2025 WISCONSIN ACT 42
An Act to repeal 118.258 (title) and (1); to renumber and amend 118.258 (2); to amend 119.04 (1); to create 115.28 (38) and 120.12 (29) of the statutes; relating to: requiring school boards to adopt policies to prohibit the use of wireless communication devices during instructional time.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
42,1bSection 1b. 115.28 (38) of the statutes is created to read: 115.28 (38) Prohibited uses of wireless communication devices; policies. Within 14 days after receiving a policy or updated policy under s. 120.12 (29) (d), submit the policy or updated policy to the office of school safety in the department of justice and the legislative council.
42,1cSection 1c. 118.258 (title) and (1) of the statutes are repealed. 42,1eSection 1e. 118.258 (2) of the statutes is renumbered 120.12 (29) (c) and amended to read: 120.12 (29) (c) Annually, if the school board adopts rules under sub. (1), it shall provide each pupil enrolled in the school district with a copy of the rules policy under par. (a).
42,1nSection 1n. 119.04 (1) of the statutes is amended to read: 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 118.58, 120.12 (2m), (4m), (5), and (15) to (27), and (29), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.
42,2Section 2. 120.12 (29) of the statutes is created to read: 120.12 (29) Prohibited uses of wireless communication devices. (a) By July 1, 2026, adopt a wireless communication device policy that prohibits pupils from using a wireless communication device, other than a school district-issued wireless communication device, during instructional time. A school board may include in the policy under this paragraph consequences for a pupil violating the policy, including confiscating a pupil’s wireless communication device for the remainder of the school day.
(b) Include all of the following in a policy under par. (a):
1. That "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:
a. A cellular telephone.
b. A tablet computer.
c. A laptop computer.
d. A gaming device.
2. Exceptions to the prohibition required under par. (a) for all of the following:
a. In the event of an emergency or a perceived threat.
b. To manage the pupil’s health care.
c. A use included in a pupil’s individualized education program or a plan developed under section 504 of the federal Rehabilitation Act of 1973.
d. A use authorized by a teacher for educational purposes during instructional time.
(d) 1. By no later than October 1, 2026, submit a copy of the policy under par. (a), or if applicable, a policy that is more restrictive than what is required under this subsection, to the department.
2. By no later than October 1, 2027, and each October 1 thereafter, notify the department of whether changes were made to the policy submitted under this paragraph in the previous school year, and if changes were made, submit the updated policy to the department.
(e) Nothing in this subsection prohibits a school board from adopting a policy relating to the use or possession of wireless communication devices by pupils that is more restrictive than what is required under this subsection.
