Marc H. Zitomer, the chair of Schenck, Price, Smith & King’s School Law Practice Group, sat down with Ray Pinney, chief membership engagement officer at the New Jersey School Boards Association, to explore how schools are implementing policies surrounding student cell phone use on the latest episode of “Education Matters.”

It was a timely conversation, as the U.S. Department of Education recently urged every school district to adopt policies that guide the use of student personal devices in schools and made available a new resource, “Planning Together: A Playbook for Student Personal Device Policies,” as reported in last week’s issue of School Board Notes.

Zitomer, who has been practicing law for almost 30 years, says one of the main functions of a school board is to set policy, so they are absolutely within their purview and scope of authority to set policies surrounding how students use cell phones in school.

He noted that many school districts are concerned about a growing body of research that indicates a high level of cell phone use is having a negative impact on the mental health of students. Cell phones can also be a tremendous distraction that can negatively affect student achievement, he said.

However, there is no one-size-fits-all policy for districts to tackle this critical issue, he said. He noted that he’s seen some schools institute policies that give a level of flexibility to high school students, allowing them to have their phones on during lunch and while in between classes, but a more stringent policy at the middle and elementary levels, requiring those students to keep their phones in a locker or backpack throughout the day.

Other schools, he noted, have students put their phones in a pouch and retrieve it at the end of the day, an approach that was highlighted in an article published in the summer 2024 issue of School Leader magazine.

During the video podcast, Zitomer said that what is often the best approach involves collecting input from students on what type of policy is reasonable and what is not. It can also be helpful to get feedback from parents, he said.

The more buy-in you have, the more likely the policy you adopt will be successful, he said.

Watch the video podcast with Zitomer and Pinney.