In the 21st century, technology has evolved in ways that was once unimaginable, both inside and outside the classroom. Technology, including cellphones, has enabled educators to help students learn in new and innovative ways. However, the benefits of using cellphones for educational purposes are sometimes outweighed by students’ tendency to misuse cellphones resulting in distractions to the learning environment. Some districts and schools have implemented policies banning phones entirely or limiting their use to emergencies.
On October 31, 2025, Governor Tony Evers signed into law 2025 Wisconsin Act 42 (Assembly Bill 2) to create a statewide ban on the use of cellphones in classrooms. By July 1, 2026, the new law requires public school boards to adopt policies that prohibit students from using wireless communication devices, including cellphones, during instructional time. The term, “wireless communication device” includes: a cellphone, a tablet computer, a laptop computer, and gaming devices. Wis. Stat. § 120.12(29)(b)1.
The required policy will include the following exemptions to the general prohibition on the use of wireless communication devices: (1) in the event of an emergency or threat; (2) to manage a student’s healthcare; (3) for special education purposes or a plan developed under Section 504 of the Rehabilitation Act of 1973; or (4) for educational purposes when use is authorized by a teacher during instructional time. Wis. Stat. § 120.12(29)(b)2.
No later than October 1, 2026, Act 42 requires school boards to submit a copy of their policy to the Wisconsin Department of Justice (DOJ). The statute also requires school boards to notify the Wisconsin DOJ no later than October 1, 2027, and each October 1 thereafter, of any changes made to the policy in the previous school year and to submit the revised policy.
School boards should review any existing policies they have related to the use of wireless communication devices to ensure that they comply with the requirements of the new Wis. Stat. § 120.12(29). If school boards do not have a policy governing the use of wireless communication devices, they should establish a policy consistent with those requirements.
If you have any questions about this Legal Update, or need assistance in reviewing your current policy or establishing a new policy, please contact Attorney Aleah Loll at aloll@buelowvetter.com or 262-409-7313, or your Buelow Vetter attorney.
