Prohibit student cellular telephone use in public schools

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 158

2025-2026

Senator Timken

Cosponsors: Senators Brenner,
Koehler, Cirino, Cutrona, Gavarone, Lang, O'Brien, Patton, Reineke,
Reynolds, Roegner, Romanchuk, Schaffer, Wilkin

To
amend
sections

3313.753

and 5502.262

of the Revised Code
to
generally prohibit student cellular telephone use in public schools.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That

sections

3313.753

and 5502.262

of the Revised Code be amended to read as follows:

Sec.
3313.753.
(A)
As used in this section:

(1)
"Electronic communications device" means any device that is
powered by batteries or electricity and that is capable of receiving,
transmitting, or receiving and transmitting communications between
two or more persons or a communication from or to a person.

(2)
"School" means any school that is operated by a board of
education of a city, local, exempted village, or joint vocational
school district.

(3)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted.

(4)
"School grounds or premises" means either of the following:

(a)
The parcel of real property on which any school building is situated;

(b)
Any other parcel of real property that is owned or leased by a board
of education and on which some of the instruction, extracurricular
activities, or training of the school is conducted.

(B)
The board of education of any city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy prohibiting students from carrying an electronic
communications device in any school building or on any school grounds
or premises of the district. The policy may provide for exceptions to
this prohibition as specified in the policy. The policy shall specify
any disciplinary measures that will be taken for violation of this
prohibition.

If
a board of education adopts a policy under this division, the board
shall post the policy in a central location in each school building
and make it available to students and parents upon request.

(C)
(C)(1)

Not later than
the
first day of July that immediately follows the effective date of this
amendment
September
1, 2025
,
each school district board of education shall adopt a policy
governing the use of cellular telephones by students during school
hours. The policy shall
do
all of the following:

(1)
Emphasize that student cellular telephone use be as limited as
possible during school hours;

(2)
Reduce cellular telephone-related distractions in classroom settings;

(3)
prohibit
all cellular telephone use by students during the instructional day,
except as described in division (C)(2) of this section or if
permitted under the building's comprehensive emergency management
plan adopted under section 5502.262 of the Revised Code.

(2)

If determined appropriate by the district board, or if included in a
student's individualized education program developed under Chapter
3323. of the Revised Code or plan developed under section 504 of the
"Rehabilitation Act of 1973," 29 U.S.C. 794,
permit

students

to

may

use
cellular telephones or other electronic communications devices for
student learning or to monitor or address a health concern.

A
district board shall permit a student to use a cellular telephone or
other electronic communications device to monitor or address a health
concern if the board receives a written statement from the student's
physician requiring such use.

(D)

Division
(C) of this section shall not be construed to require a district
board to adopt a policy that prohibits all cellular telephone use by
students. Nonetheless, any
Any

district
board that adopts a policy that prohibits all cellular telephone use
by students shall be considered to have met the requirements in
division (C) of this section.

(E)
Any district board that adopts a policy that meets the requirements
prescribed in division (C) of this section prior to
the
effective date of this amendment
the
effective date of this amendment,

shall be considered to have met the requirement to adopt a policy
under this section.

(F)
Each district board that adopts a policy under this section after
the
effective date of this amendment
the
effective date of this amendment,

shall do so at a public meeting of the board.

(G)
Each district board shall make any policy it adopts under this
section publicly available and post it prominently on its publicly
accessible web site, if it has one.

(H)
Not later than sixty days after the effective date of this amendment,
the department of education and workforce shall develop a model
policy that meets the requirements prescribed in division (C) of this
section. To the extent possible, the model policy shall take into
account available research concerning the effect of the use of
cellular telephones by students in school settings. The model policy
may be utilized by districts and schools.

Sec.
5502.262.
(A)
As used in this section:

(1)
"Administrator" means the superintendent, principal, chief
administrative officer, or other person having supervisory authority
of any of the following:

(a)
A city, exempted village, local, or joint vocational school district;

(b)
A community school established under Chapter 3314. of the Revised
Code, as required through reference in division (A)(11)(d) of section
3314.03 of the Revised Code;

(c)
A STEM school established under Chapter 3326. of the Revised Code, as
required through reference in section 3326.11 of the Revised Code;

(d)
A college-preparatory boarding school established under Chapter 3328.
of the Revised Code;

(e)
A district or school operating a career-technical education program
approved by the department of education and workforce under section
3317.161 of the Revised Code;

(f)
A chartered nonpublic school;

(g)
An educational service center;

(h)
A preschool program or school-age child care program licensed by the
department of education and workforce;

(i)
Any other facility that primarily provides educational services to
children subject to regulation by the department of education and
workforce.

(2)
"Emergency management test" means a regularly scheduled
drill, exercise, or activity designed to assess and evaluate an
emergency management plan under this section.

(3)
"Building" means any school, school building, facility,
program, or center.

(4)
"Regional mobile training officer" means the regional
mobile training officer appointed under section 5502.70 of the
Revised Code for the region in which a district, school, center,
program, or facility is located.

(B)(1)
Each administrator shall develop and adopt a comprehensive emergency
management plan, in accordance with rules adopted pursuant to
division (F) of this section, for each building under the
administrator's control. The administrator shall examine the
environmental conditions and operations of each building to determine
potential hazards to student and staff safety and shall propose
operating changes to promote the prevention of potentially dangerous
problems and circumstances. In developing the plan for each building,
the administrator shall involve community law enforcement and safety
officials, parents of students who are assigned to the building, and
teachers and nonteaching employees who are assigned to the building.
The administrator may involve the regional mobile training officer in
the development of the plan. The administrator shall incorporate
remediation strategies into the plan for any building where
documented safety problems have occurred.

(2)
Each administrator shall also incorporate into the emergency
management plan adopted under division (B)(1) of this section all of
the following:

(a)
A protocol for addressing serious threats to the safety of property,
students, employees, or administrators;

(b)
A protocol for responding to any emergency events that occur and
compromise the safety of property, students, employees, or
administrators. This protocol shall include, but not be limited to,
all of the following:

(i)
A floor plan that is unique to each floor of the building;

(ii)
A site plan that includes all building property and surrounding
property;

(iii)
An emergency contact information sheet.

(c)
A threat assessment plan developed as prescribed in section 5502.263
of the Revised Code. A building may use the model plan developed by
the department of public safety under that section;

(d)
A protocol for school threat assessment teams established under
section 3313.669 of the Revised Code
;

(e)
A protocol that addresses student use of cellular telephones during
an active threat or emergency
.

(3)
Each protocol described in division (B) of this section shall include
procedures determined to be appropriate by the administrator for
responding to threats and emergency events, respectively, including
such things as notification of appropriate law enforcement personnel,
calling upon specified emergency response personnel for assistance,
and informing parents of affected students.

Prior
to the opening day of each school year, the administrator shall
inform each student or child enrolled in the school and the student's
or child's parent of the parental notification procedures included in
the protocol.

(4)
Each administrator shall keep a copy of the emergency management plan
adopted pursuant to this section in a secure place.

(C)(1)
The administrator shall submit to the director of public safety, in
accordance with rules adopted pursuant to division (F) of this
section, an electronic copy of the emergency management plan
prescribed by division (B) of this section not less than once every
three years, whenever a major modification to the building requires
changes in the procedures outlined in the plan, and whenever
information on the emergency contact information sheet changes.

(2)
The administrator also shall file a copy of the plan with each law
enforcement agency that has jurisdiction over the school building
and, upon request, to any of the following:

(a)
The fire department that serves the political subdivision in which
the building is located;

(b)
The emergency medical service organization that serves the political
subdivision in which the building is located;

(c)
The county emergency management agency for the county in which the
building is located;

(d)
The regional mobile training officer.

(3)
Upon receipt of an emergency management plan, the director shall post
the information on the contact and information management system and
submit the information in accordance with rules adopted pursuant to
division (F) of this section, to the attorney general, who shall post
that information on the Ohio law enforcement gateway or its
successor.

(4)
Any department or entity to which copies of an emergency management
plan are filed under this section shall keep the copies in a secure
place.

(D)(1)
Not later than the first day of September of each year, each
administrator shall review the emergency management plan and certify
to the director that the plan is current and accurate.

(2)
Anytime that an administrator updates the emergency management plan
pursuant to division (C)(1) of this section, the administrator shall
file copies, not later than the tenth day after the revision is
adopted and in accordance with rules adopted pursuant to division (F)
of this section, to the director and to any entity with which the
administrator filed a copy under division (C)(2) of this section.

(E)
Each administrator shall do both of the following:

(1)
Prepare and conduct at least one annual emergency management test, as
defined in division (A)(2) of this section, in accordance with rules
adopted pursuant to division (F) of this section;

(2)
Grant access to each building under the control of the administrator
to law enforcement personnel and to entities described in division
(C)(2) of this section, to enable the personnel and entities to hold
training sessions for responding to threats and emergency events
affecting the building, provided that the access occurs outside of
student instructional hours and the administrator, or the
administrator's designee, is present in the building during the
training sessions.

(F)
The director of public safety, in consultation with representatives
from the education community and in accordance with Chapter 119. of
the Revised Code, shall adopt rules regarding emergency management
plans under this section, including the content of the plans and
procedures for filing the plans. The rules shall specify that plans
and information required under division (B) of this section be
submitted on standardized forms developed by the director for such
purpose. The rules shall also specify the requirements and procedures
for emergency management tests conducted pursuant to division (E)(1)
of this section. Failure to comply with the rules may result in
discipline pursuant to section 3319.31 of the Revised Code or any
other action against the administrator as prescribed by rule.

(G)
Division (B) of section 3319.31 of the Revised Code applies to any
administrator who is subject to the requirements of this section and
is not exempt under division (H) of this section and who is an
applicant for a license or holds a license from the state board of
education pursuant to section 3319.22 of the Revised Code.

(H)(1)
The director may exempt any administrator from the requirements of
this section, if the director determines that the requirements do not
otherwise apply to a building or buildings under the control of that
administrator.

(2)
The director shall exempt from the requirements of this section the
administrator of an online learning school, established under section
3302.42 of the Revised Code, unless students of that school
participate in in-person instruction or assessments at a location
that is not covered by an existing emergency management plan,
developed under this section as of December 14, 2021.

(I)
Copies of the emergency management plan, including all records
related to the plan, emergency management tests, and information
required under division (B) of this section are security records and
are not public records pursuant to section 149.433 of the Revised
Code. In addition, the information posted to the contact and
information management system, pursuant to division (C)(3)(b) of this
section, is exempt from public disclosure or release in accordance
with sections 149.43, 149.433, and 5502.03 of the Revised Code.

Notwithstanding
section 149.433 of the Revised Code, a floor plan filed with the
attorney general pursuant to this section is not a public record to
the extent it is a record kept by the attorney general.

Section
2.
That
existing
sections

3313.753

and 5502.262

of the Revised Code
are

hereby
repealed.