New Jersey has joined a growing number of states requiring School Districts to adopt a policy regarding student use of internet-enabled devices. Legislation signed by Governor Murphy requires School Districts to adopt a policy concerning student use of internet-enabled devices, including smart phones, tablets, smartwatches or other devices capable of connecting to the internet in grades K–12, during regular school hours, on a school bus, or during school sanctioned events when the student is under the direct supervision of a teaching staff member or employee of the board of education. The law requires School Districts to address in its policy the use of internet-enabled devices in the event of an emergency situation or a response to a perceived threat of danger.

The law requires the Commissioner of Education to develop guidelines applicable to students enrolled in grades k-12 within ninety days of the enactment of this law. It also requires the School District policy to be consistent with the Commissioner of Education’s guidelines but does not prohibit a School District from a more stringent policy.

The minimum guidelines shall:

• provide age appropriate and grade-level differentiated guidelines concerning limiting and prohibiting student use of internet-enabled devices;
• prohibit non-academic use of an internet-enabled device on school grounds during the school day;
• be consistent with state and federal law, including accommodations in a student’s IEP, 504 Plan or health plan;
• permit student use of internet-enabled device on school grounds during the school day, or during school-sanctioned events if:
  • authorized by a principal, superintendent or their designee for a necessary specified purpose, which shall be approved only when no reasonable alternative exists to achieve the same objective while maintaining compliance with these guidelines;
  • required for the provision and administration of a student’s prescribed care consistent with the submission by a parent or guardian of documentation from a health care professional;
  • necessary in the event of an emergency situation or a response to a perceived threat of danger;
  • needed for translation services;
  • authorized on a case-by-case basis for a student caregiver who is routinely responsible for the care or well-being of a family member, upon approval from a principal, chief school administrator, or their designees, which may include a school psychologist, school social worker, or school counselor; and
  • required by law;

• address internet-enabled devices and cell phones with only text or voice;
• list options that may be utilized by a board of education for storage of an internet-enabled device, including locked pouches and lockers;
• provide guidance for a board of education to establish network-based restrictions to prevent the use of, or access to, social media platforms; and
• detail protocols for communicating the board of education’s policy concerning student use of internet-enabled devices to students, their families, and teaching staff members.

Implementation is set for the 2026-2027 school year. While the law does not take effect immediately, it signals an important shift that school districts should begin planning for now. As part of that planning process School Districts and Administrators should:

• Begin to review and update policies, regulations, and student handbooks and how any change will be communicated to families.
• Consider how restrictions will be enforced consistently and how staff responsibilities will be defined.
• Discuss how to address exemptions for students ensuring policies and practices are consistent.
• Discuss the permittance of cell phone use in emergency cases or in response to a perceived threat of danger, or for specific purposes on a case-by-case basis approved by administrators.

Although the new rule will not take effect until the start of the 2026-2027 school year, early planning will allow districts to avoid rushed decision-making once formal guidance is issued. Monitoring forthcoming guidelines from the Commissioner of Education and beginning internal discussions now can help ensure a smoother transition when the new requirements go into effect.

School districts are encouraged to consult with counsel as they evaluate policy options and prepare for implementation.

If you have questions, please contact our School Law Team.

The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.