Public schools; require school boards to adopt policy on bell-to-bell cell phone prohibition.

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To: Education;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 317

AN ACT TO REQUIRE LOCAL SCHOOL BOARDS TO DEVELOP AND PUBLIC 1
SCHOOLS LOCATED WITHIN THE SCHOOL DISTRICT TO IMPLEMENT 2
AGE-APPROPRIATE AND DEVELOPMENTALLY-APPROPRIATE POLICIES RELATING 3
TO STUDENT CELL PHONE POSSESSION AND USE ON SCHOOL PROPERTY DURING 4
THE ACADEMIC SCHOOL DAY FROM BELL-TO-BELL; TO SPECIFY THE MINIMUM 5
PROVISIONS TO BE CONTAINED IN EACH SCHOOL CELL PHONE-FREE 6
EDUCATION POLICY APPLICABLE TO ELEMENTARY, MIDDLE AND HIGH SCHOOL 7
STUDENTS; TO PRESCRIBE EXCEPTIONS TO POSSESSION; TO PROHIBIT 8
STUDENTS FROM BEING SUSPENDED OR EXPELLED AS A CONSEQUENCE OF ANY 9
VIOLATION OF SUCH POLICIES; TO REQUIRE SCHOOL DISTRICTS TO 10
ESTABLISH PROCEDURES FOR OFF-SITE EVENTS; TO REQUIRE SCHOOL BOARDS 11
TO MAKE ITS POLICY PUBLICLY AVAILABLE AND POSTED PROMINENTLY ON 12
THE SCHOOL DISTRICT'S WEBSITE; TO REQUIRE SCHOOL BOARDS, WHEN 13
DESIGNING ITS CELL PHONE-FREE EDUCATION POLICY, TO INCORPORATE 14
SCHOOL-BASED EMERGENCY BEST PRACTICES IN ITS COMPREHENSIVE SCHOOL 15
SAFETY PLAN; TO PROVIDE FOR THE CONSTRUCTION OF THIS ACT; TO AMEND 16
SECTIONS 37-11-55 AND 37-11-57, MISSISSIPPI CODE OF 1972, IN 17
CONFORMITY TO THE PRECEDING PROVISIONS REGARDING THE PROHIBITION 18
ON SUSPENDING OR EXPELLING STUDENTS FOR BEING IN VIOLATION OF THE 19
CELL PHONE POSSESSION POLICY; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. As used in this act, the following terms shall 22
have the meaning ascribed herein, unless context of use clearly 23
indicates otherwise: 24
(a) "Bell-to-Bell" means from when the first bell rings 25
at the start of the school day to begin instructional time until 26
the dismissal bell rings at the end of the academic school day. 27
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"Bell-to-bell" includes lunch and time in between class periods. 28
(b) "Cell phone-free education" means the 29
age-appropriate elimination or restriction of cell phones and 30
other personal electronic communication devices in public schools. 31
(c) "Cell phone" means a personal device capable of 32
making calls, transmitting pictures or video, or sending or 33
receiving messages through electronic means. The definition of 34
cell phone is inclusive of a nonsmart phone that is limited to 35
making phone calls or text messages, a smart phone that 36
encompasses the above features, and other future personal 37
electronic communication devices with the abovementioned 38
characteristics. 39
(d) "Instructional time" means any structured or 40
unstructured learning experiences that occur from when the first 41
bell rings at the start of the school day until the dismissal bell 42
rings at the end of the academic school day. 43
(e) "Personal Electronic Communication Device" means 44
any personal device capable of connecting to a smart phone, the 45
Internet, a cellular or Wi-Fi network, or directly connects to 46
another similar device. Personal electronic communication devices 47
may include some wearable devices such as smart watches, as well 48
as personal headphones, laptops, tablets and other future personal 49
electronic communication devices with the abovementioned 50
characteristics. 51
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(f) "Stored" means a cell phone or personal electronic 52
communication device not being carried on the student's person, 53
including not in the student's pocket. Options school districts 54
could choose to define as storage options include, but are not 55
limited to, in the student's backpack, in the student's locker, in 56
a locked pouch or in a designated place within the classroom. 57
SECTION 2. (1) The local school board of each public school 58
district shall develop, and each public elementary and secondary 59
school shall implement age-appropriate and 60
developmentally-appropriate policies relating to student cell 61
phone possession and use on school property during the academic 62
school day from bell-to-bell. The policies shall: 63
(a) Except as provided in paragraph (d), restrict, to 64
the fullest extent possible, student cell phone possession and use 65
in the classroom during instructional hours of the academic school 66
day; 67
(b) To the extent that student cell phone possession 68
and use is otherwise permitted on school property outside of the 69
classroom during regular school hours, regulate such possession 70
and use with the objective of reducing any distractions in or 71
disruptions to the learning environment, including bullying and 72
harassment; 73
(c) Ensure that implementation and enforcement of such 74
policies: 75
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(i) Is the responsibility of the school building 76
administration; 77
(ii) Minimizes, to the extent possible, any 78
conflict with the instructional responsibilities of teachers or 79
any disturbance to instructional time; and 80
(iii) Does not involve any school resource officer 81
who may be employed in any school in the school district; 82
(d) Permit any student, pursuant to an Individualized 83
Education Plan (IEP) under Chapter 23, Title 37, Mississippi Code 84
of 1972, or a plan developed under Section 504 of the 85
"Rehabilitation Act of 1973," 29 USCS Section 794, as developed by 86
the district IEP Committee or certified statement from a licensed 87
physician, or if otherwise determined appropriate by the school 88
board, to possess and use a cell phone on school property, 89
including in the classroom, during regular school hours to monitor 90
or address a health concern or as an accommodation or assistive 91
technology support; 92
(e) Expressly prohibit any student from being 93
suspended, expelled or removed from class as a consequence of any 94
violation of such policies; 95
(f) Expressly prohibit access to websites, web 96
applications or software that allow students to access social 97
media platforms through the use of Internet provided by school 98
district, except when expressly directed by the teacher solely for 99
educational purposes; and 100
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(g) Prohibit the removal of recess as a form of 101
punishment for students found to be in possession of a cell phone 102
in violation of this act. 103
(2) (a) In elementary schools for students in kindergarten 104
through Grade 5, cellphone-free education policies shall, at a 105
minimum, provide: 106
(i) Cell phones and personal electronic 107
communication devices will not be used by elementary students 108
within the school building or on school grounds; 109
(ii) If a parent decides that an elementary 110
student should bring a cell phone or personal electronic 111
communication device to school, the device must be turned off and 112
stored away from the student during the school day; 113
(iii) School districts must make policies that 114
determine cell phone and personal electronic communication device 115
use on school buses where elementary students are present; 116
(iv) Students must use school-based communication 117
tools and platforms, whether in the office, classroom or other 118
centralized location, to communicate nonemergency needs with 119
parents; and 120
(v) Parents and educators should use school-based 121
communication tools and channels to communicate emergencies and 122
nonemergencies during bell-to-bell instructional time. It is 123
encouraged to have a school official available to support the 124
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student in the event of communication involving a family 125
emergency; 126
(b) In middle schools for students in Grades 6 through 127
8, cellphone-free education policies shall, at a minimum, provide: 128
(i) Students shall not have a cell phone or 129
personal electronic communication device during the bell-to-bell 130
school day; 131
(ii) If cell phones or personal electronic 132
communication devices are brought to school, they must be stored 133
and turned off during bell-to-bell school day; 134
(iii) Specifically for time periods outside of the 135
bell-to-bell school day, school districts must adopt policies that 136
determine appropriate cell phone and personal electronic 137
communication device use by students, including before and after 138
school, on school buses, within the school building and on school 139
grounds; 140
(iv) Students must use school-based communication 141
tools and platforms, whether in the office, classroom, or other 142
centralized location, to communicate nonemergency needs with 143
parents; 144
(v) Parents should use school-based communication 145
tools and channels to communicate emergencies and nonemergencies. 146
It is encouraged to have a school official available to support 147
the student in the event of communication involving a family 148
emergency; 149
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(vi) Educators and all co-curricular and 150
extracurricular sponsors must use nonsocial media-based 151
applications for communications with students regarding activity 152
and athletic scheduling information during school hours; and 153
(vii) Schools should provide students with 154
developmentally appropriate guidance and support on the 155
appropriate use of school-issued technology devices, educational 156
applications, and educational tools for academic, both classroom 157
and homework assignments, and for educational research purposes; 158
and 159
(c) In high schools for students in Grades 9 through 160
12, cellphone-free education policies shall, at a minimum, 161
provide: 162
(i) Students shall not have a cell phone or 163
personal electronic communication device during the bell-to-bell 164
school day; 165
(ii) If cell phones or personal electronic 166
communication devices are brought to school, they must also be 167
stored and off during the bell-to-bell school day; 168
(iii) Outside of the bell-to-bell instructional 169
time, cell phones and personal electronic communication devices 170
may be used on a high school campus before or after school; 171
(iv) During bell-to-bell instructional time, 172
students must use school-based communication tools and platforms, 173
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whether in the office, classroom or other centralized location, to 174
communicate nonemergency needs with parents; 175
(v) Parents should use school-based communication 176
tools and channels to communicate emergencies during bell-to-bell 177
instructional time; 178
(vi) Educators and all co-curricular and 179
extracurricular sponsors must use nonsocial media-based 180
applications to communicate activity and athletic scheduling 181
information with students during school hours; and 182
(vii) Schools should provide high school students 183
developmentally appropriate guidance and support on the 184
appropriate use of school-issued technology devices, educational 185
apps and educational tools for academic, both classroom and 186
homework assignments, and for educational research purposes. 187
(3) (a) If a school district has school facilities that 188
house students in multiple grades other than those specific to 189
elementary only, middle school only or high school only, the 190
appropriate definition of cell phone-free education shall be 191
applicable to the respective grades housed therein. 192
(b) If a school student travels to a different campus 193
or facility during the school day, they must adhere to that 194
building's policy and procedures for cell phones and personal 195
electronic communication devices. 196
(4) Each school district shall establish procedures for 197
off-site events, including: 198
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(a) All school-sponsored events and field trips; 199
(b) Transportation, including daily bus transport; 200
(c) Athletic participants; 201
(d) Multiple instructional settings; and 202
(e) Other nonbuilding specific instructional 203
opportunities that do not occur on the school campus. 204
(5) Each school board shall make any policy it adopts under 205
this act publicly available and post it prominently on the school 206
district's website, if it has one. 207
SECTION 3. No violation of any student cell phone possession 208
and use policy developed or implemented in accordance with Section 209
2 of this act shall alone constitute sufficient cause for a 210
student's suspension or expulsion from school pursuant to Section 211
37-11-55 or disruptive behavior authorizing a teacher to remove a 212
student from class pursuant to Section 37-11-57. Any violation of 213
any cell phone possession and use policy that involves, coincides 214
with, or results in an instance of disruptive behavior shall be 215
addressed in accordance with the regulations on codes of student 216
conduct adopted by each school board pursuant to Section 37-11-55. 217
SECTION 4. (1) When designing its cell phone-free education 218
policy, a school district shall incorporate school-based emergency 219
best practices in its comprehensive school safety plan, required 220
under Section 37-3-83, which includes staff training, student 221
drills and parent re-unification and communication plans, as well 222
as also ensuring that parents of students who are directly 223
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impacted or critically injured are contacted directly versus 224
through a mass communication or recording. School districts must 225
publicly share: 226
(a) How school-based personnel are trained to manage 227
crisis and emergency situations; 228
(b) Re-unification plans; and 229
(c) Family notification processes during crisis 230
situations. 231
(2) Public schools should notify parents at the start of the 232
school year about any updates to the annual comprehensive school 233
safety plan and clearly outline the communications plan for parent 234
notification should a school-based emergency or crisis occur, 235
including any relevant or timely follow-up information regarding a 236
school-based emergency event. School districts must be clear in 237
protocols whether or not students can access their stored cell 238
phone or personal electronic communication device during a 239
school-based emergency, and clearly communicate this policy to 240
parents and students. 241
SECTION 5. The provisions of Section 2 of this act shall not 242
be construed to require the school board of a local school 243
district to adopt a policy that prohibits all cell phone use by 244
students. Nonetheless, any school board that adopts a policy 245
prohibiting all cellular telephone use by students shall be 246
considered to have met the requirements in Section 2 of this act. 247
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SECTION 6. Section 37-11-55, Mississippi Code of 1972, is 248
amended as follows: 249
37-11-55. (1) The local school board shall adopt and make 250
available to all teachers, school personnel, students and parents 251
or guardians, at the beginning of each school year, a code of 252
student conduct developed in consultation with teachers, school 253
personnel, students and parents or guardians. The code shall be 254
based on the rules governing student conduct and discipline 255
adopted by the school board and shall be made available at the 256
school level in the student handbook or similar publication. The 257
code shall include, but not be limited to: 258
(a) Specific grounds for disciplinary action under the 259
school district's discipline plan; 260
(b) Procedures to be followed for acts requiring 261
discipline, including suspensions and expulsion, which comply with 262
due process requirements; 263
(c) An explanation of the responsibilities and rights 264
of students with regard to: attendance; respect for persons and 265
property; knowledge and observation of rules of conduct; free 266
speech and student publications; assembly; privacy; and 267
participation in school programs and activities; 268
(d) Policies and procedures recognizing the teacher as 269
the authority in classroom matters, and supporting that teacher in 270
any decision in compliance with the written discipline code of 271
conduct. Such recognition shall include the right of the teacher 272
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to remove from the classroom any student who, in the professional 273
judgment of the teacher, is disrupting the learning environment, 274
to the office of the principal or assistant principal. The 275
principal or assistant principal shall determine the proper 276
placement for the student, who may not be returned to the 277
classroom until a conference of some kind has been held with the 278
parent, guardian or custodian during which the disrupting behavior 279
is discussed and agreements are reached that no further disruption 280
will be tolerated. If the principal does not approve of the 281
determination of the teacher to remove the student from the 282
classroom, the student may not be removed from the classroom, and 283
the principal, upon request from the teacher, must provide 284
justification for his disapproval; 285
(e) Policies and procedures for dealing with a student 286
who causes a disruption in the classroom, on school property or 287
vehicles, or at school-related activities; 288
(f) Procedures for the development of behavior 289
modification plans by the school principal, reporting teacher and 290
student's parent for a student who causes a disruption in the 291
classroom, on school property or vehicles, or at school-related 292
activities for a second time during the school year; and 293
(g) Policies and procedures specifically concerning 294
gang-related activities in the school, on school property or 295
vehicles, or at school-related activities. 296
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(2) Students may be suspended or expelled from attendance at 297
school for sufficient cause. However, in no case may sufficient 298
cause for suspension or expulsion include only a violation by any 299
student of the cell phone possession and use policy developed and 300
implemented pursuant to Section 2 of this act. 301
SECTION 7. Section 37-11-57, Mississippi Code of 1972, is 302
amended as follows: 303
37-11-57. (1) Except in the case of excessive force or 304
cruel and unusual punishment, a public school teacher, assistant 305
teacher, principal, or an assistant principal acting within the 306
course and scope of his employment shall not be liable for any 307
action carried out in conformity with state or federal law or 308
rules or regulations of the State Board of Education or the local 309
school board or governing board of a charter school regarding the 310
control, discipline, suspension and expulsion of students; 311
however, in no case may sufficient cause for suspension or 312
expulsion only include a violation by any student of the cell 313
phone possession and use policy developed and implemented pursuant 314
to Section 2 of this act. The local school board shall provide 315
any necessary legal defense to a teacher, assistant teacher, 316
principal, or assistant principal in the school district who was 317
acting within the course and scope of his employment in any action 318
which may be filed against such school personnel. A school 319
district or charter school, as the case may be, shall be entitled 320
to reimbursement for legal fees and expenses from its employee if 321
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a court finds that the act of the employee was outside the course 322
and scope of his employment, or that the employee was acting with 323
criminal intent. Any action by a school district or charter 324
school against its employee and any action by the employee against 325
the school district or charter school for necessary legal fees and 326
expenses shall be tried to the court in the same suit brought 327
against the school employee. 328
(2) Corporal punishment administered in a reasonable manner, 329
or any reasonable action to maintain control and discipline of 330
students taken by a public school teacher, assistant teacher, 331
principal or assistant principal acting within the scope of his 332
employment or function and in accordance with any state or federal 333
laws or rules or regulations of the State Board of Education or 334
the local school board or governing board of a charter school does 335
not constitute negligence or child abuse. No public school 336
teacher, assistant teacher, principal or assistant principal so 337
acting shall be held liable in a suit for civil damages alleged to 338
have been suffered by a student as a result of the administration 339
of corporal punishment, or the taking of action to maintain 340
control and discipline of a student, unless the court determines 341
that the teacher, assistant teacher, principal or assistant 342
principal acted in bad faith or with malicious purpose or in a 343
manner exhibiting a wanton and willful disregard of human rights 344
or safety. For the purposes of this subsection, "corporal 345
punishment" means the reasonable use of physical force or physical 346
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ST: Public schools; require school boards to
adopt policy on bell-to-bell cell phone
prohibition.
contact by a teacher, assistant teacher, principal or assistant 347
principal, as may be necessary to maintain discipline, to enforce 348
a school rule, for self-protection or for the protection of other 349
students from disruptive students. 350
(3) Notwithstanding subsection (2) of this section a public 351
school teacher, assistant teacher, principal, assistant principal 352
or other school personnel is prohibited from using corporal 353
punishment, as defined in subsection (2) of this section, on any 354
student with a disability. No school personnel shall be granted 355
immunity from liability under subsection (2) of this section for 356
the use of corporal punishment on a student with a disability. 357
For purposes of this subsection, the term "student with a 358
disability" means a student who has an individualized education 359
plan (IEP) under the Individuals with Disabilities Education Act 360
(IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. 361
The term "school personnel" includes all individuals employed on a 362
full-time or part-time basis by a public school. 363
SECTION 8. This act shall take effect and be in force from 364
and after July 1, 2026. 365