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West Virginia School Cell Phone Law (HB 2003): What It Requires

West Virginia's HB 2003 bars student access to personal electronic devices for use in classroom settings during instructional time. County boards set storage and penalties, and a classroom setting includes gyms and common areas where instruction occurs.

State lawsBy Brian Ohebshalom and Noah Fakheri, LockedIn’s co-founders

3 min read

West Virginia school cell phone law: key facts

Enacted (instructional / district policy)
Statute or action
HB 2003 (2025)
Citation
W. Va. Code § 18-2-47 (enacted as § 18-2-46)
Signed or issued by
Gov. Patrick Morrisey,
Takes effect
July 9, 2025 (county policies from the 2025–26 school year)
Scope
Devices not accessible for use in a classroom setting during instructional time (including gyms and common areas where instruction occurs)
Exceptions
Documented medical need, IEP, 504 or written accommodation plan, County-approved work-based learning (optional)
Enforcement
County policy sets storage and escalating penalties; violations logged in WVEIS
  • Statute: W. Va. Code § 18-2-47, enacted by HB 2003 (which designated it § 18-2-46) and approved April 29, 2025
  • Devices may not be accessible to students for use in a classroom setting during instructional time
  • "Classroom setting" includes gyms, common areas and any area where instruction occurs
  • County boards decide whether devices may be on school property and, if so, how they are stored
  • Violations must be documented in WVEIS; each school improvement council reviews progress yearly
  • "Instructional day" runs from the start of the first instructional period to the end of the last, including transitions between classes; storage rules apply for that day

Funding: Phone-free school grants and paste-ready application language.

Primary source: W. Va. Code § 18-2-47(opens in a new tab). Last verified . Not legal advice: confirm with your counsel.

Yes. West Virginia has a statewide law on student phones in school. West Virginia's HB 2003 bars student access to personal electronic devices for use in classroom settings during instructional time. County boards set storage and penalties, and a classroom setting includes gyms and common areas where instruction occurs.

What HB 2003 requires

  • • County boards must adopt a policy for implementation at the beginning of the 2025–26 school year.
  • • Personal electronic devices may not be accessible to students for use in a classroom setting during instructional time; "classroom setting" includes classrooms, gyms, common areas and other areas where instruction occurs.
  • • Policies must state whether devices are permitted on school property and, if they are, where and how they are stored; counties may require containers or pouches.
  • • Policies must exempt students with a documented medical need, IEP, 504 plan or other written accommodation, with a timeline and the specific devices covered; counties may allow devices for approved work-based learning.
  • • Policies must set penalties for first, second and later offenses, allow confiscation, and require schools to document violations in WVEIS.
  • • Counties must share the rules with students and families, each Local School Improvement Council must review implementation and discipline data yearly, and each school must publish how parents can reach students.

The emergency wording for every state, D.C. and Puerto Rico is in school phone ban emergency exceptions by state.

The key provision, verbatim

“all personal electronic devices shall not be accessible to students for use in a classroom setting during instructional time, with the exception of exemptions set forth in this policy.”

Source: W. Va. Code § 18-2-47(d)

Timeline

  1. Legislature completes action on HB 2003
  2. Gov. Patrick Morrisey approves HB 2003 (2025 Acts, ch. 93)
  3. The new section (now W. Va. Code § 18-2-47) takes effect, 90 days from passage

Where phones must be kept

Devices must not be "accessible to students for use in a classroom setting during instructional time"; each county decides whether devices may be on school property and, if so, where and how they are stored, and may require containers or pouches.

Because West Virginia's law turns on where the phone physically is, software on a student's phone does not by itself satisfy it. App-based locking, including LockedIn, can only add to the storage the law requires, not replace it.

Checklist for West Virginia administrators

  1. Confirm the county policy states whether devices are allowed on school property and, if so, where and how they are stored.
  2. Check that violations are recorded in WVEIS and that penalties escalate for repeat offenses.
  3. Make sure each medical, IEP or 504 exemption is documented with a timeline and the specific devices allowed.
  4. Publish the parent-communication protocol and share the rules through signs, handbooks and school websites.
  5. Put the policy and discipline data on each Local School Improvement Council's annual agenda.

Frequently asked questions

Does West Virginia have a school cell phone law?

Yes. HB 2003 (2025), signed by Gov. Patrick Morrisey on April 29, 2025, is a statewide law on student phones in school. Scope: Devices not accessible for use in a classroom setting during instructional time (including gyms and common areas where instruction occurs).

Is it illegal to have your phone in school in West Virginia?

No. The law does not make having a phone a crime. W. Va. Code § 18-2-47 bars student access to personal devices for use in classroom settings during instructional time, and each county board decides whether devices may be on school property at all.

Does West Virginia ban phones at lunch?

The state rule covers classroom settings during instructional time, which includes gyms, common areas and any area where instruction occurs. Whether phones are allowed at other times, such as lunch, is set by each county policy.

When did West Virginia's school phone law take effect?

HB 2003 took effect July 9, 2025, 90 days after passage, and county policies applied from the beginning of the 2025–26 school year.

Does the West Virginia law apply to private schools?

No. W. Va. Code § 18-2-47 places the duty on county boards of education.

How many states have school cell phone laws?

As of October 27, 2026, 44 states and D.C. have a statewide law, executive order or state board policy that requires public schools to restrict student phones or adopt a phone policy, and West Virginia is one of them. 6 states have no statewide requirement.

Sources for West Virginia

Phone rules change with new bills, administrative rules and local board policy. Checked against these sources on . Not legal advice: confirm with counsel before you adopt policy language.

Compare every state: which states ban phones in school, or find your state’s education agency through the U.S. Department of Education’s state contacts.