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 Faulkner

HOUSE BILL NO. 702

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, cell phone-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, cell phone-free education policies shall, at a minimum, 118
provide: 119
(i) Students shall not have a cell phone or 120
personal electronic communication device during the bell-to-bell 121
school day; 122
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(ii) If cell phones or personal electronic 123
communication devices are brought to school, they must be stored 124
and turned off during bell-to-bell school day; 125
(iii) Specifically for time periods outside of the 126
bell-to-bell school day, school districts must adopt policies that 127
determine appropriate cell phone and personal electronic 128
communication device use by students, including before and after 129
school, on school buses, within the school building and on school 130
grounds; 131
(iv) Students must use school-based communication 132
tools and platforms, whether in the office, classroom, or other 133
centralized location, to communicate nonemergency needs with 134
parents; 135
(v) Parents should use school-based communication 136
tools and channels to communicate emergencies and nonemergencies. 137
It is encouraged to have a school official available to support 138
the student in the event of communication involving a family 139
emergency; 140
(vi) Educators and all co-curricular and 141
extracurricular sponsors must use nonsocial media-based 142
applications for communications with students regarding activity 143
and athletic scheduling information during school hours; and 144
(vii) Schools should provide students with 145
developmentally appropriate guidance and support on the 146
appropriate use of school-issued technology devices, educational 147
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applications, and educational tools for academic, both classroom 148
and homework assignments, and for educational research purposes; 149
and 150
(c) In high schools for students in Grades 9 through 151
12, cell phone-free education policies shall, at a minimum, 152
provide: 153
(i) Students shall not have a cell phone or 154
personal electronic communication device during the bell-to-bell 155
school day; 156
(ii) If cell phones or personal electronic 157
communication devices are brought to school, they must also be 158
stored and off during the bell-to-bell school day; 159
(iii) Outside of the bell-to-bell instructional 160
time, cell phones and personal electronic communication devices 161
may be used on a high school campus before or after school; 162
(iv) During bell-to-bell instructional time, 163
students must use school-based communication tools and platforms, 164
whether in the office, classroom or other centralized location, to 165
communicate nonemergency needs with parents; 166
(v) Parents should use school-based communication 167
tools and channels to communicate emergencies during bell-to-bell 168
instructional time; 169
(vi) Educators and all co-curricular and 170
extracurricular sponsors must use nonsocial media-based 171
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applications to communicate activity and athletic scheduling 172
information with students during school hours; and 173
(vii) Schools should provide high school students 174
developmentally appropriate guidance and support on the 175
appropriate use of school-issued technology devices, educational 176
apps and educational tools for academic, both classroom and 177
homework assignments, and for educational research purposes. 178
(3) (a) If a school district has school facilities that 179
house students in multiple grades other than those specific to 180
elementary only, middle school only or high school only, the 181
appropriate definition of cell phone-free education shall be 182
applicable to the respective grades housed therein. 183
(b) If a school student travels to a different campus 184
or facility during the school day, they must adhere to that 185
building's policy and procedures for cell phones and personal 186
electronic communication devices. 187
(4) Each school district shall establish procedures for 188
off-site events, including: 189
(a) All school-sponsored events and field trips; 190
(b) Transportation, including daily bus transport; 191
(c) Athletic participants; 192
(d) Multiple instructional settings; and 193
(e) Other nonbuilding specific instructional 194
opportunities that do not occur on the school campus. 195
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(5) Each school board shall make any policy it adopts under 196
this act publicly available and post it prominently on the school 197
district's website, if it has one. 198
SECTION 3. No violation of any student cell phone possession 199
and use policy developed or implemented in accordance with Section 200
2 of this act shall alone constitute sufficient cause for a 201
student's suspension or expulsion from school pursuant to Section 202
37-11-55 or disruptive behavior authorizing a teacher to remove a 203
student from class pursuant to Section 37-11-57. Any violation of 204
any cell phone possession and use policy that involves, coincides 205
with, or results in an instance of disruptive behavior shall be 206
addressed in accordance with the regulations on codes of student 207
conduct adopted by each school board pursuant to Section 37-11-55. 208
SECTION 4. (1) (a) When designing its cell phone-free 209
education policy, a school district shall incorporate school-based 210
emergency best practices in its comprehensive school safety plan, 211
required under Section 37-3-83, which includes staff training, 212
student drills and parent re-unification and communication plans, 213
as well as also ensuring that parents of students who are directly 214
impacted or critically injured are contacted directly versus 215
through a mass communication or recording. School districts must 216
publicly share: 217
(i) How school-based personnel are trained to 218
manage crisis and emergency situations; 219
(ii) Re-unification plans; and 220
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(iii) Family notification processes during crisis 221
situations. 222
(b) Public schools should notify parents at the start 223
of the school year about any updates to the annual comprehensive 224
school safety plan and clearly outline the communications plan for 225
parent notification should a school-based emergency or crisis 226
occur, including any relevant or timely follow-up information 227
regarding a school-based emergency event. School districts must 228
be clear in protocols whether or not students can access their 229
stored cell phone or personal electronic communication device 230
during a school-based emergency, and clearly communicate this 231
policy to parents and students. 232
SECTION 5. The provisions of Section 2 of this act shall not 233
be construed to require the school board of a local school 234
district to adopt a policy that prohibits all cell phone use by 235
students. Nonetheless, any school board that adopts a policy 236
prohibiting all cellular telephone use by students shall be 237
considered to have met the requirements in Section 2 of this act. 238
SECTION 6. Section 37-11-55, Mississippi Code of 1972, is 239
amended as follows: 240
37-11-55. (1) The local school board shall adopt and make 241
available to all teachers, school personnel, students and parents 242
or guardians, at the beginning of each school year, a code of 243
student conduct developed in consultation with teachers, school 244
personnel, students and parents or guardians. The code shall be 245
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based on the rules governing student conduct and discipline 246
adopted by the school board and shall be made available at the 247
school level in the student handbook or similar publication. The 248
code shall include, but not be limited to: 249
(a) Specific grounds for disciplinary action under the 250
school district's discipline plan; 251
(b) Procedures to be followed for acts requiring 252
discipline, including suspensions and expulsion, which comply with 253
due process requirements; 254
(c) An explanation of the responsibilities and rights 255
of students with regard to: attendance; respect for persons and 256
property; knowledge and observation of rules of conduct; free 257
speech and student publications; assembly; privacy; and 258
participation in school programs and activities; 259
(d) Policies and procedures recognizing the teacher as 260
the authority in classroom matters, and supporting that teacher in 261
any decision in compliance with the written discipline code of 262
conduct. Such recognition shall include the right of the teacher 263
to remove from the classroom any student who, in the professional 264
judgment of the teacher, is disrupting the learning environment, 265
to the office of the principal or assistant principal. The 266
principal or assistant principal shall determine the proper 267
placement for the student, who may not be returned to the 268
classroom until a conference of some kind has been held with the 269
parent, guardian or custodian during which the disrupting behavior 270
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is discussed and agreements are reached that no further disruption 271
will be tolerated. If the principal does not approve of the 272
determination of the teacher to remove the student from the 273
classroom, the student may not be removed from the classroom, and 274
the principal, upon request from the teacher, must provide 275
justification for his disapproval; 276
(e) Policies and procedures for dealing with a student 277
who causes a disruption in the classroom, on school property or 278
vehicles, or at school-related activities; 279
(f) Procedures for the development of behavior 280
modification plans by the school principal, reporting teacher and 281
student's parent for a student who causes a disruption in the 282
classroom, on school property or vehicles, or at school-related 283
activities for a second time during the school year; and 284
(g) Policies and procedures specifically concerning 285
gang-related activities in the school, on school property or 286
vehicles, or at school-related activities. 287
(2) Students may be suspended or expelled from attendance at 288
school for sufficient cause. However, in no case may sufficient 289
cause for suspension or expulsion include only a violation by any 290
student of the cell phone possession and use policy developed and 291
implemented pursuant to Section 2 of this act. 292
SECTION 7. Section 37-11-57, Mississippi Code of 1972, is 293
amended as follows: 294
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37-11-57. (1) Except in the case of excessive force or 295
cruel and unusual punishment, a public school teacher, assistant 296
teacher, principal, or an assistant principal acting within the 297
course and scope of his employment shall not be liable for any 298
action carried out in conformity with state or federal law or 299
rules or regulations of the State Board of Education or the local 300
school board or governing board of a charter school regarding the 301
control, discipline, suspension and expulsion of students; 302
however, in no case may sufficient cause for suspension or 303
expulsion include only a violation by any student of the cell 304
phone possession and use policy developed and implemented pursuant 305
to Section 2 of this act. The local school board shall provide 306
any necessary legal defense to a teacher, assistant teacher, 307
principal, or assistant principal in the school district who was 308
acting within the course and scope of his employment in any action 309
which may be filed against such school personnel. A school 310
district or charter school, as the case may be, shall be entitled 311
to reimbursement for legal fees and expenses from its employee if 312
a court finds that the act of the employee was outside the course 313
and scope of his employment, or that the employee was acting with 314
criminal intent. Any action by a school district or charter 315
school against its employee and any action by the employee against 316
the school district or charter school for necessary legal fees and 317
expenses shall be tried to the court in the same suit brought 318
against the school employee. 319
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(2) Corporal punishment administered in a reasonable manner, 320
or any reasonable action to maintain control and discipline of 321
students taken by a public school teacher, assistant teacher, 322
principal or assistant principal acting within the scope of his 323
employment or function and in accordance with any state or federal 324
laws or rules or regulations of the State Board of Education or 325
the local school board or governing board of a charter school does 326
not constitute negligence or child abuse. No public school 327
teacher, assistant teacher, principal or assistant principal so 328
acting shall be held liable in a suit for civil damages alleged to 329
have been suffered by a student as a result of the administration 330
of corporal punishment, or the taking of action to maintain 331
control and discipline of a student, unless the court determines 332
that the teacher, assistant teacher, principal or assistant 333
principal acted in bad faith or with malicious purpose or in a 334
manner exhibiting a wanton and willful disregard of human rights 335
or safety. For the purposes of this subsection, "corporal 336
punishment" means the reasonable use of physical force or physical 337
contact by a teacher, assistant teacher, principal or assistant 338
principal, as may be necessary to maintain discipline, to enforce 339
a school rule, for self-protection or for the protection of other 340
students from disruptive students. 341
(3) Notwithstanding subsection (2) of this section a public 342
school teacher, assistant teacher, principal, assistant principal 343
or other school personnel is prohibited from using corporal 344
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ST: Public schools; require school boards to
adopt policy on bell-to-bell cell phone
prohibition.
punishment, as defined in subsection (2) of this section, on any 345
student with a disability. No school personnel shall be granted 346
immunity from liability under subsection (2) of this section for 347
the use of corporal punishment on a student with a disability. 348
For purposes of this subsection, the term "student with a 349
disability" means a student who has an individualized education 350
plan (IEP) under the Individuals with Disabilities Education Act 351
(IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. 352
The term "school personnel" includes all individuals employed on a 353
full-time or part-time basis by a public school. 354
SECTION 8. This act shall take effect and be in force from 355
and after July 1, 2026. 356