Student cellphone limits raise concerns over disability rights
Advocates say screen time limits could hinder access to general curriculum for students with disabilities.
As schools take a tougher stance against student cellphone and device use at school, disability rights advocates are warning administrators to consider the civil rights of students with disabilities who require assistive technology to access learning.
In a statement earlier this month, the Council of Parent Attorneys and Advocates, a nonprofit that works to protect the legal rights of students with disabilities, said the federal Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 give students the right to use assistive technology, auxiliary aids and other accommodations.
It’s not uncommon for schools, parents and students to determine that a student with a disability needs full-time, part-time or specific allotted access to use a computer, tablet, cellphone, apps or other devices as part of their individualized education program or Section 504 plan, the statement said.
That’s prompted concerns about schools limiting devices. “We’re very fearful that this will push us backwards … and have harmful effects on students,” said Denise Marshall, CEO of COPAA.
IDEA regulations also require that IEP teams consider whether each student would benefit from assistive technology. Some of the supports assistive technology can provide to students include text-to-speech, large font, digital recorders, calculators and voice recognition software.
Some special education and technology experts also are saying generative artificial intelligence has the potential to enhance education accessibility and personalized learning, although it also poses challenges and risks.
There were 7.5 million students served under IDEA in the 2022-23 school year, and 1.6 million served only under Section 504 in the 2020-21 school year, which is the most recent data available. It is unclear how many of these students used assistive technology.
Concerns and questions
Earlier this year, the U.S. Department of Education issued a resource for administrators, special educators and parents that sought to dispel myths about assistive technology, such as the incorrect assumption that school districts don’t have to provide assistive technology if they can’t afford it.
Marshall said COPAA has had ongoing concerns about inconsistent access to assistive technology for students. The movement to limit cellphones and other devices in schools elevates those concerns, she said.
While some state and local cellphone and device policies explicitly make exceptions for students with disabilities who have rights to access assistive technology, those carve-outs raise questions, Marshall said.
For example:
- Would one student with disabilities’ ability to access technology in a general education classroom where devices were prohibited cause that student to be stigmatized or violate health privacy protocols?
- Will cellphone bans result in the segregation of students who are allowed to use devices?
- And will parents be burdened with ensuring that their child’s IEPs allowing for assistive technology are honored in schools where technology is being limited?
“We have a grave concern that they will further jeopardize access to general education in the least restrictive environment,” Marshall said.
Marshall is also worried about disproportionate rates of discipline for students violating cellphone bans, even if their IEPs permit their use.
A survey conducted by the National Parents Union found that 78% of polled parents want their children to have cellphone access during the school day in case there’s an emergency, according to survey results released Sept. 6. Some 45% of parents supported cellphone use during the school day to communicate with their children about their mental health and other needs.
A Kaiser Family Foundation paper released Sept. 5 pointed out the challenges with cellphone bans, which include navigating enforcement, accommodating exceptions and ensuring equity.
Seven states — Florida, Indiana, Louisiana, Minnesota, Ohio, South Carolina and Virginia — have passed policies that ban or restrict cellphone use in schools as of Sept. 4, according to KKF. States and districts that are restricting screen time in schools say devices have distracted students from academic work and face-to-face socialization.
About 97% of 11- to 17-year-olds use their phones during the school day, according to a Common Sense Media survey from 2023, with the highest portion of time spent on social media.
Marshall recommends that school administrators take a proactive approach to assistive technology use in schools by providing educators and families with trainings and information about students’ civil rights to access the tools. School leaders should also review policies and procedures that conflict with students with disabilities’ legal rights and their access to the general education curriculum.