How to Get a Missouri SB 68 Device Exemption for Your Child's IEP or 504 Plan

If your child has an IEP or 504 plan and needs an electronic device at school — AAC app, smartwatch, GPS tracker, or anxiety management tool — you can get an exemption from Missouri's SB 68 cell phone ban. The exemption must be written into the IEP or 504 plan as a specific accommodation, using the medical and educational exemption provisions that are explicitly part of SB 68 itself. The school cannot refuse an IEP-mandated device by citing the blanket ban — IDEA's individualized education requirement overrides any general school policy.

What SB 68 Actually Says

Senate Bill 68, effective for the 2025-2026 school year, bans personal electronic devices in all Missouri K-12 public schools during instructional time. This includes cell phones, smartwatches, tablets, and other personal devices.

But SB 68 includes its own exemption provisions. The ban does not apply when:

• A device is required by an IEP or 504 plan as an educational accommodation
• A device serves a documented medical necessity
• A device is part of an instructional program directed by a teacher

The issue isn't that exemptions don't exist — it's that many Missouri schools are enforcing the ban without acknowledging the exemptions. Some administrators either don't understand that IEP accommodations override building policy, or they're counting on parents not knowing the exemption language exists.

Who Needs a Device Exemption

Students using AAC (Augmentative and Alternative Communication): Autistic students and students with speech-language impairments who communicate through apps like Proloquo2Go, TouchChat, or LAMP Words for Life on personal iPads or tablets. Without the device, the student literally cannot communicate. Enforcing SB 68 against an AAC user is functionally equivalent to gagging a speaking child.

Students with GPS trackers for elopement safety: Students with autism or intellectual disabilities who are elopement risks — they leave the classroom or building without warning. GPS-enabled watches (like AngelSense or Jiobit) allow staff and parents to locate the student immediately. Removing the device creates a direct safety hazard.

Students with smartwatches for self-regulation: ADHD students who use smartwatch timers and vibration alerts for task transitions, medication reminders, or anxiety management. The watch is an executive function accommodation, not a toy.

Students with medical monitoring devices: Students with diabetes (CGM readers), seizure disorders (seizure alert devices), or other conditions requiring real-time monitoring through connected devices.

How to Secure the Exemption

Step 1: Determine what the IEP or 504 plan currently says

Review your child's current IEP or 504 plan. Look at the accommodations section. If the device is already listed as an accommodation — for example, "Student will have access to a personal tablet with AAC software throughout the school day" — the exemption is already legally established. The school cannot override an existing IEP accommodation with a building policy.

If the device is NOT currently in the IEP or 504 plan, you need to add it through an IEP amendment or 504 plan revision.

Step 2: Request an IEP amendment or 504 meeting

Send a written request (email with read receipt) to the special education coordinator or 504 plan administrator:

I am requesting an IEP amendment [or 504 plan revision] to add [specific device] as an educational accommodation. My child requires this device for [specific educational or medical purpose]. Under Missouri Senate Bill 68, IEP and 504 accommodations are explicitly exempt from the electronic device ban. I am available for a meeting on [dates].

Keep it brief. You're requesting a meeting, not arguing the case in the email.

Step 3: Prepare for the meeting with documentation

Bring to the IEP amendment meeting:

• Medical documentation (doctor's letter, prescription, or prior evaluation) establishing the need
• Current usage data (how the child uses the device, what it enables)
• The specific SB 68 exemption language
• The exact accommodation wording you want in the IEP

Step 4: Write specific accommodation language

The accommodation in the IEP or 504 plan must be specific enough that no administrator can claim it doesn't apply to SB 68. Example wording:

"Student will have continuous access to [device name/type] throughout the school day, including all instructional periods, transitions, lunch, recess, and non-instructional time. This device is required for [AAC communication / elopement safety / medical monitoring / executive function support]. This accommodation is exempt from Missouri Senate Bill 68 electronic device restrictions per the Act's medical and educational exemption provisions."

Don't write vague language like "access to assistive technology as needed." The word "as needed" gives administrators discretion to confiscate the device during periods they deem non-essential.

Step 5: Get it in the IEP/504 document and obtain a signed copy

The accommodation must appear in the written IEP or 504 plan. Once documented, it has the force of law under IDEA (for IEPs) or Section 504 (for 504 plans). Obtain a copy signed by all team members and dated.

Step 6: Distribute to all relevant staff

Send a brief notification to your child's classroom teacher, building principal, and any staff who supervise transitions, lunch, or recess:

Per [child's name]'s IEP dated [date], [he/she/they] has an accommodation requiring continuous access to [device]. This accommodation is exempt from SB 68. Please ensure [device] is not confiscated during any part of the school day. Contact [special education coordinator] with questions.

What to Do If the School Refuses

If the school denies the exemption or confiscates the device despite the IEP accommodation:

Immediate response:

1. Document the confiscation — date, time, who took the device, what they said
2. Send a written demand for return of the device and implementation of the IEP accommodation, citing the IEP page number and SB 68 exemption provision
3. Request Prior Written Notice under 34 CFR §300.503 — force the district to explain in writing why it is refusing to implement an IEP accommodation

If the district maintains refusal: 4. File a DESE state complaint alleging failure to implement the IEP (violation of 34 CFR §300.323 and 5 CSR 20-300) 5. The complaint should identify the specific accommodation, the dates of non-implementation, and the staff who confiscated the device

Nuclear option (rarely needed): 6. Contact Disability Rights Missouri if the device is a medical necessity and the refusal creates a health or safety risk 7. File an OCR complaint under Section 504 if the student has a 504 plan rather than an IEP

The school cannot legally override an IEP accommodation with a building policy. Period. SB 68's own text exempts IEP-mandated devices. If they refuse, they're violating both the IEP and the statute simultaneously.

The Toolkit Approach

The Missouri IEP & 504 Advocacy Playbook includes the SB 68 device exemption request letter with the exact accommodation wording for IEPs and 504 plans. It also includes the PWN demand letter for when the school refuses, and the DESE complaint template for escalating a non-implementation violation.

This is a newer issue — SB 68 took effect for 2025-2026 — so many generic advocacy resources haven't caught up. Missouri-specific tools that address current legislation give you an advantage over outdated templates.

Who This Is For

• Parents of autistic students who use AAC apps on personal devices
• Parents of students with elopement risk who wear GPS trackers
• Parents of ADHD students who use smartwatches for self-regulation
• Parents of medically complex students with CGM readers or seizure alerts
• Any parent whose child's school is enforcing SB 68 without acknowledging IEP/504 exemptions

Who This Is NOT For

• Parents whose child uses a phone for social or recreational purposes (SB 68's ban legitimately applies)
• Parents whose child doesn't have an IEP or 504 plan (you'll need to establish one first)
• Parents in private schools (SB 68 applies to public K-12 schools)

Frequently Asked Questions

Can the school limit when my child uses the device during the day?

Only if the IEP accommodation specifies limited access. If the accommodation says "continuous access throughout the school day," the school cannot restrict it to certain periods. Be precise in your accommodation language — write "throughout the school day including transitions, lunch, and recess" rather than "during instruction."

What if the school says the device is "distracting to other students"?

Distraction to others is not a legal basis for removing an IEP accommodation. IDEA requires that accommodations be provided regardless of impact on the general classroom environment. If the school raises this concern, they can propose alternative implementation strategies (device stays on silent, visual-only mode) — but they cannot eliminate the accommodation entirely.

Does my doctor need to write a letter every year?

Not if the accommodation is in the IEP. IEPs are reviewed annually, and the accommodation carries forward unless the team decides to remove it. However, having updated medical documentation strengthens your position if the school challenges the continued need.

What about field trips and after-school activities?

If your child's IEP applies to the extended school day (and it should, if the device is needed for safety or communication during all school-supervised activities), the accommodation applies during field trips and school-sponsored activities. Specify this in the accommodation language: "including all school-supervised activities, field trips, and extracurricular programs."

Can the teacher require the device be kept in a backpack or locker?

Not if the accommodation requires the device to be accessible. A GPS tracker in a locker doesn't protect against elopement. An AAC device in a backpack doesn't enable communication. The accommodation should specify "worn on person" or "within arm's reach at all times" depending on the device's function.

What if my child has a 504 plan, not an IEP?

The same exemption applies. SB 68 exempts devices required by both IEPs and 504 plans. The process is slightly different (504 meetings are simpler, no PWN requirement), but the outcome is the same: the accommodation overrides the building policy. If the 504 coordinator refuses, file with the Office for Civil Rights (OCR) rather than DESE, since 504 enforcement falls under Section 504/ADA rather than IDEA.

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