Twin bills codifying restrictions on student cellphone use, and barring schools from suspending violators, have become law.

Both General Assembly chambers voted to adopt a change recommended by Gov. Glenn Youngkin when the legislature reconvened on April 2.

House Bill 1961, sponsored by Del. Sam Rasoul, D-Roanoke, directs 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 bill is identical to Senate Bill 738, sponsored by Sen. Stella Pekarsky, D-Fairfax.

Youngkin’s amendments specify that cellphones are not to be used during the “bell to bell” school day. The legislation defines the term to mean any time between the first bell that starts instructional time to the dismissal bell, including lunch and time between class blocks.

The House of Delegates voted unanimously to adopt the change in HB 1961 and 91-2 the change in SB 738. The Senate concurred unanimously with Youngkin’s recommendations on both bills.

Youngkin had issued an executive order last year calling for “cellphone free education,” blaming cellphones for a statewide surge in teen mental health crises and mandating the devices not be used during the bell-to-bell instructional day.

The legislation codifies 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.

Isle of Wight County Schools Superintendent Theo Cramer and School Board Chairman Jason Maresh had each pushed back last fall on the suspension prohibition, stating it would hamstring enforcement. According to IWCS spokeswoman Lynn Briggs, over 50 phones have been confiscated across Smithfield and Windsor high schools and there have been a handful of in-school and out-of-school suspensions for repeat offenders this school year.

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 until the time they exit. The School Board voted to codify those procedures into a formal written policy in November.

Surry County Public Schools already had procedures in place prior to Youngkin’s order prohibiting cellphones for elementary students and requiring that middle and high school students turn off their phones and store them out of sight during instructional time.