Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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5131.8 BP Board Policy

Mobile Communication Devices

The Governing Board recognizes that student use of smartphones and other mobile communication devices on campus could be harmful and disruptive of the instructional program in some circumstances. Students shall not use smartphones or other mobile communication devices while at a school site, except in the limited circumstances described below: (Education Code 48901.5, 48901.7) - In the case of an emergency, or in response to a perceived threat of danger - When a teacher or administrator grants permission to the student to possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator - When a licensed physician or surgeon determines that the possession or use is necessary for the student's health and well-being - When the possession or use is required by the student's individualized education program The Superintendent or designee may undertake measures or strategies in accordance with law, to limit student access to smartphones and other mobile communication devices on campus. (Education Code 48901.7) Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person. A student's personal electronic device shall not be searched without the consent of the student's parent/guardian, except 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 electronic device information, or when the search is otherwise permitted pursuant to Penal Code 1546.1. When a student uses a mobile communication 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 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 mobile communication 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 mobile communication 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 review or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community.

Legal & Management References

State
5 CCR 300-307 - Duties of students
Civ. Code 1714.1 - Liability of parent/guardian for act of willful misconduct by a minor
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 32280-32289.5 - School safety plans
Ed. Code 35181 - Governing board authority to set policy on responsibilities of students
Ed. Code 44807 - Teachers' duty concerning conduct of students
Ed. Code 48900-48925 - Suspension and expulsion
Ed. Code 48901.5 - Prohibition of electronic signaling devices
Ed. Code 48901.7 - Limitation or prohibition of student use of smartphones
Ed. Code 48901.8 - Limitation or prohibition of student use of social media
Ed. Code 51512 - Prohibited use of electronic listening or recording device
Pen. Code 1546.1 - Electronic Communications Privacy Act
Pen. Code 288.2 - Harmful matter with intent to seduce
Pen. Code 313 - Harmful matter
Pen. Code 647 - Use of camera or other instrument to invade person's privacy; misdemeanor
Pen. Code 653.2 - Electronic communication devices; threats to safety
Veh. Code 23123-23124 - Prohibitions against use of electronic devices while driving
Federal
20 USC 1681-1688 - Title IX of the Education Amendments of 1972; discrimination based on sex
Management Resources
Court Decision - Safford Unified School District V. Redding (2009) 557 US 364
Court Decision - Mahanoy Area School District v. B.L. (2021) 594 U.S. 180
Court Decision - J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094
Court Decision - New Jersey v. T.L.O. (1985) 469 U.S. 325
Court Decision - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
CSBA Publication - Cyberbullying: Policy Considerations for Boards, Policy Brief, rev. July 2010
CSBA Publication - Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
U.S. Department of Education Publication - Planning Together: A Playbook for Student Personal Device Policies, December 2024
Website - CSBA District and County Office of Education Legal Services
Website - National School Safety Center
Website - Center for Safe and Responsible Internet Use
Website - California Department of Education, Safe Schools
Website - CSBA
Website - U.S. Department of Education

Cross References