Rep. Haggerty, Massachusetts House Pass Bill to Protect Children from Social Media, Restrict Cell Phones in Schools

Bill also requires school districts to educate students on the responsible use of social media

BOSTON – State Representative Richard M. Haggerty (D-Woburn) recently joined his colleagues in the House of Representatives to pass legislation protecting children from the harmful effects of social media and eliminating cell phone distractions in the classroom.

“As a parent, I see every day how much our kids are pulled toward their screens and how much social media shapes the way they see themselves and the world around them,” said Representative Haggerty. “Our children deserve to learn in an environment free from distraction, and grow up without being exposed to addictive algorithms and harmful content before they are ready. This legislation is a common-sense step to protect our children both in the classroom and online.”

Provisions of the legislation include:

Social Media Ban for Children

• Requires social media companies to implement an age verification system based on the best technology available in order to reasonably and accurately identify a current or prospective user’s age
• Prohibits minors under the age of 14 from social media platforms, by requiring platforms to terminate users under said age and delete associated personal information effective October 1, 2026.
• Requires social media platforms to acquire verifiable parental consent for 14- and 15-year-old users of their platforms
• Platforms must publicly post information related to:
  • The number of users processed using the age verification system
  • The number of users granted access to the social media feed due to the age determination appeal process
  • The number of users denied access to the social media feed due to the user not meeting age requirements
  • The number of users granted access to the social media feed after providing the platform with verifiable parental consent
  • The number of account user age verification review requests
  • The number of accounts subsequently terminated for not meeting age requirements due to account user age verification review requests
• Platforms found to be in violation of these requirements will be subject to civil fines. 
• Prohibits social media platforms from sharing information about a minor’s LGBTQ+ status or other characteristics protected under state law. 
• Directs the Department of Elementary and Secondary Education (DESE), the Attorney General’s Office (AGO) and the Department of Public Health (DPH) to provide guidance to districts on effective instruction on social media use. 
• Directs the AGO  to promulgate regulations for online protections, annually review the definition of “social media platform,” and maintain a public platform for reporting potential violations.

Requirements for School Districts

• Must implement a policy prohibiting the use of personal electronic devices as determined by the School Committee. Districts must implement the policy during the school-day and during school sponsored activities occurring during the school-day. Districts must also notify parents of said policy and ensure that parents still have the ability to contact their children during the school day and vice versa. This prohibition can be put into effect by way of:
  • Secure storage of personal electronic devices
  • The use of technology that renders personal electronic devices inoperable
  • Other methods, which will require the approval of DESE
• Must file their policy annually, no later than September 1^st, to DESE. 
• Districts must make accommodations and exceptions as necessary, including for students with: IEPs or disabilities that require the use of personal electronic devices; documented medical needs, including to treat or monitor a health condition; language access and translation needs, as authorized by the superintendent or a designee. Accommodations and exceptions must also be made in the event of an emergency.

Requirements for DESE

• Provide guidance, recommendations, and a model policy to help districts with developing and implementing effective policies regarding the prohibition of personal electronic devices during the school day
• Includes discipline safeguards to ensure that expulsion/suspension can’t be imposed solely for violating device policies.
• Includes DESE reporting requirements on implementation device policies, and effects of social media education.

Pilot Program 

• DESE must issue a request for proposals for a pilot program in which 10 districts may participate that shall provide for a technological means of rendering a personal electronic device inoperable on school grounds during the school day. 
• DESE may select one or more bidders to provide such technology. In making such selection, DESE must consider the technology’s:
  • Compliance with state and federal privacy laws;
  • Flexibility to allow districts to provide access to applications other than those designed for texting or talking;
  • Ability to allow parents and students to communicate with each other;
  • Ability to allow communication between students and emergency providers (911)
• The geo-fencing pilot includes privacy safeguards, including that providers can’t collect data for advertising or profiling.

The bill passed the House of Representatives 139-25. Having passed the Senate already, the bill now goes back to the Senate for further consideration.