Publication

11 February 2026

New Law Prohibits Students from Using Wireless Communication Devices – Effective 2026-2027 School Year

Governor Gretchen Whitmer signed House Bill 4141 and Senate Bill 495 on February 10, 2026. Collectively, this amends the Revised School Code, specifically MCL 380.1303a, to require a school district’s board of education to adopt a policy prohibiting students from using a wireless communications device during instructional time effective for the 2026-2027 school year. While some school districts have already implemented bans or stringent restrictions on such devices, the law will likely require updates to district policies to comply with the new statutory requirements.

Defining a Wireless Communications Device

The law defines a “wireless communications device” 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.” This definition includes cell phones, but is also applicable to other devices such as laptops, tablets, smartwatches, and smart glasses if these devices are capable of the functions listed in the definition – which many are.

However, the law excludes a “basic telephone” from the ban, which is defined as “a device primarily used for voice calling that cannot support third-party applications, except those preinstalled, and does not support access to internet platforms via applications or web browser.” While most modern cell phones constitute a “wireless communications device” as defined by the law, school districts may, but are not required to, exclude a “basic telephone” from the ban.

Adoption of a Policy for the 2026-2027 School Year

To comply with the new law for the 2026-2027 school year, school districts must adopt a policy and post that policy on the district’s website that includes the following:

  • Prohibits students from using wireless communications device on school grounds during instructional time. “School grounds” is defined as “a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school.”
  • Enforcement mechanisms. The statute leaves enforcement mechanisms to the discretion of school districts. Mechanisms may include staff monitoring and/or instructing students to keep wireless communications devices in lockers or cubbies.
  • Statutorily required exemptions to the ban:
    • Medically necessary devices,
    • School district owned/issued devices (e.g. tablets, laptops),
    • Devices used for instructional purposes,
    • Devices used for special education programming and/or as an accommodation (Section 504 Plan under Section 504 of the Rehabilitation Act or Individualized Education Program under the Individuals with Disabilities Education Act),
    • Devices used for lesson-specific academic assignments in teachers’ discretion, and
    • Devices used in emergency situations as described in the district’s emergency operations plan under Section 1308b.

To note, the statute explains that school districts may impose additional restrictions regarding student use of wireless communications devices beyond the statutory requirements. The law provides a minimum, not a maximum, for school districts.

Adjusting Emergency Operations Plans

The statutory amendment to MCL 380.1308b requires school districts to tweak their emergency operations plans (“EOPs”) to address when and how students are permitted to use wireless communications devices during emergencies covered by the district’s EOP. This does not require that students be able to use such devices during an emergency, but the EOP must be adjusted to address student expectations of whether they can use wireless communications devices during emergencies and any limitations. In other words, student wireless communications device use is not statutorily required during an emergency, but the EOP must be amended to address wireless communications devices.

Recommendations

It is recommended that school districts contact their policy provider and/or legal counsel regarding implementation of these new statutory requirements. Miller Johnson’s School Policy Service clients can expect an updated policy in Spring of 2026 implementing the legal changes.

School districts should also begin planning for implementation with administrators, instructional staff, students, and parents.

If you have any questions or would like guidance, please contact the Education Practice Group at Miller Johnson.