From the new school year, phones may be banned during lessons: but there are exceptions
Phones, tablets, and smartwatches during lessons in Ukrainian schools may in the future be subject to legislative prohibition. It is proposed that students do not use such devices during classes, except in cases when they are necessary for educational or medical needs. At the same time, the introduction of new rules is currently postponed — the initiative was recommended for revision, and the Ministry of Education and Science was suggested to develop a comprehensive mechanism for the use of digital devices in schools.
The bill proposed to ban gadgets during lessons
The Verkhovna Rada Committee on Education, Science, and Innovations reviewed the draft Law of Ukraine "On Amendments to Article 53 of the Law of Ukraine 'On Education' regarding the obligations of education seekers not to use phones, tablets, and smartwatches during lessons except for educational and/or medical needs" 15105.
The purpose of the bill is to address the problem of students being distracted from the educational process and other related issues associated with the use of phones, tablets, and smartwatches, except in cases when they are necessary for educational or medical needs.
The document proposed amendments to Article 53 of the Law of Ukraine "On Education" and to establish at the legislative level the obligation for education seekers not to use phones, tablets, and smartwatches during lessons unless related to educational or medical needs.
After discussing the issue, the members of the Committee unanimously recommended the Verkhovna Rada return the bill to the author for revision based on the results of its first reading.
Additionally, the Committee recommended that the Ministry of Education and Science, together with interested parties, develop comprehensive approaches to regulate the use of digital devices during the educational process in general secondary education institutions.
What the law currently provides
As previously reported by "Judicial фтв Legal Newspaper", current legislation does not contain a direct prohibition on students using mobile phones during the educational process. Because of this, educational institutions do not have clearly defined legal authority to restrict gadget use.
At the same time, Article 23 of the Law of Ukraine "On Education" grants schools autonomy in organizing the educational process, so they can establish their own internal rules, including regarding the use of mobile devices.
Currently, Article 53 of the Law of Ukraine "On Education" obliges education seekers to comply with the educational program requirements, adhere to principles of academic integrity, respect the rights and dignity of participants in the educational process, follow the internal rules of the educational institution, take care of their own health, and report cases of violence or abuse. The law does not contain a separate provision banning the use of phones during lessons.
Why the discussion about gadgets in schools arose
Educational Ombudsman Nadiya Leshchyk previously noted that the lack of legislative regulation creates practical difficulties. In particular, the procedures for storing phones, responsibility for their safekeeping, and legal grounds for temporary confiscation remain undefined, since gadgets are private property of students.
According to her, a mobile phone in certain situations can perform an important protective function. In particular, it allows recording possible violations of the rights of participants in the educational process, cases of bullying or abuse. This right follows from Article 32 of the Constitution of Ukraine and paragraph 4 of part four of Article 21 of the Law of Ukraine "On Information." In some cases, video or audio recordings can be important evidence for responding to unlawful behavior and help restore a safe environment at school.
At the same time, uncontrolled use of digital devices also has negative consequences. Gadgets can distract students from learning, reduce concentration, affect live communication and physical activity. Additionally, there are risks of access to undesirable content, development of dependence on digital devices, and manifestations of cyberbullying.
However, the bill's author did not provide data in the explanatory note confirming the scale of the problem or indicating that gadget use is the main cause of declining education quality.
Phone ban and bullying documentation
It is worth noting that the Ministry of Education and Science has already proposed updating the procedure for responding to bullying cases and applying educational measures.
The draft amendments provide that the head of the educational institution will consider reports of possible bullying within 24 hours. If signs of bullying are confirmed, the director must immediately notify parents, the police, and the child protection service.
Against the backdrop of these changes, the issue of mobile phone use gains additional importance. After all, it is often with the help of phones that students can record cases of bullying or other violations of the rights of participants in the educational process, and video or audio recordings can serve as evidence during the investigation of such facts. That is why the Committee recommended not adopting a separate ban in its current form but to develop a comprehensive mechanism that simultaneously considers the needs of the educational process, children's rights, and their safety.
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