The lawyer explained the rights of schoolchildren and teachers when banning phones in the classroom

Starting from September 1, 2024, students are prohibited from using mobile phones during classes, but teachers cannot automatically pick up devices only because of violations of this rule. On August 26, Liana Aleksakhina, a lawyer and founder of the Trust Agency, told Izvestia about the use of smartphones in educational institutions.

According to the expert, the ban is fixed in Part 1 of Article 43 of the Federal Law "On Education in the Russian Federation" and applies to students enrolled in primary, basic and secondary general education programs. At the same time, the legislation provides for exceptions. You can use the phone during the lesson in case of a threat to the life or health of the child, as well as in other emergency situations.

"The teacher has the right to demand that the student stop using the smartphone and remove it. However, federal legislation does not establish a separate authority to take a personal device and store it until the end of the lesson or school day," the lawyer said.

According to her, the phone is the property of the student or his parents, and the right of ownership is protected by law. Therefore, by itself, a student's violation of the ban on using a smartphone does not automatically give the teacher the right to pick up the device.

"The teacher's requirement to hand over the phone to him personally, followed by storage until the end of lessons or the school day, cannot be automatically considered legitimate just because the student violated the ban on its use," the expert explained.

At the same time, the school can independently determine the procedure for handling mobile devices in its local regulations. For example, an educational organization may specify that the phone must be turned off and put away during classes.

The school can also arrange for the voluntary transfer of phones for temporary storage, for example, in special cabinets or individual containers. However, this procedure should be communicated to students and parents in advance, and the rules of storage and responsibility for the safety of devices should be clearly defined.

According to Aleksakhina, if a student violates the ban on using a phone during a lesson, the school can fix the violation and apply disciplinary measures provided for by law and internal documents.

At the same time, banning smartphones in the classroom does not mean that the child becomes completely inaccessible to parents during the entire school day. In case of urgent need, you can contact the minor through the school administration, the secretary, the homeroom teacher or another responsible employee.

Aleksakhina stressed that the federal ban specifically concerns the time of training sessions. The use of phones during recess may be regulated by the rules of a particular educational organization.

According to the expert, it is important for parents to familiarize themselves in advance with the communication procedure established at school. If an educational organization requires that phones be stored in a special place during lessons, it should provide an understandable way to make emergency contact with the child.

Separately, the lawyer drew attention to the use of smart watches. If the device has a SIM card or other mobile communication function and allows you to make calls, send messages or use communication in any other way, it is also prohibited during training sessions. At the same time, ordinary electronic watches without a mobile communication function are not automatically subject to such restrictions only because of the availability of additional functions.

The Minister of Education of the Russian Federation Sergey Kravtsov announced on the same day that from September 1, 2026, new requirements for the use of mobile phones during classes will begin to apply in Russian schools. According to the minister, the restrictions have already been fixed by federal legislation.