Moves toward statewide cellphone ban

New York moves toward statewide cellphone ban in schools

The governor and lawmakers are nearing an agreement to institute an all-day ban known as “bell to bell.”

By Madina Touré

New York is on the verge of becoming the next state to ban cellphone use during school hours — a victory for its Democratic governor who has been pushing to drastically limit the “endless disruptions from social media” on students.

Gov. Kathy Hochul and lawmakers are hashing out the parameters of a full-day “bell-to-bell” restriction — one of the most sweeping issues the governor has championed during her tenure. Legislative leaders signed onto the thorny proposal this year, and are awaiting policy language as they work past Monday’s deadline to pass the state’s $252 billion budget.

Despite the delay, the policy win appears within Hochul’s grasp.

She overcame initial reservations from Assembly Speaker Carl Heastie and state Senate Majority Leader Andrea Stewart-Cousins to make New York the fifth state in the nation to ban cellphone use during school hours, joining Arkansas, Louisiana, Virginia and South Carolina. More than a dozen red and blue states have instituted phone bans or restrictions in schools. Florida — the first state in the country to curtail use during class — is also eyeing the bell-to-bell approach.

“No smart phones, no ear buds, no cell phones, and here’s why: The mental health of our children, especially middle school and high school, is really declining,” Hochul said last month on Telemundo 47.

The issue is a priority for Hochul as she gears up for what looks like a competitive reelection next year. She first indicated her desire to clamp down on smartphone use last spring as part of a wider child safety effort. In June, she signed legislation to prohibit social media algorithms for kids. She floated the “bell-to-bell” plan during her budget address in January, and has since made it a cornerstone of her agenda, readily talking about problems phones are causing students. The issue is also popular with New Yorkers: A recent Siena poll showed 62 percent of voters support banning smartphones during the school day.

Hochul quickly won the backing of New York’s two powerful teachers unions, but ran into opposition with the state’s school boards and superintendents, who argue districts should determine their own cellphone policies.

“All the parties are talking and I’m very hopeful there’ll be a resolution that recognizes the dangers of electronic devices and also recognizes some schools have adopted thoughtful policies,” Senate Education Committee Chair Shelley Mayer said.

She was among 12 Albany lawmakers — including fervent supporters of the ban and others who have come around to embracing it — to tell POLITICO they’re confident the leaders will reach consensus.

Hochul found rare common ground with elected officials on this issue, as they remain deadlocked on other sticking points, including a proposal to simplify evidence requirements for prosecutors.

“I truly think this in New York will become a national model,” said Raj Goyle of the group Phone Free New York, who said his organization’s research “really revealed what a patchwork of restrictions there are now.” The group has received over six figures from philanthropists whom Goyle — a former Kansas lawmaker who lives in Manhattan — declined to name.

A state official, granted anonymity to speak freely about private discussions, said of the outstanding disagreements the cellphone issue will be “the easiest to put to bed.”

“Getting people to side with bell-to-bell is easier than getting people to side with ‘Well what about this exception, this exception,’” the official said. “It’s easier to sell to your constituents to be like, ‘Look, there’s one policy in place, everyone abides by it.’”

Hochul initially faced some hurdles in her quest to implement a ban, for which she allocated $13.5 million.

In its formal response to her budget this month, the Senate proposed giving districts the option of permitting cellphone use during non-instructional times like lunchtime. The body also reiterated students cannot be suspended simply for using their phones.

The Assembly omitted Hochul’s proposal from its response, but allocated $38.5 million for schools. Heastie said his members supported the concept, but were split over whether to pursue it statewide. Since then, they’ve shifted to embrace the governor’s plan and last week, Heastie and Stewart-Cousins revealed their conferences were leaning toward backing the bell-to-bell approach.

State Sen. John Liu, who heads the body’s New York City education committee, defended the Senate’s proposal amid pushback. When asked about the Senate’s shift, he said some districts have already enacted their own policies “and didn’t necessarily want to do an about face.” Those issues have since been resolved, he added.

The governor’s plan includes exemptions for students who need devices for medical reasons, English language learners and those with disabilities. Hochul also reiterated the state won’t suspend students for misusing smartphones.

Additionally, districts must give parents at least one way to contact their kids during the school day.

Melinda Person, president of New York State United Teachers, told POLITICO she won over legislators by highlighting how non-classroom time helps students develop social skills.

“There were some tweaks specifically in the Senate bill related to school suspensions and cellphones,” Person said. “That’s a tweak that we think makes a lot of sense. There may be some tweaks but our hope is that the core concept of bell-to-bell remains in the final bill.”

Opposition remains even as the path to achieving a statewide mandate appears all but complete.

Organizations representing the state’s school boards and superintendents prefer the Senate’s initial approach — districts deciding whether to ban cellphone use during non-instructional times. They also backed Assembly Standing Committee on Education Chair Michael Benedetto’s legislation requiring districts to develop policies with input from stakeholders like parents.

Benedetto expressed confidence that Heastie would arrive at “a fair decision.”

“I happen to think my bill and the way I look at it to be the best possible way,” he said. “But I also acknowledge that maybe I’m wrong and maybe wiser minds will come up with a better idea.”