Legislation would allow localities to set cellphone rules, for better 'buy in'

Virginia Gov. Glenn Youngkin’s cellphone ban in K-12 schools will go into effect on Jan. 1, 2025, but some lawmakers want to give localities the option to establish their own policies.

Youngkin issued Executive Order 33 earlier this year, which outlined the reasons behind the ban: cellphones are a distraction and potentially worsen students’ mental health.

The order cites mental health concerns caused by social media usage amongst children, as well as growing suicide and depression rates. Suicide rates have increased 167% since 2010 for girls and 91% for boys, according to the governor’s office. Depression rates have spiked 145% for girls and 161% for boys.. 

Children spend an average of 4.8 hours a day on social media, according to the order. Recent studies indicate more than three hours a day spent on social media doubles the risk of poor mental health for adolescents.

The Virginia Department of Education released its final guidance on Sept. 16. The parameters of the ban were set at “bell-to-bell,” which includes between classes and during lunch or recess periods. There are exemptions for students with medical needs in their specialized health care plans, which was included based on feedback. 

The department received nearly 6,000 public comments and feedback. Many comments reinforced the importance of cellphone free education, according to the VDOE. The organization concluded many families want to help teachers focus on learning, make sure students develop critical communication skills and avoid social media drama. 

The most parental concern was over emergency contact and health care. 

The new guidelines include how the ban should be implemented at different levels of education:

• In elementary schools, cellphones are not used inside the school or on the grounds. If a parent wants their child to bring a device, it has to be turned off and stored away from the student bell-to-bell. 

• In middle schools, local divisions must make policies about the usage of cellphones outside the bell-to-bell instructional period, such as before and after school, at events or on the school bus. Otherwise, they must be turned off and stored elsewhere. 

• In high schools, students may use cellphones before or after school. During the instructional period, they must be turned off and stored elsewhere. 

Giving localities more say

Sen. Schuyler VanValkenburg, D-Henrico, is a parent and has taught for 20 years – most recently in high school. He has seen the introduction of multiple technologies during his tenure. But the most pivotal technology has been the smartphone, with its apps, he said. 

Last session, VanValkenburg introduced a bill to regulate addictive social media feeds. The bill passed the Senate but was continued to 2025 in the House. On Nov. 18, the bill was left in a committee, or officially dead. The average adult is distracted by their phones, much less the average child, VanValkenburg said. 

“That device is going to be a constant pull on your attention,” VanValkenburg said. “And I think that's really been the thing that has most changed schools, technologically, and it's become obviously a problem getting in the way of teaching reading, writing, math, you know, these other things.”

This upcoming session, VanValkenburg is co-patron on Senate Bill 738, which requires localities to have a cellphone usage policy for public school students, but allows them to develop their own rules. The chief patron is Sen. Stella Pekarsky, D-Fairfax. Another co-patron is Sen. Ghazala Hashmi, D-Richmond. 

The bill gives districts the option of keeping the bell-to-bell policy set by Youngkin, or loosening them.

“If the administrators, the schools don't buy in, it's not going to work,” VanValkenburg said. “They pull in a policy and they see that they need to tweak it, they'll have the leeway to do it.”

California Gov. Gavin Newsom called for a similar ban in June. Newsom signed the Phone-Free School Act into law on Sept. 23. The bill requires school districts to develop policies around cellphone usage by July 1, 2026.

“I don't think Gavin Newsom and Glenn Youngkin agree on anything,” VanValkenburg said. “I don't think either would be happy to have their name in the same sentence, but the fact that you see those two governors essentially asking for the same thing tells you all you need to know.”

There is a bipartisan effort underway, after conversations about mental health and distraction ramped up nationally post COVID-19, according to VanValkenburg. 

U.S. Rep. Rob Wittman, R-VA, supports Youngkin’s cellphone ban. Removing distractions will improve the wellbeing of students’ and positively affect learning outcomes, he stated in an email.

“While cellphones can be helpful educational tools in certain settings, permitting unrestricted cellphone use can be counterproductive to cultivating healthy learning environments,” Wittman stated. “By limiting screen time, we can help restore students’ engagement and ensure that classrooms are spaces where every child can thrive.”

Beth Holmes is a parent, and a counselor at Amelia High School. Students have benefitted from cellphone policies and some have said they have better focus, according to Holmes. 

“Her grades went from like C’s, D’s, and F’s to, she just made honor roll this last quarter,” Holmes said.

The final guidance for Youngkin’s cellphone ban states all localities must develop an emergency communication plan. 

The Department of Criminal Justice Services has guidance on how to construct an emergency plan. The procedures would include information about how and when to contact parents should an emergency occur.