Legal Update for Special Education Law – Updates from the Ohio Department of Education & Workforce
Ohio Implements New Technology Policy Across All Public Schools
As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced to adopt a policy governing cell phone use during school hours. Prior to House Bill 250 being passed, most teachers were given discretion to decide if cell phones would be used in their classrooms. This statutory change allows school districts to decide the best approach to technology at a district level, rather than at a classroom level. At the time the law was passed, the Department of Education and Workforce released a model policy which forbids student use of cell phones at all times. Notably, while a total ban is the state’s preferred policy, it is not required that all school districts adopt it.
Importantly, the Bill 250 does include a few critical exceptions. First, if included in a student’s IEP or Section 504 plan, a student may use phones or other electronic communication devices for learning. This flexibility is crucial because there are thousands of Ohio children with special needs who use assistive technology. The second exception is for those students who may need their phones to monitor or address a health concern. The American Diabetes Association, for example, has noted that many students with diabetes use medical devices that require access to a smart phone to monitor their health and share data with school nurses and caregivers. These exceptions are critical to ensuring students’ health and/or learning are not harmed by the statute.
Legal Update for Special Education Law – April 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.