DHR, and the State Board of
Education to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This act shall be known and may be cited
as the Healthy Early Development and Screen Time Act.
(b) The Legislature finds and declares all of the
following:
(1) Birth through five years of age is a child's most
critical period of rapid brain development, language
acquisition, and social-emotional growth.
(2) Published peer-reviewed research demonstrates that
excessive screen exposure in children under three years of age
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excessive screen exposure in children under three years of age
is associated with delayed communication skills, impaired
problem-solving, and reduced social interaction.
(3) National and international pediatric authorities
including, but not limited to, the American Academy of
Pediatrics, recommend little to no screen time for children
under two years of age and no more than one hour per day of
high-quality, adult-supervised screen use for children who are
two through five years of age.
(4) High-quality educational media used interactively
with adult participation may provide some benefit, but should
not displace physical activity, caregiver interaction, or
sleep time.
(5) It is the intent of this state to provide parents,
caregivers, and educators with research-based guidelines and
standards regarding screen time to safeguard children's
healthy development.
Section 2. A new Article 4, commencing with Section
26-24-60, is added to Chapter 24 of Title 26, Code of Alabama
1975, to read as follows:
Article 4
§26-24-60
For the purposes of this article, the following terms
have the following meanings:
(1) ADULT-SUPERVISED USE. Media engagement in which a
parent, guardian, or caregiver is actively present and guiding
and discussing the media content.
(2) DEPARTMENT. The Department of Early Childhood
Education.
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Education.
(3) EARLY CHILDHOOD EDUCATION PROGRAM. a. All of the
following:
1. A licensed child-care facility that serves children
five years of age and younger.
2. Prekindergarten programs operating under Article 2.
3. Public kindergarten programs.
b. In addition to regular school day programs, the term
includes any after-school, extended day, or summer program
provided by a facility or program described in paragraph a.
(4) HIGH-QUALITY PROGRAMMING. Screen-based media
programs and platforms used in early childhood education
programs.
(5) LICENSED CHILD-CARE FACILITY. All of the following:
a. A day care center as defined in Section 38-7-2.
b. A day care home as defined in Section 38-7-2.
c. A group day care home as defined in Section 38-7-2.
d. A night care facility as defined in Section 38-7-2.
(6) SCREEN-BASED MEDIA. Visual media devices including,
but not limited to, televisions, computers, smart phones, and
tablets.
(7) SCREEN TIME. Time spent using screen-based media.
The term does not include live, interactive video
communication, such as a video call with a child's family.
§26-24-61
(a) The department, in collaboration with the State
Department of Human Resources and the State Department of
Education, shall develop research-based guidelines on healthy
screen time practices for children from birth through five
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screen time practices for children from birth through five
years of age. The guidelines shall be based on current
evidence-based research and practices.
(b) The guidelines shall emphasize all of the
following:
(1) The importance of play, reading, physical activity,
and caregiver-child interaction.
(2) The risks of excessive screen time on children,
including developmental delays and behavioral impacts.
(3) Strategies for setting screen-time-free routines in
the home.
(c) The department shall publish the guidelines on the
department website at no cost to the public.
§26-24-62
(a) Screen-based media in early childhood education
programs:
(1) May not be unreasonably used as a substitute for
teacher-led instruction, reading, hands-on learning, or
outdoor play;
(2) Must meet the department's screen time standards as
provided in Section 26-24-63; and
(3) Must be actively supervised by staff.
(b) Background television and passive screen time is
prohibited in early childhood education programs.
(c) This article shall not apply to any of the
following:
(1) The screen time of any student acting pursuant to
the student's Individualized Education Program, Section 504
plan, or Individualized Health Plan.
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plan, or Individualized Health Plan.
(2) Screen time by any kindergarten student necessary
to complete required diagnostic tests and assessments.
(3) Screen time by any student enrolled in classes
offered as part of a virtual school or virtual program
approved by a local board of education.
(d) The department, the State Department of Human
Resources, and the State Board of Education may adopt rules to
implement and administer this article.
§26-24-63
The department, in collaboration with the State
Department of Human Resources and the State Department of
Education, shall develop screen time standards for early
childhood education programs which are based on current
evidence-based research and practices. The standards shall
include the following:
(1) Age-appropriate screen time limits, provided that
no screen time may be allowed for students under two years of
age.
(2) Guidelines for determining what constitutes
high-quality programming. In establishing the guidelines, all
of the following factors must be considered:
a. The target audience of the program and whether the
program is age-appropriate in an early childhood education
setting.
b. The pacing of the program, with a preference toward
slow-paced programming.
c. Whether the programming is free of violence.
d. Whether the programming is free of advertisement
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d. Whether the programming is free of advertisement
that the department determines is harmful to children.
(3) Best practices for screen time in early childhood
education programs.
§26-24-64
(a) The department, in collaboration with the State
Department of Human Resources and the State Department of
Education, shall develop training on screen time standards
provided in Section 26-24-63 and alternatives to screen time.
The training may be tailored to each type of early childhood
education program.
(b) Each early childhood education program teacher and
staff member who closely supervises children shall complete
the training annually.
§26-24-65
(a) Compliance with this article shall be monitored and
enforced by the following entities:
(1) For child-care facilities licensed by the State
Department of Human Resources, by the State Department of
Human Resources pursuant to Section 38-7-7.1.
(2) For prekindergarten programs operating under
Article 2, by the department pursuant to subsection (b).
(3) For public kindergarten, by the local school
principal pursuant to Section 16-40-15.
(b)(1) In addition to the standards established
pursuant to Article 2, each prekindergarten operating under
Article 2 shall implement and abide by a screen time policy
that meets the requirements of this article and reflects the
screen time standards established pursuant to Section
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screen time standards established pursuant to Section
26-24-63.
(2) The secretary of the department shall monitor
prekindergarten compliance with this article as he or she
deems necessary, provided that the secretary must:
a. Include a screen time policy in the Office of School
Readiness Program Guidelines;
b. Require prekindergarten teachers to annually
complete the training required by Section 26-24-64; and
c. In the event that a prekindergarten is not in
compliance with this section, prioritize additional training
with relevant staff members. If noncompliance continues, the
department may establish or enforce a corrective action plan.
Section 3. Section 16-40-15 is added to the Code of
Alabama 1975, to read as follows:
§16-40-15
No later than the 2027-2028 school year, each local
board of education shall adopt a screen time policy that
provides guidance on the appropriate use of screen-based media
in kindergarten classrooms. The policy shall:
(1) Meet the requirements of Article 4, Chapter 24 of
Title 26, with respect to kindergarten classrooms;
(2) Require kindergarten teachers to annually complete
the screen time training created pursuant to Section 26-24-63;
and
(3) If a kindergarten teacher is not in compliance with
this section, require the local school principal to first
provide additional training for the noncompliant teacher.
Continued noncompliance shall be considered a violation of the
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Continued noncompliance shall be considered a violation of the
Alabama Educator Code of Ethics, and the principal may proceed
with disciplinary action as adopted by the State Department of
Education, including corrective action, with approval from the
local superintendent of education.
Section 4. Section 38-7-7.1 is added to the Code of
Alabama 1975, to read as follows:
§38-7-7.1
(a) In addition to the standards for licensing
established pursuant to Section 38-7-7, each day care center,
day care home, group day care home, and night care facility
shall implement and abide by a screen time policy that meets
the requirements of Article 4, Chapter 24 of Title 26, as a
condition for licensing under this chapter.
(b) The department shall incorporate a screen time
policy that meets the requirements of Article 4, Chapter 24 of
Title 26, in the department's minimum standards for licensing
and approving day care centers, day care homes, group day care
homes, and night care facilities, as defined by this chapter,
and monitor compliance with this section as the department
deems necessary, provided that the department must:
(1) Review compliance during any inspection under
Section 38-7-11;
(2) Require staff who supervise children to undergo
training established pursuant to Section 26-24-64; and
(3) If a child-care facility listed in subsection (b)
is not in compliance with this section, prioritize additional
training through the Department of Early Childhood Education
with the noncompliant staff members. If noncompliance
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with the noncompliant staff members. If noncompliance
continues, the department may adopt or enforce a corrective
action plan.
Section 5. This act shall become effective on January
1, 2027.
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1, 2027.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 27-Jan-26.
John Treadwell
Clerk
Senate 26-Feb-26 Passed
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