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What the statute actually says

P.L.2025, c.195 was approved on 8 January 2026 and added two sections to Title 18A of the New Jersey Statutes. It is short. Most of what people think of as “the phone ban” is not in it.
State lawEnacted by the Legislature. Changing this requires new legislation.
195_.PDFN.J.S.A. 18A:36-40b
The guidelines shall, at a minimum … prohibit non-academic use of an internet-enabled device on school grounds during the school day

That clause is the entire instruction. Everything else you are told about your school day (lunch, study hall, the corridor between classes) was written by someone the Legislature delegated to.s.2.b(2)

What it covers

Two sections, one delegation

The statute directs the Commissioner of Education to develop guidelines to assist boards of education in writing policies about student device use during regular school hours, on a school bus, or at school-sanctioned events where the student is under the direct supervision of a teaching staff member or board employee. The guidelines apply to kindergarten through grade 12 and had to be issued within 90 days of the act taking effect.s.2.a

The act took effect immediately on approval, but first applies to the first full school year following enactment.s.3 That is the 2026–2027 school year, which is the year NJDOE says districts must have a policy in place for.Q1

The scope, in the act’s own words

…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…s.2.a

Worth noticing: the statute covers buses. The guidance leaves them alone.

School buses are named in the statute’s description of what a board’s policy is about.s.2.as.2.d The Department could have extended the prohibition there. Instead the guidance says a board may wish to consider including bus provisions, and the FAQ answers that students may use devices on buses unless the district restricts it.Considerations for LimitingQ14

That is a choice the Department made about a period of unstructured, non-instructional time that was squarely within its authority to restrict. It shows the bell-to-bell line is a judgment about which non-instructional periods to cover, not a boundary the statute fixed.

  1. boards of education may wish to consider including provisions in their policy for limiting student use of internet enabled devices on school busesConsiderations for Limiting
  2. Yes. Unless the school district’s policy further restricts student access to internet-enabled devices, students may use internet-enabled devices on school buses.Q14

The nine things the guidelines must do

s.2.b, in nine parts

These are the minimum requirements the statute sets for the Commissioner’s guidelines. Everything NJDOE published has to fit inside them, and the Department has room to move within them.

  1. s.2.b(1)

    Provide age-appropriate and grade-level differentiated guidelines about limiting and prohibiting student use of internet-enabled devices.s.2.b(1)

  2. s.2.b(2)

    Prohibit non-academic use of an internet-enabled device on school grounds during the school day.s.2.b(2)

  3. s.2.b(3)

    Be consistent with State and federal law, including accommodations in an IEP under the Individuals with Disabilities Education Act, a plan under section 504 of the Rehabilitation Act of 1973, or a student health plan.s.2.b(3)

  4. s.2.b(4)

    Address permitting student use of cell phones in an emergency, or in response to a perceived threat of danger.s.2.b(4)

  5. s.2.b(5)

    Authorise device use on school grounds during the school day, or at school-sanctioned events, in five listed situations: administrator authorisation where no reasonable alternative exists, prescribed care documented by a health care professional, translation services, a student caregiver on a case-by-case basis, and where required by law.s.2.b(5)

  6. s.2.b(6)

    Address internet-enabled devices and cell phones that have only text or voice.s.2.b(6)

  7. s.2.b(7)

    List storage options a board of education may use, including locked pouches and lockers.s.2.b(7)

  8. s.2.b(8)

    Give boards guidance on setting network-based restrictions to prevent use of, or access to, social media platforms.s.2.b(8)

  9. s.2.b(9)

    Detail protocols for communicating the board's policy to students, families and teaching staff.s.2.b(9)

What it requires of your board of education

Three duties, one asymmetry

s.2.d

Adopt a policy

Every board must adopt a policy about student device use during regular school hours, on a school bus and at school-sanctioned events under staff supervision. It must address emergencies and perceived threats of danger, and be consistent with the Commissioner’s guidelines.s.2.d

s.2.e

It may go stricter

Nothing in the section prevents a board from adopting a policy more stringent than the guidelines. There is no matching provision for a less stringent one. This single asymmetry is why asking your own board for lunch access cannot work.s.2.e

s.2.f

Accommodation is protected

The guidelines may not stop a principal, chief school administrator or designee from making a reasonable accommodation for the use of internet-enabled devices for educational purposes.s.2.f

The one-way ratchet, verbatim

Nothing in this section shall be construed to prevent a board of education from adopting a policy on the use of internet-enabled devices by students enrolled in the public school that is more stringent than the guidelines developed by the commissioner…s.2.e

Who the Commissioner had to consult

Five named organisations, no students

The guidelines must promote student learning and well-being, and in developing them the Commissioner was required to consult interested stakeholders in the education community, including but not limited to five named organisations.s.2.c

All five are associations of adults who work in or govern schools. The list is not exhaustive, so students could have been consulted; the statute did not require it. That gap is our third argument.

  • New Jersey Education Association
  • American Federation of Teachers
  • New Jersey School Boards Association
  • New Jersey Principals and Supervisors Association
  • New Jersey Association of School Administrators

What the statute never says

Repeat the search yourself

A full-text search of the enacted statute finds no occurrence of any of these words. The text we searched is committed alongside this site so the search can be repeated.full text

The restriction on those periods is real, and it binds your school. It comes from the next layer down.

Searched the full text of 195_.PDF for

  • Word not found in the statute: lunch0results
  • Word not found in the statute: meal0results
  • Word not found in the statute: recess0results
  • Word not found in the statute: passing0results
  • Word not found in the statute: study hall0results