What do you do with legislation that cuts into the middle of how Oregonians live their lives, when most people want it but many are sharply opposed?

The short answer: Test it, when that’s possible. Launch a suggested solution, but keep specifics general enough that details emerge through trial and error. That can mean requiring local governments to act but encouraging them to become the laboratories where we learn what works well or not.

Today’s subject is cell phone use in schools, during school hours, for which Oregon House Bill 2251 passed the House on a mostly party-line 36-21 vote this week. It is aimed at banning cell phone use throughout the school day, and for the moment, it seems well positioned to become law. 

A House committee already considered more than a half-dozen amendments and more are expected in the Senate, but the suggestion here is to simplify. 

This is one of the hottest subjects this year in the Oregon Legislature. It goes right to the heart of how Oregon’s school children and their parents have been accustomed to organizing their days. 

At the same time, many parents and children are accustomed to being able to communicate instantly, and many students would not like the idea of giving up their phones for so many of their waking hours. The first submitted testimony on the new Oregon bill, in opposition to it, declared it “a solution in search of a problem. Let the school districts govern themselves.” 

But the large number of people saying the problem is real, and the limited action on it by local districts, suggest that isn’t enough. Gov. Tina Kotek and the state Department of Education have registered support for restrictions; the department last year issued proposed model policies, without specifically imposing any. 

Pressure is strong for kicking the phones at least partly out of the classroom.

The districts around the state are a policy jumble. Some have prohibition policies of various kinds in place; others do not. Portland Public Schools on Jan. 7 approved a rule similar to the current bill. Some are studying options. The Reynolds School District put together a work group which concluded, “We recommend an all-day ban on personal device use for grades K-12.” The state does not track comprehensively what the local districts do about this.

HB 2251, which is intended to require districts to ban use of “personal electronic devices”  would be more specific. It requires school districts to adopt a cell phone policy, and sets requirements for elements that must be included, and a lengthy list of exemptions (mainly medical, emergency and educational) to phone bans.

How all those specifics will play out is unclear. What the Oregon Legislature could do, possibly ratcheting down the heat, is something like what the Idaho Legislature just did.

The Idaho measure, Senate Bill 1032, was simply a broad mandate to create local rules on the use of cell phones. Its key section said, “The provisions of this section shall not be construed to require a local school board or public charter school to adopt a policy that prohibits all use of electronic communications devices by students. However, local school boards and public charter schools may adopt a policy prohibiting students from carrying electronic communications devices in school buildings and on school grounds or premises during school hours. A local school board or public charter school that adopts such policy shall be considered to have met the requirement to adopt a policy under this section.”

Presumably, that will generate a good deal of action and discussion in school districts statewide, and by the time of next year’s legislative session, educators and legislators will have a clearer sense of what’s working and where the glitches are. 

Oregon may also find that simpler, for now, is better. A legislature that requires local districts to set up rules will get a much clearer answer by next year than they could get from evaluating reactions to a one-size-fits-all bill.

Randy Stapilus has researched and written about Northwest politics and issues since 1976 for a long list of newspapers and other publications.