Policy 5136: Personal Communication Devices

The Board of Education is committed to providing educational environments that support students fully engaging with classmates, teachers, and instruction. Use of personal communication devices ("PCDs") shall be limited during school hours and during school-related events and functions in accordance with this policy and the Student Code of Conduct.

 Personal Communication Device ("PCD") is defined in Bylaw 0100 - Definitions.

 Nothing in this policy prohibits a student from using a PCD for student learning or to monitor or address a health concern, in accordance with the student's individualized education program or Section 504 plan.

 Students are prohibited from using a PCD except:

  1. when the teacher authorizes a student to use a PCD for educational purposes during instructional time;
     

  2. when the Principal authorizes a student to use a PCD for educational purposes during instructional time;
     

  3. during the student's lunch break;
     

  4. between classes;
     

  5. during school-related events and functions (e.g., after-school activities, extra-curricular activities); or
     

  6. while riding in school vehicles (Distracting behavior that creates an unsafe environment shall not be tolerated and may result in the loss of use of the PCD while in a school vehicle.).

 Students are prohibited from using PCDs in a manner that infringes on a person's reasonable expectation of privacy. This includes using PCDs in locations and circumstances where a student may be changing clothes or in any stage of undress, such as locker rooms, shower facilities, and restrooms/bathrooms. The Superintendent and building principals are authorized to determine other specific locations and situations where the use of a PCD is absolutely prohibited.

 PCDs, including but not limited to those with cameras, may not be activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. 

 Students are expressly prohibited from using covert means to listen-in or make a recording (audio or video) of any meeting or activity at school. This includes placing recording devices, or other devices with one- or two-way audio communication technology (i.e., technology that allows a person off-site to listen to live conversations and sounds taking place in the location where the device is located), within a student's book bag or on the student's person without express written consent of the Superintendent. Any requests to place a recording device or other device with one- or two-way audio communication technology within a student’s book bag or on a student’s person shall be submitted, in writing, to the Superintendent. The District representative shall notify the parent(s), in writing, whether such request is denied or granted within five (5) days.

 Students may not use a PCD in any way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated. See Policy Board 5517.01 - Bullying and Other Forms of Aggressive Behavior. In particular, students are prohibited from using PCDs to: (1) transmit material that is threatening, obscene, disruptive, or sexually explicit or that can be construed as harassment or disparagement of others based upon their race, color, national origin, sex (including sexual orientation/transgender identity), disability, age, religion, ancestry, or political beliefs; and (2) engage in "sexting" - i.e., sending, receiving, sharing, viewing, or possessing pictures, text messages, e-mails or other materials of a sexual nature in electronic or any other form. Violation of these prohibitions shall result in disciplinary action. Furthermore, such actions will be reported to local law enforcement and child services as required by law.

 Students also are prohibited from using a PCD to capture, record, and/or transmit test information or any other information in a manner constituting fraud, theft, cheating, or academic dishonesty. Likewise, students are prohibited from using PCDs to receive such information.

 Students may not use PCDs to access and/or view Internet websites that otherwise are blocked to students while in school, on school property, or at a school-sponsored activity.

 When the use of PCDs is prohibited, all PCDs must be powered off completely (i.e., not just placed in vibrate or silent mode) and stored out of sight.

 When the use of PCDs is permitted, all PCDs must be placed in silent mode and must be stored out of sight when directed by the administrator or sponsor.

 Students shall have no expectation of confidentiality with respect to their use of PCDs while at school or on school property, including school buildings, other facilities, and school vehicles.

 Possession of a PCD by a student during school hours and during school-related events and functions is a privilege that may be forfeited by any student who fails to abide by the terms of this policy, or otherwise abuses this privilege.

 Violations of this policy may result in the following disciplinary measures:

  1. Issue a verbal warning and require the student to store the PCD in accordance with this policy.
     

  2. Confiscate the PCD and store it securely in a staff-controlled locker, bin, or drawer for the duration of the class or period.
     

  3. Confiscate the student’s PCD and store it in the facility’s office for the remainder of the school-related event or school day.
     

  4. Confiscate the student’s PCD in the facility's office to be picked up by the student’s parent or guardian.
     

  5. Schedule a conference with the student’s parent or guardian to discuss the student’s PCD use.
     

  6. Loss of privilege to bring a PCD to school for a designated length of time or on a permanent basis.
     

  7. In-school suspension.
     

  8. Out-of-school suspension.
     

  9. Expulsion.

 If the violation involves an illegal activity (e.g. child pornography, sexting), the school official will also refer the matter to law enforcement or child services. The PCD will be confiscated and may be turned over to law enforcement if a violation involves potentially illegal activity.

 School officials will not search or otherwise tamper with PCDs in District custody unless they reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules. Any search will be conducted in accordance with Board Policy 5771 - Search and Seizure.

 A person who discovers a student using a PCD, recording device, or other device with one- or two-way audio communication technology in violation of this policy is required to report the violation to the Principal or Superintendent.

 Students are personally and solely responsible for the care and security of their PCDs. The Board assumes no responsibility for theft, loss, or damage to, or misuse or unauthorized use of, PCDs brought onto its property.

 This policy shall be posted prominently on the District's website and in a central location in each school building and made publicly available upon request.

Last revised: January 9, 2025