BP 5131.8 — Mobile Communication Devices

The Governing Board recognizes that student use of mobile communication devices (hereafter referred to as “devices”), such as a cell phone, smartwatch, or tablet, on campus may be beneficial to student learning and well-being; however, such use could be harmful and disruptive of the instructional program in some circumstances.

When on campus or when under the supervision of district employees, students may use devices only as permitted under this policy.

Students in grades TK-8 may use devices before school begins and after the school day ends, which would include any after school program on campus. Devices shall be placed on a silent setting and not visible during the school day, which includes passing periods, recesses, and lunch. Smartwatches may be worn if the cellular device that it is paired with is in airplane or school mode.

Students in grades 9-12 may use devices on campus during noninstructional time, if the device is utilized in accordance with law and any applicable school rules. Devices shall be placed on a silent setting and not visible during instructional time.

However, a student shall not be prohibited from using a device under any of the following circumstances: (Education Code 48901.5, 48901.7)

1. In the case of an emergency, or in response to a perceived threat of danger

2. When a teacher or administrator grants permission to the student to use a device, subject to any reasonable limitation imposed by that teacher or administrator

3. When a licensed physician or surgeon determines that the use is necessary for the student's health and well-being as communicated through a medical note

4. When the use is required by the student's individualized education program and/or 504

The Superintendent or designee may undertake measures or strategies, in accordance with law, to limit student access to devices on campus. (Education Code 48901.7)

Devices shall not be used in any manner which infringes on the privacy rights of any other person.

A student's personal device shall not be searched without the consent of the student's parent/guardian, except in the following situations:

Pursuant to a lawfully issued warrant

When a school official, in good faith, believes that an emergency involving danger of death or serious physical injury to the student or others requires access to the device information

When the search is otherwise permitted pursuant to Penal Code 1546.1

When a student uses a device in an unauthorized manner while at a school site or under the supervision and control of a district employee, the student may be disciplined, and the authorized district employee may temporarily confiscate the device. The employee shall store the device securely until it is returned to the student or turned over to the principal or designee, as appropriate.

A student may also be subject to discipline, in accordance with law, Board Policy, or administrative regulation, for off-campus use of a device which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities.

The district will not be responsible or liable for a student's device which is brought on campus or to a school activity and is lost, stolen, or damaged.

The Board shall review and, as necessary, update this policy at least once every five years. Any such reviewer or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community.