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To: Education;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Scott
HOUSE BILL NO. 46
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, or if otherwise 86
determined appropriate by the school board, to possess and use a 87
cell phone on school property, including in the classroom, during 88
regular school hours to monitor or address a health concern or as 89
an accommodation or assistive technology support; and 90
(e) Expressly prohibit any student from being 91
suspended, expelled or removed from class as a consequence of any 92
violation of such policies. 93
(2) (a) In elementary schools for students in kindergarten 94
through Grade 5, cellphone-free education policies shall, at a 95
minimum, provide: 96
(i) Cell phones and personal electronic 97
communication devices will not be used by elementary students 98
within the school building or on school grounds; 99
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(ii) If a parent decides that an elementary 100
student should bring a cell phone or personal electronic 101
communication device to school, the device must be turned off and 102
stored away from the student during the school day; 103
(iii) School districts must make policies that 104
determine cell phone and personal electronic communication device 105
use on school buses where elementary students are present; 106
(iv) Students must use school-based communication 107
tools and platforms, whether in the office, classroom or other 108
centralized location, to communicate nonemergency needs with 109
parents; and 110
(v) Parents and educators should use school-based 111
communication tools and channels to communicate emergencies and 112
nonemergencies during bell-to-bell instructional time. It is 113
encouraged to have a school official available to support the 114
student in the event of communication involving a family 115
emergency; 116
(b) In middle schools for students in Grades 6 through 117
8, cellphone-free education policies shall, at a minimum, provide: 118
(i) Students shall not have a cell phone or 119
personal electronic communication device during the bell-to-bell 120
school day; 121
(ii) If cell phones or personal electronic 122
communication devices are brought to school, they must be stored 123
and turned off during bell-to-bell school day; 124
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(iii) Specifically for time periods outside of the 125
bell-to-bell school day, school districts must adopt policies that 126
determine appropriate cell phone and personal electronic 127
communication device use by students, including before and after 128
school, on school buses, within the school building and on school 129
grounds; 130
(iv) Students must use school-based communication 131
tools and platforms, whether in the office, classroom, or other 132
centralized location, to communicate nonemergency needs with 133
parents; 134
(v) Parents should use school-based communication 135
tools and channels to communicate emergencies and nonemergencies. 136
It is encouraged to have a school official available to support 137
the student in the event of communication involving a family 138
emergency; 139
(vi) Educators and all co-curricular and 140
extracurricular sponsors must use nonsocial media-based 141
applications for communications with students regarding activity 142
and athletic scheduling information during school hours; and 143
(vii) Schools should provide students with 144
developmentally appropriate guidance and support on the 145
appropriate use of school-issued technology devices, educational 146
applications, and educational tools for academic, both classroom 147
and homework assignments, and for educational research purposes; 148
and 149
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(c) In high schools for students in Grades 9 through 150
12, cellphone-free education policies shall, at a minimum, 151
provide: 152
(i) Students shall not have a cell phone or 153
personal electronic communication device during the bell-to-bell 154
school day; 155
(ii) If cell phones or personal electronic 156
communication devices are brought to school, they must also be 157
stored and off during the bell-to-bell school day; 158
(iii) Outside of the bell-to-bell instructional 159
time, cell phones and personal electronic communication devices 160
may be used on a high school campus before or after school; 161
(iv) During bell-to-bell instructional time, 162
students must use school-based communication tools and platforms, 163
whether in the office, classroom or other centralized location, to 164
communicate nonemergency needs with parents; 165
(v) Parents should use school-based communication 166
tools and channels to communicate emergencies during bell-to-bell 167
instructional time; 168
(vi) Educators and all co-curricular and 169
extracurricular sponsors must use nonsocial media-based 170
applications to communicate activity and athletic scheduling 171
information with students during school hours; and 172
(vii) Schools should provide high school students 173
developmentally appropriate guidance and support on the 174
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appropriate use of school-issued technology devices, educational 175
apps and educational tools for academic, both classroom and 176
homework assignments, and for educational research purposes. 177
(3) (a) If a school district has school facilities that 178
house students in multiple grades other than those specific to 179
elementary only, middle school only or high school only, the 180
appropriate definition of cell phone-free education shall be 181
applicable to the respective grades housed therein. 182
(b) If a school student travels to a different campus 183
or facility during the school day, they must adhere to that 184
building's policy and procedures for cell phones and personal 185
electronic communication devices. 186
(4) Each school district shall establish procedures for 187
off-site events, including: 188
(a) All school-sponsored events and field trips; 189
(b) Transportation, including daily bus transport; 190
(c) Athletic participants; 191
(d) Multiple instructional settings; and 192
(e) Other nonbuilding specific instructional 193
opportunities that do not occur on the school campus. 194
(5) Each school board shall make any policy it adopts under 195
this act publicly available and post it prominently on the school 196
district's website, if it has one. 197
SECTION 3. No violation of any student cell phone possession 198
and use policy developed or implemented in accordance with Section 199
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2 of this act shall alone constitute sufficient cause for a 200
student's suspension or expulsion from school pursuant to Section 201
37-11-55 or disruptive behavior authorizing a teacher to remove a 202
student from class pursuant to Section 37-11-57. Any violation of 203
any cell phone possession and use policy that involves, coincides 204
with, or results in an instance of disruptive behavior shall be 205
addressed in accordance with the regulations on codes of student 206
conduct adopted by each school board pursuant to Section 37-11-55. 207
SECTION 4. (1) (a) When designing its cell phone-free 208
education policy, a school district shall incorporate school-based 209
emergency best practices in its comprehensive school safety plan, 210
required under Section 37-3-83, which includes staff training, 211
student drills and parent re-unification and communication plans, 212
as well as also ensuring that parents of students who are directly 213
impacted or critically injured are contacted directly versus 214
through a mass communication or recording. School districts must 215
publicly share: 216
(i) How school-based personnel are trained to 217
manage crisis and emergency situations; 218
(ii) Re-unification plans; and 219
(iii) Family notification processes during crisis 220
situations. 221
(b) Public schools should notify parents at the start 222
of the school year about any updates to the annual comprehensive 223
school safety plan and clearly outline the communications plan for 224
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parent notification should a school-based emergency or crisis 225
occur, including any relevant or timely follow-up information 226
regarding a school-based emergency event. School districts must 227
be clear in protocols whether or not students can access their 228
stored cell phone or personal electronic communication device 229
during a school-based emergency, and clearly communicate this 230
policy to parents and students. 231
SECTION 5. The provisions of Section 2 of this act shall not 232
be construed to require the school board of a local school 233
district to adopt a policy that prohibits all cell phone use by 234
students. Nonetheless, any school board that adopts a policy 235
prohibiting all cellular telephone use by students shall be 236
considered to have met the requirements in Section 2 of this act. 237
SECTION 6. Section 37-11-55, Mississippi Code of 1972, is 238
amended as follows: 239
37-11-55. (1) The local school board shall adopt and make 240
available to all teachers, school personnel, students and parents 241
or guardians, at the beginning of each school year, a code of 242
student conduct developed in consultation with teachers, school 243
personnel, students and parents or guardians. The code shall be 244
based on the rules governing student conduct and discipline 245
adopted by the school board and shall be made available at the 246
school level in the student handbook or similar publication. The 247
code shall include, but not be limited to: 248
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(a) Specific grounds for disciplinary action under the 249
school district's discipline plan; 250
(b) Procedures to be followed for acts requiring 251
discipline, including suspensions and expulsion, which comply with 252
due process requirements; 253
(c) An explanation of the responsibilities and rights 254
of students with regard to: attendance; respect for persons and 255
property; knowledge and observation of rules of conduct; free 256
speech and student publications; assembly; privacy; and 257
participation in school programs and activities; 258
(d) Policies and procedures recognizing the teacher as 259
the authority in classroom matters, and supporting that teacher in 260
any decision in compliance with the written discipline code of 261
conduct. Such recognition shall include the right of the teacher 262
to remove from the classroom any student who, in the professional 263
judgment of the teacher, is disrupting the learning environment, 264
to the office of the principal or assistant principal. The 265
principal or assistant principal shall determine the proper 266
placement for the student, who may not be returned to the 267
classroom until a conference of some kind has been held with the 268
parent, guardian or custodian during which the disrupting behavior 269
is discussed and agreements are reached that no further disruption 270
will be tolerated. If the principal does not approve of the 271
determination of the teacher to remove the student from the 272
classroom, the student may not be removed from the classroom, and 273
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the principal, upon request from the teacher, must provide 274
justification for his disapproval; 275
(e) Policies and procedures for dealing with a student 276
who causes a disruption in the classroom, on school property or 277
vehicles, or at school-related activities; 278
(f) Procedures for the development of behavior 279
modification plans by the school principal, reporting teacher and 280
student's parent for a student who causes a disruption in the 281
classroom, on school property or vehicles, or at school-related 282
activities for a second time during the school year; and 283
(g) Policies and procedures specifically concerning 284
gang-related activities in the school, on school property or 285
vehicles, or at school-related activities. 286
(2) Students may be suspended or expelled from attendance at 287
school for sufficient cause. However, in no case may sufficient 288
cause for suspension or expulsion include only a violation by any 289
student of the cell phone possession and use policy developed and 290
implemented pursuant to Section 2 of this act. 291
SECTION 7. Section 37-11-57, Mississippi Code of 1972, is 292
amended as follows: 293
37-11-57. (1) Except in the case of excessive force or 294
cruel and unusual punishment, a public school teacher, assistant 295
teacher, principal, or an assistant principal acting within the 296
course and scope of his employment shall not be liable for any 297
action carried out in conformity with state or federal law or 298
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rules or regulations of the State Board of Education or the local 299
school board or governing board of a charter school regarding the 300
control, discipline, suspension and expulsion of students; 301
however, in no case may sufficient cause for suspension or 302
expulsion include only a violation by any student of the cell 303
phone possession and use policy developed and implemented pursuant 304
to Section 2 of this act. The local school board shall provide 305
any necessary legal defense to a teacher, assistant teacher, 306
principal, or assistant principal in the school district who was 307
acting within the course and scope of his employment in any action 308
which may be filed against such school personnel. A school 309
district or charter school, as the case may be, shall be entitled 310
to reimbursement for legal fees and expenses from its employee if 311
a court finds that the act of the employee was outside the course 312
and scope of his employment, or that the employee was acting with 313
criminal intent. Any action by a school district or charter 314
school against its employee and any action by the employee against 315
the school district or charter school for necessary legal fees and 316
expenses shall be tried to the court in the same suit brought 317
against the school employee. 318
(2) Corporal punishment administered in a reasonable manner, 319
or any reasonable action to maintain control and discipline of 320
students taken by a public school teacher, assistant teacher, 321
principal or assistant principal acting within the scope of his 322
employment or function and in accordance with any state or federal 323
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laws or rules or regulations of the State Board of Education or 324
the local school board or governing board of a charter school does 325
not constitute negligence or child abuse. No public school 326
teacher, assistant teacher, principal or assistant principal so 327
acting shall be held liable in a suit for civil damages alleged to 328
have been suffered by a student as a result of the administration 329
of corporal punishment, or the taking of action to maintain 330
control and discipline of a student, unless the court determines 331
that the teacher, assistant teacher, principal or assistant 332
principal acted in bad faith or with malicious purpose or in a 333
manner exhibiting a wanton and willful disregard of human rights 334
or safety. For the purposes of this subsection, "corporal 335
punishment" means the reasonable use of physical force or physical 336
contact by a teacher, assistant teacher, principal or assistant 337
principal, as may be necessary to maintain discipline, to enforce 338
a school rule, for self-protection or for the protection of other 339
students from disruptive students. 340
(3) Notwithstanding subsection (2) of this section a public 341
school teacher, assistant teacher, principal, assistant principal 342
or other school personnel is prohibited from using corporal 343
punishment, as defined in subsection (2) of this section, on any 344
student with a disability. No school personnel shall be granted 345
immunity from liability under subsection (2) of this section for 346
the use of corporal punishment on a student with a disability. 347
For purposes of this subsection, the term "student with a 348
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ST: Public schools; require school boards to
adopt policy on bell-to-bell cell phone
prohibition.
disability" means a student who has an individualized education 349
plan (IEP) under the Individuals with Disabilities Education Act 350
(IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. 351
The term "school personnel" includes all individuals employed on a 352
full-time or part-time basis by a public school. 353
SECTION 8. This act shall take effect and be in force from 354
and after July 1, 2026. 355