A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-29-245 SO AS TO PROHIBIT THE USE OF DIGITAL DEVICES BY STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE, TO PROHIBIT THE USE OF DIGITAL DEVICES BY TEACHERS IN PROVIDING INSTRUCTION TO STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE, TO PROVIDE EXCEPTIONS, AND TO DEFINE NECESSARY TERMS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 29, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-29-245. (A) As used in this section:

       (1) "Digital device" means any electronic hardware, whether personally owned or provided by a school or school district, that is capable of accessing, processing, storing, displaying, receiving, or transmitting data including, but not limited to, devices used for instructional, educational, assessment, communication, or personal purposes. The term includes, but is not limited to, desktop computers, laptop computers, tablet computers, cellular telephones, smartphones, smartwatches, e-readers, handheld electronic devices, and any other portable or nonportable electronic equipment with computing or network connectivity capabilities. The term does not include:

           (a) medical devices or assistive technology devices required by a student's individualized education program (IEP), Section 504 plan, or documented medical need;

           (b) equipment that is integral to the operation of school facilities and not assigned for student use including, but not limited to, projectors, interactive whiteboards, or classroom display panels when used solely for whole-class instruction under the direct control of an educator; or

           (c) calculators or similar single-purpose devices that lack the capability to access the internet or transmit data.

       (2) "Parent" means a parent or legal guardian of a student.

       (3) "Social media" means a form of interactive electronic communication through an internet website or application by which a user creates a service-specific identifying user profile to connect with other users of the internet website or application for purposes of communicating and sharing information, ideas, news, stories, opinions, images, videos, and other content.

    (B) Except as provided in subsection (C), each school district and charter school that serves students in any of the grades kindergarten through fifth grade shall prohibit:

       (1) students in any of the grades kindergarten through fifth grade from accessing digital devices at school;

       (2) teachers and other employees of the school district or charter school from using a digital device to provide instruction to students in any of the grades kindergarten through fifth grade; and

       (3) teachers and other employees of the school district or charter school from administering an assessment to students in any of the grades kindergarten through fifth grade in an electronic format.

    (C) This section does not:

       (1) apply to public virtual schools;

       (2) supersede a school district's or charter school's obligation to comply with the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., Section 504 of the Rehabilitation Act, 29 U.S.C. Section 794, or the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.; or

       (3) apply to the administration of a universal screener adopted by the State Board of Education, a dyslexia screening, a state-adopted benchmark assessment, or any other assessment required by the State.

 

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----