S4783-118

1. Short title This Act may be cited as the Smart Kids not Smartphones Act of 2024.

2. Definitions In this Act: The terms elementary school, local educational agency, secondary school, Secretary, and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). The term smartphone means a hand-held mobile device that is— designed to enable the user to engage in voice and data communications using wireless communications; capable of connecting to the internet; and capable of accessing digital applications, including social media, internet browsing, text messaging, and streaming services. The term smartphone does not include a phone that offers only a limited capability or set of capabilities (such as placing voice calls and sending text messages), a laptop computer, a tablet device, or a device that has only electronic reading capability. The term smartphone use policy means a policy that, at a minimum, prohibits smartphone use by students in classrooms during instructional hours, except— for use in emergencies; for use in educational instruction or educational enrichment activities; for use by students with exceptional needs or children with disabilities; or for use in other circumstances as determined by the Secretary.

3. Recognition Award Program for schools that implement smartphone use policies to prohibit smartphone use by students during instructional hours Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a non-monetary, non-competitive award program to annually recognize elementary schools and secondary schools that have implemented and enforce a smartphone use policy. In carrying out the award program established under paragraph (1), the Secretary— shall maintain on the Department's website a publicly available list of all schools that received an award under paragraph (1) in the preceding year, including each school's smartphone use policy; and may determine additional methods of recognizing schools that receive an award under paragraph (1). An elementary school or secondary school that seeks to receive an award under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including— a description of the applicant’s smartphone use policy and related enforcement mechanisms for such policy; and a description of the applicant’s student, parental, and family engagement efforts to receive input in developing and enforcing such policy, including families of children with disabilities. The Secretary shall make an award to each elementary school and secondary school that— submits an application under subsection (b); and implements and enforces a smartphone use policy. The Secretary— shall publish on the website of the Department of Education guidance for elementary schools and secondary schools related to smartphone use policies; and in consultation with the Director of the National Institute of Standards and Technology and the Director of the National Science Foundation, shall publish on the website of the Department of Education smartphone use policy enforcement mechanisms.

4. Recognition Award Program for local educational agencies and state educational schools The Secretary shall establish a non-monetary, non-competitive award program to annually recognize local educational agencies for which 100 percent of the elementary schools and secondary schools served by such agencies— have received an award under section 3; or meet eligibility requirements described in section 3(c)(2) by implementing and enforcing a smartphone use policy. In carrying out the award program established under paragraph (1), the Secretary— shall maintain on the Department's website a publicly available list of all local educational agencies that received an award under paragraph (1) in the preceding year; and may determine additional methods of recognizing local educational agencies that receive an award under paragraph (1). The Secretary shall establish a non-monetary, non-competitive award program to annually recognize State educational agencies for which 100 percent of the local educational agencies served by such State educational agencies— have received an award under subsection (a); or meet eligibility requirements described in subsection (a)(1). In carrying out the award program established under paragraph (1), the Secretary— shall maintain on the Department's website a publicly available list of all State educational agencies that received an award under paragraph (1) in the preceding year; and may determine additional methods of recognizing State educational agencies that receive an award under paragraph (1).

5. Sunset The programs authorized under this Act shall cease to exist effective on the date that is 10 years after the date of enactment of this Act.