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New state law banning smartphones in classrooms could lead to legal questions

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ALBANY, NY (WRGB) — As the new school year approaches, a recently enacted state law prohibiting smartphones and other internet-connected devices in classrooms is causing confusion and concern among parents and legal experts.

While the law aims to reduce distractions, one attorney tells us some parents are worried about how children with medical needs or disabilities will be accommodated.

The law mandates that school districts develop and enforce their own policies to restrict student smartphone use. Many districts are opting for lockable pouches from the company Yondr or cubbies to manage the ban. A significant concern for families is the exemption process for students who require a device as part of their Individualized Education Plan (IEP) or for medical reasons.

Nicholas Marricco, a senior associate at Tully Rinckey PLLC specializing in education law, said, “Each district is going to be different on that. So that’s going to be the biggest hurdle in the first few months is getting those students who need the accommodation to the or the exemption to this policy getting that exemption to the correct students.”

Marricco also noted that since the state has left specific plans to be set by school districts, rules could vary even for children in the same family attending different schools within the same district.

Regarding enforcement, Marricco said, “The key thing here is that students will not be suspended for just violating the cell phone ban. So if you have, if your son or your daughter is just caught with their smartphone, under the law, it will not just be suspended for that. But if it’s like the cell phone is being, let’s say if like they’re recording a fight or they’re recording bullying that, that would be a suspension.”

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