Twin bills that would codify restrictions on student cellphone use, but also bar schools from suspending violators, are on their way to Gov. Glenn Youngkin’s desk after passing both General Assembly chambers.

House Bill 1961, which is sponsored by Del. Sam Rasoul, D-Roanoke, would direct school boards to implement “developmentally appropriate” policies to “restrict, to the fullest extent possible, student cellphone possession and use in the classroom during regular school hours” and reduce bullying that “could be caused or facilitated by student cellphone possession” on school property. The final version passed the Senate in a 21-19 party-line vote and was agreed to by the House in a 75-22 vote on Feb. 20 that saw 24 Republicans side with Democrats in support.

The bill is identical to Senate Bill 738, sponsored by Sen. Stella Pekarsky, D-Fairfax. The final version of Pekarsky’s bill passed the House 73-23 and the Senate 21-18 along party lines.

Youngkin had issued an executive order last year calling for “cellphone free education,” which blamed cellphones for a statewide surge in teen mental health crises and mandates the devices not be used during the bell-to-bell instructional day. The twin bills would codify exceptions for students with individualized education plans or accommodations under section 504 of the federal Rehabilitation Act who use the devices to “monitor or address a health concern” provided they’re written into that student’s 504 plan or IEP. The bills would further “expressly prohibit any student from being suspended, expelled, or removed from class” for violating the policy.

The bills drew a mix of support and opposition from legislators who represent Isle of Wight and Surry counties.

State Sen. Lashrecse Aird, D-Petersburg, who represents Surry County, voted for both bills. State Sen. Emily Jordan, R-Isle of Wight, voted against both.

Del. Nadarius Clark, D-Suffolk, and Del. Otto Wachsmann, R-Sussex, who each represent portions of Isle of Wight County, both voted in favor of HB 1961. A breakdown of how House members voted on the final version of SB 738 was not available on Virginia’s Legislative Information System as of Feb. 27.

Isle of Wight County Schools Superintendent Dr. Theo Cramer and School Board Chairman Jason Maresh had each pushed back last fall on the suspension prohibition, stating it would effectively bar enforcement.

Prior to Youngkin’s order, Isle of Wight County Schools had allowed largely unrestricted student cellphone use in common areas such as cafeterias and hallways at the high school level, and at teacher discretion in grades 4-12 classrooms. IWCS began new procedures at the start of the school year requiring students at all grade levels to keep their phone turned off and in their backpacks or bags from the time they enter the school to the time they exit.

The School Board voted to codify those procedures into a formal written policy in November, by which time there had been five cellphone confiscations and one suspension for repeated violations.

According to IWCS spokeswoman Lynn Briggs, over 50 phones have been confiscated between both high schools and there have been a handful of in-school and out-of-school suspensions for repeat offenders.

“Should Governor Youngkin sign the bill into law, we will update our procedures accordingly to comply with the new criteria,” Briggs said.