School Cell Phone Ban, Policy Requirements to Take Effect for 2026-2027

On Tuesday, Feb. 10, 2026, Governor Gretchen Whitmer signed House Bill 4141 into law, which requires school boards to implement a policy prohibiting students from using cell phones (referred to as “wireless communication devices”) on school grounds during instructional time. The bill (now Public Act 2 of 2026) and its requirements take effect at the beginning of the 2026-2027 school year. The new law amends the Revised School Code, adding Section 1303a (MCL 380.1303a).

The legislation provides baseline requirements for schools and provides that schools may implement additional restrictions regarding the use of “wireless communication devices.” A “wireless communication device” is defined as “an electronic device capable of, but not limited to, text messaging, voice communication, entertainment, navigation, accessing the internet, sending and receiving photos and videos, or producing email.”

Notably, the legislation carves out an exemption for a “basic telephone,” or phones that are used for voice calling and do not support third-party applications or access to the internet through applications or web browsers. As such, the legislation is specifically aimed at curbing the use of smartphones in the school environment. Moreover, the legislation broadly prohibits use of cell phones on “school grounds,” and defines school grounds as a building, playing field, or other property used for school purposes and instruction, including property used for school-sponsored functions and events.

The legislation provides for several exemptions to the ban that must be noted in policies. The following exemptions to the cell phone ban must be included in a board policy:

• Medically necessary devices
• District-owned devices, including, but not limited to, school-issued tablets and laptops
• Devices designated by the district to be used for instructional purposes
• Devices used for special education programming or devices provided as an accommodation to students as required under Section 504 or as part of an IEP
• Lesson-specific academic assignments, at the limited and direct discretion of a classroom teacher
• Emergency situations (as described in an emergency operations plan)

Further, the legislation requires that policies include details on “enforcement mechanisms” that will be used to achieve the goals of the policy. Such enforcement mechanisms may include a Student Code of Conduct, acceptable use guidelines, and/or other District policies and requirements.

Relatedly, Senate Bill 495 (now Public Act 1 of 2026), was tie-barred with House Bill 4141. Governor Whitmer also signed the bill into law on February 10. The Senate Bill 495 requires that emergency operations plans must include a protocol for when and how students are permitted to use wireless communications devices during an emergency. The bill amends Section 1308b of the Revised School Code (MCL 380.1308b).

Clark Hill’s policy clients will receive additional communications regarding this policy change, and draft policies will be provided to subscribing districts for consideration and use.

If you have questions regarding this article or board policies, please contact a member of Clark Hill’s Education and Municipal Law team.

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