This week’s blog post examines cell phone usage and schools, including the new law requiring districts to adopt a policy on student cell phone use and legal issues related to cell phone use by board members.
Student cell phone use policy
Last week, Ohio Gov. Mike DeWine signed House Bill (HB) 250, which requires each school district and community school to adopt a policy, by July 1, 2025, governing the student use of cell phones during school hours. The law does not state that cell phones must be allowed or banned. However, the law requires that each board’s policy must:
- Emphasize that student cell phone use be as limited as possible during school hours.
- Reduce cell phone-related distractions in classroom settings.
If approved by the board or included in a students’ individualized education program or Sec. 504 plan, students with disabilities can use cell phones or other electronic communications devices for student learning or to monitor or address a health concern. The Ohio Department of Education and Workforce must develop a model policy governing student use of cell phones during school hours. Districts should work with their policy providers or legal counsel on the required policy.
Board member cell phone use
While H.B. 250 focuses on student cell phone use, legal issues for boards also can be raised by board member cell phone use. For example, Ohio’s Open Meetings Act (OMA), requires that all discussions of public business by a majority of the board must occur in a meeting open to the public. The Supreme Court of Ohio has concluded that any private prearranged discussion of public business by a majority of members of a public body, whether the discussion is face-to-face, or via telephone, video conference, email, text, tweet or other form of communication, is a violation of the OMA. In other words, a majority of board members are prohibited from having email, text or other electronic communications with one another about the board’s business.
Another consideration is the public records law. The Ohio Court of Claims has concluded that texts among members of a public body discussing the public’s business would be considered public records that must be produced in response to a public records request. This would also apply to other electronic communications and is true even if the communications were made by the officials using their own privately paid phones rather than phones issued by the public agency.
Questions about the new policy requirement, OMA, or Ohio’s public records law can be directed to the legal division at (855) 672-2529. Specific questions should be directed to the board’s legal counsel.