In November of last year, we published a Legal Update regarding the passage of 2025 Wisconsin Act 42 (“Act 42”), which created Wisconsin statute 120.12(29) to mandate that all Wisconsin school districts adopt a policy by July 1, 2026, prohibiting students from using wireless communication devices during instructional time. As indicated in the November Legal Update, Act 42’s policy mandate only applies to instructional time, but fails to provide a specific definition of such, allowing for differing interpretations until the Department of Public Instruction (DPI) provides additional guidance.
Even before this mandate takes effect, the Wisconsin Legislature is already looking to expand Act 42’s mandate to restrict student use of wireless communication devices during the school day instead of prohibiting student use of wireless communication devices only during instructional time.
On February 11, 2026, the State Assembly Committee on Education voted to move Assembly Bill 948 (“AB 948”)[1] to the Assembly floor after holding a public hearing. AB 948 would repeal Wis. Stat. § 120.12(29) as created by Act 42 and replace it with new Wis. Stat. 120.12(30). AB 948 is largely the same as current law, with the primary difference being the replacement of the statutory language instructional time, with the statute’s new term, school day. AB 948 retains several aspects of the current law, including the definition of “wireless communication device”[2] and the four exceptions to the policy’s prohibition,[3] however there are some other notable differences from current law.
First, unlike Act 42’s failure to define instructional time, AB 948 defines school day to mean “the scheduled hours of direct pupil instruction, recess, time for pupils to transfer between classes, and lunch period on each day on which school is in session.” The inclusion of this definition would assist in developing and enforcing policy.
Second, AB 948 would authorize school districts to take specific actions to effectuate the purpose of the statute. Specifically, the proposed legislation would authorize, but not require, school districts to include the following provisions in their required board policy:
- A school district may require on-site storage of students’ wireless communication devices during the school day, including the use of “pouches” that students place their devices into and which can only be unlocked at a base which is kept in a central location (i.e., the school office); and
- A school district may institute a complete prohibition of student possession of wireless communication devices at school.
.
The additional options would be incorporated into the new version of the law notwithstanding the exceptions that must currently be incorporated into policy under Wis. Stat. § 120.12(29), recognizing that a device cannot be used in an emergency if it is inaccessible during the school day or altogether not permitted to be at school. It is unclear then if under current law school districts may not take measures to limit student access to their devices during the school day, so as to keep them available in the event of an emergency while still prohibiting their use during instructional time. AB 948 would clarify this for school boards.
If enacted, the provisions of AB 948 would take effect July 1, 2027. This means that current Wis. Stat. 120.12(29) would remain law until June 30, 2027, after which it would be repealed and replaced with new Wis. Stat. 120.12(3). To become law, AB 948 and SB 957 still need to be passed independently in the Assembly and Senate respectively, and thereafter, be signed by the Governor.
Importantly, regardless of what happens with these proposed bills, school districts must still adopt a policy compliant with the provisions of current Wis. Stat. § 120.12(29). Such policies must be adopted prior to July 1, 2026, and subsequently submitted to DPI by October 1, 2026. If AB 948 were to become law, school boards may need to again amend their policies if their adopted policy only restricts use during instructional time (as opposed to a more restrictive policy covering the school day). The proposed law does not specify a date by which a compliant policy must be adopted, but does require submission of the adopted policy by October 1, 2027, regardless of whether the policy is revised as a result of the law change.
We will continue to monitor developments in this area and provide updates as appropriate. Districts must continue to prepare and ultimately adopt a policy compliant with current Wis. Stat. 120.12(29) by July 1, 2026, and may not wait to see whether AB 948 becomes law to do so.
[1] The Wisconsin Senate’s companion bill, Senate Bill 957 (SB 957), was introduced on February 6, 2026, and has been referred to the Senate Committee on Education. Reference to AB 948 in this article includes reference to SB 957.
[2] Under both Act 42 and AB 948, “wireless communication device” means a portable wireless device that has the capability to provide voice, messaging, or other data communication between 2 or more parties and includes all of the following: (1) a cellular telephone, (2) a tablet computer, (3) a laptop computer, and (4) a gaming device.
[3] Under both Act 42 and AB 948, the school board policy shall list four exceptions to student use of wireless communication devices: (1) in the event of an emergency or perceived threat, (2) to manage a pupil’s health care, (3) use in accordance with a student’s IEP or Section 504 plan, and (4) use authorized by a teacher for educational purposes during instructional time.
