As part of the biennial budget bill, the legislature instituted a major change to the use of cell phones by students in Ohio public schools. By January 1, 2026, schools are required to have a policy that prohibits all cellular telephone use by students during the “instructional day,” unless an exception applies to the use. The exceptions are: for student learning (if deemed appropriate by the Board of Education), to monitor or address a health concern (if the student’s doctor provides a statement supporting such use), as dictated by a student’s IEP or 504 Plan, or if permitted under the school building's comprehensive emergency management plan. A school district is required to make any policy it adopts publicly available and post it prominently on the district’s website.

The statute itself does not define “instructional day.” The Ohio Department of Education and Workforce has recently issued guidance on these new statutory requirements, and indicated that an “instructional day” is “any period of time in which a student is expected to be in attendance and includes not only formal instruction time but also supervised activities, such as transitioning between classes, recess, meal periods, and field trips.” Therefore, ODEW maintains that cell phones are disallowed in schools from the start of the school day to the end of the school day, and they cannot be used during passing periods, recess, or lunch. This prohibition on cell phones does not apply to other “electronic communication devices” like smart watches. School districts are permitted to include those devices within the prohibition but are not required to do so.

This is a major change in the law for many districts, so you’ll want to check your policy, handbooks, and emergency management plans to ensure you are prepared to make necessary changes by January 1. It may also be advisable to begin communicating with students and parents about the change in the law before the changes take effect.