Wisconsin recently joined thirty-five (35) other states in enacting state-wide legislation regarding student use of cell phones and other electronic devices in school. 2025 Wisconsin Act 42 (“Act 42”) was enacted on October 31, 2025, and mandates that all school districts adopt a policy by July 1, 2026, prohibiting students from using wireless communication devices during instructional time.
Policy Prohibitions
Act 42 defines a wireless communication device as “a portable wireless device that has the capability to provide voice, messaging, or other data communication between 2 or more parties.” Act 42 explicitly states that the term “wireless communication device” includes a cellular telephone, a tablet computer, a laptop computer, and a gaming device. However, the required prohibition does not apply to school district-issued devices.
Act 42 also provides four (4) exceptions to the ban on using wireless communication devices during instructional time. First, a school district’s policy must allow the use of personal wireless communication devices in the event of an emergency or perceived threat, such as a student medical emergency or a threat of school violence. Second, a school district’s policy must allow students to use personal wireless communication devices to manage their health care, such as cell phone apps that monitor a student’s blood sugar levels. Third, a school district’s policy must allow students to use a personal wireless communication device that is included in their individualized education program (“IEP”) or Section 504 plan, such as a device with assistive technology applications that the student accesses to engage in their education. Fourth, a school district’s policy must allow a teacher to authorize the use of a personal wireless communication device during instructional time for educational purposes.
Open Questions/Local Control
Although the prohibition is limited to instructional time, Act 42 does not define “instructional time.” At this time is unknown whether the Department of Public Instruction (“DPI”) will interpret instructional time as synonymous with the term “direct instruction” under Wis. Stat. § 121.02(1)(f), which mandates the hours of instruction a school district must provide each year and provides that recess and transition times are included but the lunch period is not. Similarly, it is unclear how the prohibition may apply to non-traditional educational environments, such as field trips. Thus, DPI may need to provide further guidance on how Act 42 will apply.
Under Act 42, a school district’s policy may include consequences for violations, and the new statute explicitly references confiscating a device for the remainder of the school day as a possible consequence. However, Act 42 does not require that the school district’s policy state potential consequences for violating the policy.
Act 42 also retains local control over wireless communication devices. The revised statute is clear that school districts retain the right to impose stricter prohibitions on students using and/or possessing personal wireless communication devices at school. Thus, school boards may wish to consider whether the limitations in Act 42 are sufficient to meet the school district’s needs.
Annual Notice Requirements
As previously noted, school districts must adopt a policy complying with Act 42 no later than July 1, 2026. School boards must also provide a copy of their compliant policy to DPI no later than October 1, 2026. Additionally, school districts must notify DPI annually, no later than October 1, that the Board did not adopt any changes to the policy submitted the previous year, or provide a copy of the revised policy that was adopted. In turn, DPI is required to submit the policies and updated policies to the Office of School Safety in the Wisconsin Department of Justice and the Legislature’s nonpartisan service agency, the Legislative Council.
Conclusion
The impact of Act 42 may be largely symbolic, as many school districts already maintain policies and rules regarding the use of cellphones and other communication devices during the school day, particularly during instruction. School districts should still review their existing policies on student cell phones and other communication devices to ensure they clearly govern wireless communication devices beyond cell phones and meet or exceed the restrictions required under Act 42.
