5131.8 BP - Mobile Communication Devices

Adopted: 6/10/26

 

The San Diego County Board of Education recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being in some circumstances and could be harmful and disruptive to the instructional program in others. When on campus or when under the supervision of SDCOE employees, students may use smartphones and other mobile communication devices only as permitted under this policy.

Students shall not use smartphones or other mobile communication devices while at a school site or under the supervision and control of an SDCOE employee.

However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:

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 possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator

3.    When a licensed physician determines that the possession or use is necessary for the student's health and well-being

4.    When the possession or use is required by the student's individualized education program

5.    When use of a device is necessary to facilitate communication between student and school staff; including language access or translation support

The county 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.

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 as follows:

1.    Pursuant to a lawfully issued warrant

2.    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

3.    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 an employee, the student may be disciplined, and the 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.

SDCOE 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.

A student may also be subject to discipline, in accordance with law, San Diego County Board of Education 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 SDCOE property or substantially disrupts school activities.

The Board shall review and, as necessary, update this policy at least once every five years. The policy must be responsive to the unique needs and desires of the school community.

The superintendent or designee shall develop administrative regulations to implement this policy, including detailed procedures related to authorized and prohibited use, as well as clear expectations for privacy, safety, and appropriate conduct.

 

 

Board Policy: 5131, 5131.2, 5145.12

Administrative Regulation: 6163

Legal Reference:

Education Code
200-262.4, 32280-32289.5, 35291-35291.5, 44087, 48901.5, 48901.7

Penal Code
1564.1, 288.2, 313, 647

Federal
20 USC 1681-1688