By Nancy Nissen, Esq.
With back-to-school now underway, New York state Gov. Kathy Hochul’s smartphone ban, included in her “distraction-free school” policy approved as part of the New York State Fiscal Year 2026 state budget, took effect this fall for the 2025-2026 school year. Gov. Hochul’s goal builds on earlier actions targeting social media, like the SAFE for Kids Act, which limits addictive feeds, and the Child Data Protection Act, which restricts companies from collecting minors’ data. The phone ban continues this agenda, helping to protect and care for students’ mental health and promoting student success in the digital age.
Hochul’s “bell-to-bell” smartphone ban requires that districts ban all personal internet-enabled devices including smartphones, tablets and smartwatches on school grounds for the entire school day. This requires all devices to be switched off and stored throughout the day. Districts must submit plans on how they will manage devices.
There are exceptions for the use of devices to manage a medical condition, language translation, specific educational purposes, and the use of devices as part of a child’s Individualized Education Plan (IEP) or 504 plan. The plan, passed by both the New York state Senate and Assembly, and was signed into law by Hochul as part of the 2026 state budget, applies to public school districts, charter schools, and BOCES schools. Private schools and higher education institutions are not covered by the law.
What’s Included the Smartphone Ban
The smartphone ban prohibits unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K-12 schools for the entire school day. Districts have been allowed to create their own plans for storing smartphones and other devices, with all schools and BOCES programs required to submit their policies by Aug. 1.
The governor’s plan includes $13.5 million in funding for schools who need to purchase storage solutions, and also requires that schools provide parents a way to contact their children during the day when necessary. However, it is currently unclear how districts will ensure that is possible.
Specifically, the statewide standard for distraction-free schools in New York includes the following:
• No unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K-12 schools for the entire school day (from “bell to bell”), including classroom time and other settings like lunch and study hall periods.
• Allows schools to develop their own plans for storing smartphones during the day — giving administrators and teachers the flexibility to do what works best for their buildings and students.
• Secures $13.5 million in funding to be made available for schools that need assistance in purchasing storage solutions to help them go distraction-free.
• Requires schools to give parents a way to contact their kids during the day when necessary.
• Requires teachers, parents and students to be consulted in developing the local policy.
• Prevents inequitable discipline.
• Students will still be authorized to have access to simple cellphones without internet capability, as well as internet-enabled devices officially provided by their school for classroom instruction, such as laptops or tablets used as part of lesson plans.
“New York was the first state to target addictive social media feeds — and now we’re the largest state to restrict smartphones in schools throughout the entire school day,” Hochul stated in May 2025, when the ban was announced. “I know our young people succeed when they’re learning and growing, not clicking and scrolling — and that’s why New York continues to lead the nation on protecting our kids in the digital age.”
Impact on IEP, 504 Plans
Moving forward, it will become necessary to address the use of technology regarding a student’s individualized education plan (IEP) or 504 Plan. There is already significant litigation over the funding of devices and technology regarding IEPs, and it is expected that this litigation will increase with the smart phone ban. Additionally, it is expected that this ban will significantly impact the duration and frequency of suspensions and detentions over smartphone usage. Parents are encouraged to review their district’s code of conduct to learn about their district’s smartphone discipline policy.
The New York state education law attorneys at Tully Rinckey can help you achieve your goals when it comes to your child’s academic well-being and future. If you have questions about IEPs or transition planning, our team of attorneys is available to assist you today. Please call (888) 970-4076 to schedule a consultation or schedule a consultation online.
Nancy Nissen, Esq. is a Partner at Tully Rinckey, PLLC’s office in White Plains, New York, where she primarily focuses her practice on family and matrimonial law, with an additional concentration on labor and employment law. Nancy also has experience in Education Law, assisting family law clients in the areas of IEPs, 504 plans, and dealing with grievances for college students.