By Nicholas A. Marricco, Esq.
As New York Gov. Kathy Hochul continues to lay out proposals in her Fiscal Year 2026 budget, she recently announced a proposal to reduce what Governor calls “distracted learning” in classrooms across New York State.
The Governor proposes that districts ban smartphones and smartwatches on school grounds. There are exceptions for the use of devices to manage a medical condition, language translation, specific educational purposes, and the use of devices as part of a child’s IEP or 504 plan. The plan, according to current reporting, is expected to pass both the Senate and Assembly. The law would only apply to public school districts, charter schools, and BOCES schools. Private schools and higher education institutions are not covered by the law.
The Governor’s proposed smartphone ban would prohibit unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K-12 schools for the entire school day. Districts will be the ones to create their own plans for storing smartphones and other devices.
The Governor’s proposal includes $13.5 million in funding for schools who need to purchase storage solutions. While the Governor’s proposal requires that schools provide parents a way to contact their children during the day when necessary, it is currently unclear how Districts will ensure that is possible.
Over the next few months, parents can attend their district’s board of education meetings to request information from their board on how the board intends to apply the Governor’s smartphone ban. Parents can also request information from their superintendent. Parents are also encouraged to attend Board meetings to voice their concern on their District’s plan to allow Parents to contact their children during the school day.
If the law gets adopted, it’s going to become necessary to address the use of technology on a student’s IEP or 504 Plan. There is already significant litigation over the funding of devices and technology on IEPs, and it is expected that this litigation will increase with the Smartphone ban. Additionally, it is expected that this ban will significantly impact the duration and frequency of suspensions and detentions over smart phone usage. Parents are encouraged to review their district’s code of conduct to learn about their district’s smartphone discipline policy.
The New York state education law attorneys at Tully Rinckey can help you achieve your goals when it comes to your child’s academic well-being and future. If you have questions about IEPs or transition planning, our team of attorneys is available to assist you today. Please call (888) 970-4076 to schedule a consultation or schedule a consultation online.
Nicholas A. Marricco, Esq. is an associate in Tully Rinckey PLLC’s Manhattan office, where he focuses his practice on federal employment and education law. Prior to joining Tully Rinckey, Nicholas was a prosecutor for a prominent District Attorney in the City of New York, a civil rights attorney for families of disabled students, and an associate attorney for a boutique law firm. He can be reached at info@tullylegal.com or at (888)-529-4543.