A new act signed into law this year will eliminate the kind of scenes shown above during school hours. The FOCUS Act calls for cell phones and other wireless devices to be off and off the person at school. Shown above, from left, are students Lizzie Lockhart, Corey Hooper and Titus McCarley.
MARION COUNTY — School begins tomorrow for the 2025-2026 school year for Marion County Schools and today for Winfield City Schools. What do students, and parents, need to know about the new legislature act concerning cell phone use in schools?
The new act is called the FOCUS Act, which stands for Freeing Our Classrooms of Unnecessary Screens for Safety. It was signed into law by Governor Kay Ivey on May 14.
The act defines wireless communication devices as a cellular telephone, tablet computer, laptop computer, pager, gaming device or any other portable electronic device identified in a wireless communication device policy that
has the capability of exchanging voice, messaging or other data communication with another electronic device.
Marion County Schools
While Marion County Schools have had a policy in place for the past year, the biggest change taking place is the fact phones and all wireless devices must be off and stored off their person. Devices must be stored in a locker, car or similar storage location. Even those students involved in extracurricular activities must follow the rules of the coach or sponsor.
“We already had a cell phone policy,” Marion County Schools Superintendent Dr. Patrick Sutton said. “The new law says a cell phone or digital device cannot be on your person. Our policy had said it had to be off and out of sight. Before, the student could have had the phone in their pocket, but as long as it was off and out of sight, we were okay.”
Offenses and what will happen if students are caught with a device are listed in the 2025-2026 student handbook for Marion County Schools and is as follows:
First offense: Phone/device will be confiscated for the remainder of the day;
Second offense: Phone/device will be confiscated for the remainder of the day. Parent/guardian will be notified and required to pick up phone. Student will receive a warning;
Third offense: Phone/device will be confiscated for the remainder of the day. Parent/guardian will be notified and required to pick up phone. Student will receive one day of in-school suspension;
Fourth offense: Same as third offense except student will receive three days of in-school suspension; and
Fifth offense: Same as third offense except student will receive five days of in-school suspension.
“Cell phones have been a big problem for schools,” Sutton continued. “That’s why we actually were out in front of this issue a year before the legislature. I support the intent of the law.
“Cell phones are such a big part of our culture now. It’s hard to totally get them out of the schools. We continue to try to improve our enforcement and make sure every teacher, every administrator, is enforcing our policy.”
Sutton explained cell phones can interrupt instructional time but also for disciplinary reasons. For example, a student may want to do something disruptive and have a video recorded, then uploaded to social media.
“We’ve seen fights where the students knew the fight was coming, and so they videoed it,” Sutton continued. “I feel like (phones) encourage sometimes behavior that is not good.
“In general, cell phones have been a huge distraction from learning. The more we can do to get those out of the classroom and the school, the better.”
However, Sutton also wanted students to understand there is no problem using phones at the end of the day to contact parent(s) about being picked up. The problem with cell phones in the classroom is the disruption of instructional time, whether it is a student or teacher.
“Our teachers are in the classroom to provide instruction for students. Anything, whether it’s cell phones or anything else, taking away from that purpose is a problem.
“Now that this is more than just a local policy, now a law, I’m hoping that parents, teachers, students and everybody involved buys into this and understands it’s for the good of the school and we see an even greater improvement in this area.”
Winfield City Schools
Winfield City Schools’ policy is similar. In their adopted policy, a wireless communication device is listed as the same as defined in Marion County Schools, with the addition of air pods. Further, the devices are to be turned off and stored in a locker, vehicle or other such storage location during the instructional day.
Winfield has defined the instructional day as follows: when school is open and in session; during class time, lunch, transitions between classes and any non-instructional periods; and any other times students are required to do so by the school system’s code of conduct or other school rules or are instructed to do so by school staff.
“School officials may read, examine or inspect the contents of any wireless communication device upon reasonable suspicion that the device contains evidence of a violation of board policy, the code of conduct or other school rules, provided that the nature and extent of such examination shall be reasonably related and limited to the suspected violation,” the policy also stated.
“It’s going to be similar to what the folks around us are doing,” Winfield City Schools Superintendent Randy Thomley stated. “According to the law, children cannot have their phone during the regular hours of the school day, and they have to be turned off, so we’ve said that our children can keep them in their backpacks off their person, or in their cars if they drive.
“We have places in each of the schools where they can hang their book bags up, some cubbies and other places, and each teacher will give instructions to the students about how to be sure that they secure their devices.
“Before school when a child rides a bus to school and when a child gets on a school bus after school hours, they will be allowed to have their devices, but according to the law, they can’t have them during the school day.
“Like everyone, we’re learning, and we’re going to try to really work with our children and our families. We have to abide by the law, but we also understand it’s a learning curve for everybody.”
Additionally, a social media course will be taught this upcoming school year for select grades.
“Children will get an hour course on the risks and benefits of social media,” Thomley continued. “We will do this with our seventh grade students and eighth grade students this year, then after this year, it will just be offered to seventh graders. They will have an online course that will be offered to help them understand good use of social media.”
See complete story in the Journal Record.
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