Nebraska Gov. Jim Pillen’s cellphone ban in schools advances

Thomas Barwick via Getty Images

The Legislature advanced LB140 to second reading Monday with bipartisan support, 44-0, with five lawmakers not voting or excused.

This article was originally published by Nebraska Examiner.

LINCOLN — One of Nebraska Gov. Jim Pillen’s priorities advanced to the second round of debate with a vote on Monday, as a statewide cell phone ban in schools inched closer to becoming law. 

The bill would ban student use of personal electronic devices, such as cellphones, on school grounds or while attending a “school instructional function,” such as field trips. But it would leave school districts wide latitude in approving student cellphone use, including some exceptions.

State Sen. Rita Sanders of Bellevue. July 25, 2024. (Zach Wendling/Nebraska Examiner)

Senators advanced Legislative Bill 140 Monday with bipartisan support, 44-0, with five lawmakers not voting or excused. 

The proposed law moved out of the Education Committee 7-0, with one member absent. Pillen said during its public hearing last month that the bill focuses on student mental health and that he should have pushed the legislation earlier in his term as governor.  

“The evidence, in my view, is crystal clear: Our kids are being harmed by their constant exposure to these things,” Pillen said at the time. 

Several other states have pushed for similar legislation on students’ cell phones with similar bipartisan support, but some experts warn that these types of restrictions could be outdated or challenging for classroom teachers and schools to enforce. State Sen. Terrell McKinney of Omaha echoed similar concerns. 

“Most schools already have these policies, which are good,” McKinney said on the floor. “The only thing I think about is how these school districts will enforce this.” 

McKinney added that there might be an uptick in classroom discipline issues because kids will be kids. During the same hearing at which Pillen testified, State Sen. Megan Hunt of Omaha voiced caution about whether students could quickly access phones in emergencies, such as during school shootings. 

The bill addresses such concerns with exceptions. LB 140 would allow students to use cellphones at school in the following circumstances:

If needed as part of a student’s special education plan.When authorized by a school district for educational purposes during instructional time.In cases of emergency or “perceived threat of danger.”When necessary to monitor or manage a student’s health care.When otherwise determined appropriate by the school board or otherwise allowed by an appropriate school employee.

Should the bill pass, all of Nebraska’s 245 school districts would have to adopt device-related policies to conform to the law by the start of the 2025-26 school year. The bill doesn’t apply to private schools. Enforcement and possible disciplinary action for violating the guidelines, if any, would be left up to individual school districts

“It’s time to prioritize student success by eliminating unnecessary distractions,” said State Sen. Rita Sanders of Bellevue, the sponsor of LB 140.

In a possible hint of tension within the Legislature, State Sen. Machaela Cavanaugh of Omaha used her time to speak during the debate as a “shot across the bow” because the Nebraska Legislature has shown her that it’s “going to screw over the poorest people in the state for just pettiness.” 

“I’m going to make this body fight like hell for the things that don’t benefit low-income people,” Cavanaugh said. “You’re going to have to fight like hell for it, not this bill, even though it had some opposition, I’m not opposed to it.”

Editor’s Note: This story has been revised to reflect the round of debate advanced. 

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