North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-07-41. Personal electronic devices--Prohibition during instructional time

a. “Instructional time” means the time from the start of the schoolday until dismissal at the end of the schoolday on school premises, for which the signal may be the ringing of a bell, including a structured or unstructured learning experience, recess, a lunch period, and time in between classes. The term does not include private student travel time to and from an area career and technology center or other offsite learning experience or instructional time occurring in virtual environments off school premises.

b. “Parent” means a parent or guardian of a student who is authorized to make decisions regarding education for the student.

c. “Personal electronic communication device” means a portable electronic device capable of communication by voice, text, or other data with one or more other parties or devices, or capable of connection to a smartphone, the internet, or a cellular or wireless fidelity network, including a smartphone, cell phone, bluetooth-enabled device, tablet, smartwatch or other wearable device, and gaming device. The term does not include:

d. “School” means a public school providing prekindergarten, elementary, or secondary education, including area career and technology centers. The term does not include virtual schools, virtual instruction, the North Dakota center for distance education, or education occurring in a home-school environment.

e. “School-related activity” means a school sanctioned activity, event, or function, occurring outside of instructional time, at which students are under supervision of the school, whether on or off school premises, including a bus ride, field trip, sporting event, and school dance.

f. “Student” means an individual currently enrolled or registered at a school as defined under subdivision d of this section.

a. Requires all personal electronic communication devices be silenced or turned off, securely stowed away, and inaccessible to students during instructional time;

b. Provides schools may limit or allow student access to personal electronic communication devices outside of instructional time, during a school-related activity;

c. Includes enforcement provisions to ensure strict compliance with the policy by students and school employees; and

d. Provides a student may contact the student's parent or authorized caregiver during the schoolday if needed by using a school telephone made available to the student in a manner and location designated by the school.

a. A medical provider licensed under title 43 determines the possession or use of a personal electronic communication device is necessary for the health or well-being of the student; or

b. The possession or use of a personal electronic communication device is required by the student's individual education program under:

a. Ensure the policy is communicated to students, parents, and authorized caregivers; and

b. Publish the policy in student and personnel handbooks.