Guidance for Teachers: Personal Device Law & Special Education/504 Exceptions

Authors: Donna Clemens, Outreach Assistive Technology Consultant, Texas School for the Blind and Visually Impaired, TSBVI

The issue of student use of cell phones at school has become a national concern. A quick search online of whether students should be allowed to have phones in school shows a variety of pros and cons. In Texas, however, the debate has become mute for most students, for beginning with the 2025-2026 school year, the State of Texas implemented House Bill 1481, restricting student use of personal electronic devices (such as cell phones) during instructional time. The purpose of this law was to reduce distractions and support student engagement in learning.

Exception for Students with Disabilities

While House Bill 1481 limits personal device use, it also recognizes the rights of students with disabilities. Under federal law (IDEA and Section 504 of the Rehabilitation Act), schools must provide accommodations and supports that allow students equal access to instruction. This means:

• If a student’s IEP (Individualized Education Program) or 504 Plan specifies the use of a personal device (cell phone, tablet, etc.) as an academic accommodation or assistive technology, the student must be allowed to use that device.
• Denying access to the device in these cases would be considered non-compliance with the student’s legal rights.

Examples of Approved Uses

• Text-to-speech or speech-to-text support
• Screen readers, braille displays, or magnification software
• Communication apps or augmentative/alternative communication (AAC) tools
• Health or safety monitoring devices (e.g., diabetes apps, seizure alert technology)
• Organizational supports (reminders, schedules, timers, etc.)

Teacher Responsibilities

1. Review student IEPs and 504 Plans carefully to identify any device-related accommodations.
2. Allow access to personal devices when specified in the plan.
3. Collaborate with special education staff or 504 coordinators if unsure about when or how a student may use a device.
4. Ensure non-stigmatization: students using devices for academic or accessibility reasons should not be singled out or penalized.
5. Maintain classroom expectations: device use must be connected to the student’s educational needs, not general personal use.

Documentation and Support

• Keep a copy of the accommodation plan accessible for quick reference.
• If a student requests to use a device but the accommodation is not written into their plan, refer the student to the ARD/504 committee for review.
• Contact campus administration or special education/504 staff if there are difficulties or challenges with implementation.
  

Key Takeaway

The new Texas law restricts personal device use, but federal disability rights law requires exceptions for students with IEPs or 504 Plans. Teachers play a vital role in ensuring that students who need these devices for learning and accessibility are supported appropriately.

Reference

Texas House Bill 1481, 89th Leg., Reg. Sess. (2025). https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01481F.htm