HELLO! Students Have a Right to Privacy in Their Cell Phones

Indiscriminate Cell Phone Searches Violate Students' Privacy Rights

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Model School Cell Phone Policy

The following represents a model cell phone policy for adoption by school districts based on our assessment of the current state of the law, our balance of the competing interests, and the most practical, economical, and effective method for ensuring that searches of cell phones are limited in scope to what is lawful:

• Students may possess or use personal electronic signaling devices on school campus provided that such devices do not disrupt the educational program or school activity and are not used for illegal or unethical activities such as cheating on assignments or tests.

• Electronic signaling devices shall be turned off and kept out of sight during class time or at any other time as directed by a school district employee, except where deemed medically necessary or when otherwise permitted by the teacher or administration. No student shall be prevented from using his/her cell phone in case of an emergency, except where that use inhibits the ability of school district employees to effectively communicate instructions for the safety of students.

• Violations of this policy shall be subject to progressive discipline. If a student’s use of an electronic signaling device causes a disruption, a school district employee on the first offense may direct the student to turn off the device or reprimand the student. On subsequent offenses, the employee may confiscate the device and return it to the student at the end of the class period, school day or activity. A student’s right to carry such devices may be revoked for subsequent offenses except where deemed medically necessary. Students may be subject to other disciplinary measures when their use of an electronic signaling device violates independent school rules, such as prohibitions on cheating.

• Notwithstanding any other school policies on searches in general,absent reasonable suspicion of wrongdoing with the device beyond merely possessing it or having it turned on or out in the open, school district employees may not search any personal telecommunication device without the express authorized consent of the student and the student’s parent or legal guardian.

• No student shall use an electronic signaling device with camera, video or voice recording function in a way or under circumstances which infringe the privacy rights of other students.

• Confiscated electronic signaling devices shall be stored by school district employees in a secure manner.

• Students are responsible for personal electronic signaling devices they bring to school. The district shall not be responsible for loss, theft or destruction of any such device brought onto school property, except that it shall be the responsibility of the school to ensure the safekeeping of any confiscated devices.

• Students and their parents shall be notified of the above policy at the beginning of every school year.