A5292

An Act concerning use of instructional technology in public schools and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known as may be cited as the “Developmentally Appropriate Use of Technology in Schools Act.”

2. The Legislature finds and declares that:

a. Technology and digital learning tools can support instruction, increase access to educational resources, and help students develop the skills necessary for participation in a digital society.

b. A growing body of research indicates that excessive, passive, or developmentally inappropriate screen use may negatively impact student attention, academic engagement, mental health, social interaction, physical well-being, and cognitive development, particularly among younger students.

c. Instructional technology is most effective when intentionally integrated into instruction and used to supplement, not replace, teacher-led instruction, discussion, hands-on learning, collaborative learning, literacy instruction, and other evidence-based instructional practices.

d. Families and educators benefit from transparency regarding how instructional technology, digital platforms, artificial intelligence tools, and online applications are used during the school day.

e. Public schools should retain flexibility to develop technology policies responsive to the needs of their students, educators, and communities while promoting balanced and developmentally appropriate instructional practices.

3. As used in this act:

“Board of education” means a board of education as defined in N.J.S.18A:18A-2, the board of trustees of a charter school, the board of trustees of a renaissance school project, and the governing body of an approved private school for students with disabilities.

“Developmentally appropriate” means aligned with the cognitive, social, emotional, behavioral, and academic needs of students based on age, grade level, and individual learning needs.

“Instructional technology” means any school-issued or school-approved digital device, software program, online platform, application, artificial intelligence tool, or technology-based educational resource used during the instructional day.

“Passive screen use” means screen exposure that does not involve active student engagement, teacher interaction, discussion, creation, collaboration, or instructional participation.

“Public school” means and includes a school under college grade, which is operated by the governing body of a school district, charter school, renaissance school project, and an approved private school for students with disabilities.

4. a. To assist boards of education in developing policies concerning the use of instructional technology during regular school hours, the Commissioner of Education shall develop guidelines applicable to students enrolled in grades kindergarten through 12. The guidelines shall be issued no later than 90 days after the effective date of this act.

b. The guidelines shall, at a minimum:

(1) provide age-appropriate and grade-level differentiated guidelines concerning the use of developmentally appropriate instructional technology in ways that preserve educator professional judgment and academic responsibility, academic integrity, and student privacy;

(2) prioritize teacher-led instruction and identify practices whereby instructional technology supplements, rather than replaces, direct instruction, discussion, collaborative learning, independent reading, writing instruction, hands-on learning, play-based learning where appropriate, outdoor learning experiences, and other evidence-based instructional practices;

(3) require instructional technology to be integrated into instruction for clearly defined educational purposes and implemented in a manner that supports instructional quality, student learning outcomes, and meaningful student engagement, rather than for convenience, entertainment, or passive engagement;

(4) include processes and considerations for evaluating instructional technology for instructional accuracy, developmental appropriateness, usability, effectiveness, and alignment with educational goals;

(5) address the potential impact of instructional technology and screen use on student attention, cognitive load, mental health, social interaction, physical wellbeing, academic engagement, digital safety, healthy technology habits, and opportunities for sustained focus, reading, writing, discussion, and problem solving;

(6) promote student learning and well-being;

(7) complement the commissioner’s guidelines to boards of education on student use of internet-enabled devices pursuant to P.L.2025, c.195 (C.18A:36-40a et seq.);

(8) be consistent with State and federal law, including accommodations provided in the student’s individualized education program established pursuant to the federal “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., or educational plan established pursuant to section 504 of the federal “Rehabilitation Act of 1973,” 29 U.S.C. s.794;

(9) provide for professional development or training opportunities related to balanced and developmentally appropriate technology use, digital citizenship, and instructional best practices; and

(10) detail protocols for communicating the board of education’s policies concerning the use of instructional technology to students, their families, and teaching staff members, including procedures to obtain parental consent or opt-outs where permitted by law.

c. The guidelines may additionally include, but not be limited to, the following:

(1) research-based best practices on developmentally appropriate instructional technology use;

(2) examples of age-appropriate instructional technology practices and considerations by grade level, including developmental considerations related to student screen exposure during regular school hours;

(3) strategies for balancing digital and non-digital instructional practices;

(4) recommendations for promoting student attention, engagement, wellness, and healthy technology habits during regular school hours;

(5) digital citizenship, internet safety, and media literacy resources;

(6) guidance on responsible and developmentally appropriate use of emerging technologies in schools;

(7) parent and family communication resources regarding instructional technology use and student digital wellness; and

(8) sample frameworks, considerations, or model policies that boards of education may voluntarily adopt or modify based on local needs.

d. A board of education shall adopt a policy concerning the use of instructional technology during regular school hours. The policy shall be consistent with the guidelines developed by the commissioner pursuant to this section and be developed and regularly revised based upon input from interested stakeholders in the education community, including, but not limited to, teachers, school leaders, instructional support staff, technology staff, school counselors, parents and guardians, and where appropriate, students.

e. Nothing in this section shall be construed to:

(1) prohibit the use of instructional technology;

(2) require a board of education to adopt screen-time limits;

(3) require the use of any specific instructional technology platform or curriculum;

(4) prohibit instructional technology that is required by a student’s individualized education program, 504 plan, or other accommodation provided pursuant to law;

(5) prohibit the use of instructional technology in virtual, hybrid, career and technical, computer science, or specialized instructional programs; or

(6) prohibit the use of instructional technology required for the administration of Statewide assessments.

f. Each board of education shall retain discretion in developing policies on the use of instructional technology during regular school hours that are responsive to the needs of its students, staff, and community. The guidelines developed by the commissioner pursuant to this section shall not preclude a board of education from exercising discretion in making reasonable accommodations for the use of instructional technology for education purposes.

5. This act shall take effect immediately and shall first apply to the second full school year next following the date of enactment.

STATEMENT

This bill requires the Commissioner of Education to develop guidelines concerning the use of instructional technology during regular school hours for students enrolled in grades kindergarten through 12 and requires boards of education to adopt a policy that is consistent with the guidelines developed by the commissioner.

The guidelines are to, at a minimum: (1) provide age-appropriate and grade-level differentiated guidelines concerning the use of developmentally appropriate instructional technology; (2) prioritize teacher-led instruction and identify practices whereby instructional technology supplements, rather than replaces, direct instruction, discussion, collaborative learning, independent reading, writing instruction, hands-on learning, play-based learning where appropriate, outdoor learning experiences, and other evidence-based instructional practices; (3) require instructional technology to be integrated into instruction for clearly defined educational purposes and implemented in a manner that supports instructional quality, student learning outcomes, and meaningful student engagement; (4) include processes and considerations for evaluating instructional technology; (5) address the potential impacts of instructional technology and screen use on students; (6) promote student learning and well-being; (7) complement the commissioner’s guidelines to boards of education under current law concerning student use of internet-enabled devices; (8) be consistent with State and federal laws, including accommodations provided in the student’s individualized education program and 504 plan; (9) provide for professional development or training opportunities related to balanced and developmentally appropriate technology use, digital citizenship, and instructional best practices; and (10) detail protocols for communicating the board of education’s policies concerning the use of instructional technology to students, their families, and teaching staff members.

The bill also requires each board of education to adopt a policy concerning the use of instructional technology during regular school hours. The policy is to be consistent with the guidelines developed by the commissioner and developed and periodically updated based upon input from various education stakeholders.

Under the bill, the guidelines developed by the commissioner are not to: (1) prohibit the use of instructional technology; (2) require a board of education to adopt screen-time limits; (3) require the use of any specific instructional technology platform or curriculum; (4) prohibit instructional technology that is required by the student’s individualized education program, 504 plan, or other accommodation provided pursuant to law; (5) prohibit the use of instructional technology in virtual, hybrid, career and technical, computer science, or specialized instructional programs; or (6) prohibit the use of instructional technology required for the administration of Statewide assessments.