How Does New York State's Smartphone Ban Impact My Child's IEP Or 504 Plan?

New York state's new smartphone ban in schools has left parents and guardians wondering how the ban might impact their student's individualized education plan (IEP) or 504 Plan.

New York state Gov. Kathy Hochul's smartphone ban, included in her "distraction-free school" policy approved as part of the New York State Fiscal Year 2026 state budget, is now in effect the 2025-2026 school year. This law is in the spirit of earlier actions by New York state in targeting social media usage by minors, such as the SAFE For Kids Act, which limits addictive social media feeds, and the Child Data Protection Act, which prevents companies from collecting a minor's data. The new law's stated purpose is to help protect and care for students' mental health and promote student success in the digital age.

The "bell-to-bell" smartphone ban requires that districts ban all personal internet-enabled devices including smartphones, tablets and smartwatches on school grounds for the entire school day. This requires all devices be switched off and stored throughout the day, and districts were required to submit plans on managing devices. Passed by both the New York state Senate and Assembly, the ban was signed into law by Hochul as part of the 2026 state budget, and applies to public school districts, charter schools, and BOCES schools. Private schools and higher education institutions are not covered by the law.

Exceptions to the Ban, Including IEPs & 504 Plans

Fortunately, for students with IEPs or 504 Plans, there are exceptions for the use of devices to manage a medical condition, language translation, specific educational purposes, and the use of devices as part of a child's IEP or 504 Plan.

The policy may not prohibit the use of an internet-enabled device where the use is included in a student's IEP or 504 Plan.

IEPs are written documents that outline the specific educational needs, goals, and services required for a student with disabilities. The primary purpose of an IEP is to ensure that students have access to a free and appropriate public education (FAPE) in the least restrictive environment possible. IEPs are mandated by the federal Individuals with Disabilities Education Act (IDEA).

A 504 Education Plan is a formal document that outlines accommodations and supports students with disabilities, ensuring they have equal access to education under Section 504 of the Rehabilitation Act of 1973.

Further, while the general use of internet-enabled devices is restricted, the written policy may authorize student use of such a device on an instructional day under specific circumstances including:

• if authorized by a teacher, principal, or local education agency for a specific educational purpose;
• when necessary for the management of a student's health care;
• in the event of an emergency;
• for translation services; and
• for a student who is routinely responsible for the care and well-being of a family member.

It is important for parents and guardians to address the use of technology regarding a student's IEP or 504 Plan, or other needs. There is already significant litigation over the funding of devices and technology regarding IEPs, and it is expected that this litigation will increase with the smart phone ban moving forward.

What's Included the Smartphone Ban

The smartphone ban prohibits unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K-12 schools for the entire school day. Districts have been allowed to create their own plans for storing smartphones and other devices, with all schools and BOCES programs required to submit their policies by Aug. 1.

The governor's plan includes $13.5 million in funding for schools who need to purchase storage solutions, and also requires that schools provide parents a way to contact their children during the day when necessary. However, it is currently unclear how districts will ensure that is possible.

Specifically, the statewide standard for distraction-free schools in New York includes the following:

• No unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K-12 schools for the entire school day (from "bell to bell"), including classroom time and other settings like lunch and study hall periods.
• Allows schools to develop their own plans for storing smartphones during the day — giving administrators and teachers the flexibility to do what works best for their buildings and students.
• Secures $13.5 million in funding to be made available for schools that need assistance in purchasing storage solutions to help them go distraction-free.
• Requires schools to give parents a way to contact their kids during the day when necessary.
• Requires teachers, parents and students to be consulted in developing the local policy.
• Prevents inequitable discipline.
• Students will still be authorized to have access to simple cellphones without internet capability, as well as internet-enabled devices officially provided by their school for classroom instruction, such as laptops or tablets used as part of lesson plans.

"New York was the first state to target addictive social media feeds — and now we're the largest state to restrict smartphones in schools throughout the entire school day," Hochul stated in May 2025, when the ban was announced. "I know our young people succeed when they're learning and growing, not clicking and scrolling — and that's why New York continues to lead the nation on protecting our kids in the digital age."

Parents or guardians of students with IEP or 504 Plans are strongly encouraged to review their district's code of conduct to learn about their district's smartphone discipline policy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.