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SB108 • 2026

School boards; student cell phone and smart device possession and use policies, prohibition.

An Act to amend and reenact § 22.1-79.3:1 of the Code of Virginia, relating to school boards; student cell phone and smart device possession and use policies; restriction and prohibition.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Pekarsky
Last action
2026-04-06
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The official summary and text do not provide detailed information on enforcement mechanisms beyond what is explicitly stated in the bill.

School Rules for Cell Phones and Smart Devices

This law changes how schools handle cell phones and smart devices, making it stricter about when students can have or use them during school hours.

What This Bill Does

  • Changes the rules so that each school board must make policies to restrict student cell phone and smart device possession and prohibit their use on school property from bell to bell.
  • Allows exceptions for students who need devices due to health reasons or special education needs, as outlined in specific plans like Individualized Education Plans (IEPs).
  • Requires that any violations of these policies are handled according to the school's code of conduct and not through suspensions or expulsions alone.

Who It Names or Affects

  • School boards must create new rules.
  • Public elementary and secondary schools must follow these rules.
  • Students will have stricter limits on when they can use cell phones and smart devices at school.

Terms To Know

Bell to bell
The time from the first morning bell until after classes end in the afternoon, including lunch and breaks between classes.
Smart device
Any personal electronic gadget that can connect to the internet and send data wirelessly, like smartwatches or tablets.

Limits and Unknowns

  • The law does not specify what happens if a student breaks these rules.
  • It is unclear how schools will enforce these new policies without involving school resource officers.

Bill History

  1. 2026-04-06 Governor

    Approved by Governor-Chapter 331 (effective 7/1/2026)

  2. 2026-04-06 Governor

    Approved by Governor-Chapter 331 (effective 7/1/2026)

  3. 2026-04-06 Governor

    Acts of Assembly Chapter text (CHAP0331)

  4. 2026-04-01 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB108)

  5. 2026-03-31 Senate

    Enrolled Bill communicated to Governor on March 31, 2026

  6. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  7. 2026-03-31 House

    Signed by Speaker

  8. 2026-03-31 Senate

    Enrolled Bill communicated to Governor on March 31, 2026

  9. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  10. 2026-03-30 Senate

    Signed by President

  11. 2026-03-30 Senate

    Enrolled

  12. 2026-03-30 Senate

    Bill text as passed Senate and House (SB108ER)

  13. 2026-03-11 Senate

    House substitute agreed to by Senate (40-Y 0-N 0-A)

  14. 2026-03-10 House

    Read third time

  15. 2026-03-10 House

    committee substitute agreed to

  16. 2026-03-10 House

    Engrossed by House - committee substitute

  17. 2026-03-10 House

    Passed House with substitute (84-Y 11-N 0-A)

  18. 2026-03-09 House

    Passed by for the day

  19. 2026-03-06 House

    Read second time

  20. 2026-03-05 Education

    Fiscal Impact Statement from Department of Planning and Budget (SB108)

  21. 2026-03-04 Education

    Reported from Education with substitute (19-Y 2-N)

  22. 2026-03-04 Education

    Committee substitute printed 26109021D-H1

  23. 2026-03-03 K-12 Subcommittee

    House subcommittee offered

  24. 2026-02-26 K-12 Subcommittee

    Assigned HED sub: K-12 Subcommittee

  25. 2026-02-03 House

    Placed on Calendar

  26. 2026-02-03 House

    Read first time

  27. 2026-02-03 Education

    Referred to Committee on Education

  28. 2026-01-27 Senate

    Read third time

  29. 2026-01-27 Senate

    Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

  30. 2026-01-26 Senate

    Read second time

  31. 2026-01-26 Senate

    Engrossed by Senate

  32. 2026-01-26 Senate

    Engrossed by Senate Block Vote (Voice Vote)

  33. 2026-01-23 Senate

    Rules suspended

  34. 2026-01-23 Senate

    Passed by for the day

  35. 2026-01-23 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)

  36. 2026-01-23 Senate

    Passed by for the day Block Vote (Voice Vote)

  37. 2026-01-22 Education and Health

    Reported from Education and Health (14-Y 0-N)

  38. 2026-01-15 Public Education

    Assigned Education sub: Public Education

  39. 2026-01-14 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB108)

  40. 2026-01-02 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26100670D

  41. 2026-01-02 Education and Health

    Referred to Committee on Education and Health

Official Summary Text

School boards; student cell phone and smart device possession and use policies.
Amends the requirements for the student cell phone and smart device possession and use policies that each school board is required to develop and each public elementary and secondary school is required to implement pursuant to applicable law to require such policies to, except as provided in applicable law, restrict student cell phone and smart device possession and prohibit student cell phone and smart device use on school property from bell to bell. Current law only requires such policies to restrict student cell phone and smart device possession and use on school property from bell to bell.

Current Bill Text

Read the full stored bill text
An Act to amend and reenact §
22.1-79.3:1
of the Code of Virginia, relating to school boards; student cell phone and smart device possession and use policies; restriction and prohibition.
Be it enacted by the General Assembly of Virginia:
1. That §
22.1-79.3:1
of the Code of Virginia is amended and reenacted as follows:
§
22.1-79.3:1
. Student cell phone and smart device possession and use policies; development and implementation.
A. As used in this section:
"Bell to bell" means after the first bell rings at the start of the school day to begin instructional time until the dismissal bill rings at the end of the school day. "Bell to bell" includes lunch and time in between class periods.
"Smart device" means any personal electronic device that can connect to the Internet and wirelessly collect, process, and transmit data, including smart watches and tablets.
B. Each school board shall develop and each public elementary and secondary school shall implement age-appropriate and developmentally appropriate policies relating to student cell phone and smart device possession and use on school property from bell to bell. Such policies shall:
1. Except as provided in subdivision 4, restrict student cell phone and smart device possession and
prohibit student cell phone and smart device
use on school property from bell to bell;
2. To the extent that student cell phone or smart device possession and use is otherwise permitted on school property before or after bell to bell, regulate such possession and use with the objective of reducing any distractions in or disruptions to the learning environment, including bullying and harassment;
3. Ensure that implementation and enforcement of such policies (i) is the responsibility of the school administration; (ii) minimizes, to the extent possible, any conflict with the instructional responsibilities of teachers or any disturbance to instructional time; and (iii) does not involve any school resource officer, as defined in §
9.1-101
, that may be employed in any school in the school division;
4. Permit any student, pursuant to an Individualized Education Plan, § 504 Plan, individualized health care plan,
diabetes medical management plan,
or Limited English Proficiency plan, to possess and use a cell phone or smart device on school property, including in the classroom, from bell to bell to monitor or address a health concern or as an accommodation or assistive technology support; and
5. Expressly prohibit any student from being suspended or expelled as a consequence of any violation of such policies.
C. No violation of any student cell phone and smart device possession and use policy developed or implemented in accordance with subsection B shall alone constitute sufficient cause for a student's suspension or expulsion from attendance at school pursuant to §
22.1-277
. Any violation of any such student cell phone and smart device possession and use policy that involves, coincides with, or results in an instance of disruptive behavior, as that term is defined in §
22.1-276.01
, shall be addressed in accordance with the regulations on codes of student conduct adopted by each school board pursuant to subsection B of §
22.1-279.6
.