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    Law No. 21.801: prohibition and regulation of the use of mobile devices in educational establishments

    Mobile phones outside the classroom: legal implications and challenges for educational institutions.

    What does the new regulation consider? 

    From the beginning of the 2026 school year, Law No. 21.801 comes into force, which amends the General Education Law in order to prohibit and regulate the use of mobile electronic personal communication devices in educational establishments.


    It aims to reduce the excessive use of mobile phones and other similar devices within the educational community, establishing a general ban on the use of mobile electronic personal communication devices during curricular activities, with special emphasis on their use in the classroom. Furthermore, this regulation is not only limited to students, but applies to the entire educational community.


    Establishments providing kindergarten, primary and secondary education have until 30 June 2026 to update their internal regulations, incorporating the regulation required by law.


    What is their purpose?

    • To promote the safe, responsible, pedagogical and formative use of digital content and technologies during the educational process.
    • To restore concentration and human bonding in the classroom.
    • Encourage social interaction and community gathering, such as team games and group exercises during breaks, in order to discourage excessive use of mobile devices.
    • Article 10 of the law extends the responsibility for the use of technology beyond the school environment and school hours, reinforcing the duty of supervision and the co-responsibility of families in accompanying children and adolescents.

    What is meant by mobile electronic devices?

    In accordance with Article 10 ter, mobile electronic personal communication devices are understood to be those means that allow telecommunication, access to the internet network to maintain telecommunication interaction and consult digital content or platforms, such as: mobile phones, smart watches and devices with internet access in the classroom.


    Implementation:

    Each establishment must regulate the implementation of this Law in its Internal Regulations, including:

    • Procedures and measures to enforce the ban.
    • Mechanisms and conditions applicable to the use of mobile devices.
    • Consequences of non-compliance.
    • In the case of secondary education, internal regulations may provide for the authorisation of the use of these devices in certain spaces, timetables or specific activities, taking into account the progressive autonomy of students.

    In addition, the State will develop informative actions aimed at the population and, especially, at educational communities, regarding the impact of the use of mobile devices by students in kindergarten, primary and secondary education.


    When can they be used?

    The law provides for specific exceptions, the application of which requires objective criteria and to be accredited by parents or guardians, as appropriate:

    • Special educational needs that require the device as technical support.
    • Health conditions that require periodic monitoring.
    • Emergencies, disasters or catastrophes.
    • Pedagogical or extracurricular use in primary or secondary education.
    • A well-founded and temporary request for reasons of personal or family safety of the student.

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