S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1809

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. NOLAN, MILLMAN, HOOPER -- Multi-Sponsored by --
  M. of A. BRENNAN, BRODSKY, CAHILL, COLTON, COOK,  DINOWITZ,  GIANARIS,
  GOTTFRIED,  PAULIN,  PERALTA,  PERRY, PHEFFER, WEISENBERG -- read once
  and referred to the Committee on Education

AN ACT to amend the education law, in relation to the use and possession
  of mobile telephones by students

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
  42.  THE  COMMISSIONER  IS HEREBY DIRECTED TO ESTABLISH GUIDELINES FOR
LOCAL POLICIES REGARDING THE POSSESSION OR USE OF MOBILE  TELEPHONES  IN
PUBLIC SCHOOLS BY DECEMBER THIRTY-FIRST, TWO THOUSAND NINE.  SUCH GUIDE-
LINES  SHALL  ENSURE  THAT  LOCAL  POLICIES  TAKE INTO ACCOUNT LOCAL AND
REGIONAL NEEDS AS INFORMED BY THE SOLICITED VIEWS OF PARENTS AND  TEACH-
ERS  ORGANIZATIONS,  INCLUDING BUT NOT LIMITED TO PARENT TEACHER ASSOCI-
ATIONS, PARENT TEACHER ORGANIZATIONS, PARENT EDUCATION COUNCILS  INCLUD-
ING   APPROPRIATE  COMMUNITY,  EDUCATIONAL  GROUPS  AND  UNIONS,  SCHOOL
ADMINISTRATORS AND SCHOOL DISTRICTS AND SCHOOL  BOARDS.  THE  GUIDELINES
SHALL  ADVISE  THAT  THE  POLICIES  ADDRESS  CONCERNS REGARDING POSSIBLE
ACADEMIC DISRUPTIONS, FAMILY NEEDS INVOLVING CONTACTING STUDENTS  DURING
TRAVEL  TO AND FROM SCHOOL, AND FACTORS INCLUDING CONFISCATION OR APPRO-
PRIATE DISCIPLINARY RESPONSE. THE GUIDELINES MAY  DIFFERENTIATE  BETWEEN
MOBILE PHONES WITH CAPABILITIES BEYOND BASIC FAMILY COMMUNICATION NEEDS.
  S  2.  The  education  law is amended by adding a new section 409-j to
read as follows:
  S 409-J. USE AND POSSESSION OF MOBILE TELEPHONE IN A SCHOOL  FACILITY.
1.  FOR  THE  PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL  DISTRICT  WITH  A  FACILITY
USED FOR INSTRUCTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01390-01-9
              

A. 1809                             2

  (B)  "FACILITY"  SHALL  MEAN  ANY SCHOOL BUILDING OR FACILITY USED FOR
INSTRUCTIONAL PURPOSES AND THE SURROUNDING GROUNDS OR OTHER  SITES  USED
FOR PLAYGROUNDS, ATHLETICS OR OTHER INSTRUCTIONAL PURPOSES;
  (C)  "MOBILE  TELEPHONE"  SHALL  MEAN  A  CELLULAR,  ANALOG, WIRELESS,
DIGITAL OR OTHER SIMILAR TELEPHONE OR COMMUNICATIONS DEVICE,  WHICH  CAN
BE  USED  TO  ACCESS  TWO-WAY REAL TIME VOICE TELECOMMUNICATIONS SERVICE
THAT IS INTERCONNECTED TO A PUBLIC SWITCHED  TELEPHONE  NETWORK  AND  IS
PROVIDED  BY  A COMMERCIAL MOBILE RADIO SERVICE, AS SUCH TERM IS DEFINED
BY 47 CFR S 20.3; AND
  (D) "USE" SHALL MEAN TO RECEIVE A MOBILE TELEPHONE CALL SIGNALED BY AN
AUDIBLE SOUND, DIAL A MOBILE TELEPHONE, TALK OR LISTEN ON A MOBILE TELE-
PHONE OR HOLD A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE  PROXIMITY  OF,
THE STUDENT'S EAR.
  2.  THE  COMMISSIONER  SHALL  REQUIRE A SCHOOL FACILITY TO PROVIDE FOR
PROMINENT AND CONSPICUOUS NOTICE TO ALL STUDENTS BY  MEANS  OF  SIGNAGE,
PRINTED  MATERIAL  OR SIMILAR MEANS WITHIN A SCHOOL FACILITY THAT MOBILE
TELEPHONE USE IS PROHIBITED IN A CLASS ROOM DURING REGULAR SCHOOL HOURS.
  S 3. This act shall take effect immediately.