BOARD POLICY - 5131.8
To support student mental health and foster a distraction-free learning environment, site principals shall develop specific, grade-appropriate guidelines regarding student device possession, use, and secure classroom storage of smartphones, smartwatches, and other mobile communication devices on campus.
Students shall not be prohibited from possessing or using a mobile communication device under the following circumstances: (Education Code 48901.5, 48901.7)
- In an emergency, or in response to a perceived threat of danger. (Note: Routine family communications do not constitute an emergency; parents/guardians should contact the school office for urgent messaging.)
- When a teacher or administrator grants permission, subject to reasonable limitations.
- When a licensed physician or surgeon determines use is strictly necessary for the student's health and well-being.
- When required by the student's Individualized Education Program (IEP) or Section 504 plan.
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 smartphone or mobile communication 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.
Unauthorized use of a mobile communication device on or off campus that disrupts school activities or threatens safety may result in discipline in accordance with the school's progressive discipline plan. Staff may temporarily confiscate and securely store devices for parent/guardian pick-up. The District assumes no liability for lost, stolen, or damaged personal devices brought on campus.
Per Education Code 48901.7, this policy shall be presented to the Board for review and revision every five years.
Legal References
5 CCR 300-307 Duties of students
Civ. Code 1714.1 Liability of parent/guardian for act of willful misconduct by a minor
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289.5 School safety plans
35181 Governing board authority to set policy on responsibilities of students
35291-35291.5 Rules
44807 Teachers' duty concerning conduct of students
48900-48925 Suspension and expulsion
48901.5 Prohibition of electronic signaling devices
48901.7 Limitation or prohibition of student use of smartphones
48901.8 Limitation or prohibition of student use of social media
51512 Prohibited use of electronic listening or recording device
PENAL CODE
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
VEHICLE CODE
23123-23124 Prohibitions against use of electronic devices while driving
FEDERAL CODE
20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex
MANAGEMENT RESOURCES
California Department of Education Publication
Bullying at School, 2003
COURT DECISIONS
Safford Unified School District V. Redding (2009) 557 US 364
Mahanoy Area School District v. B.L. (2021) 141 S.Ct. 2038
J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094
New Jersey v. T.L.O. (1985) 469 U.S. 32
Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
Cyberbullying: Policy Considerations for Boards, Policy Brief, rev. July 2010
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
WESITES
CSBA District and County Office of Education Legal Services
National School Safety Center
Center for Safe and Responsible Internet Use
California Department of Education, Safe Schools
CSBA
U.S. Department of Education
CROSS REFERENCES
0450 Comprehensive Safety Plan
5131 Conduct
5131.2 Bullying
5131.4 Student Disturbances
5131.9 Academic Honesty
5137 Positive School Climate
5141.52 Suicide Prevention
5145.12 Search And Seizure
5145.2 Freedom Of Speech/Expression
6159 Individualized Education Program
6163.4 Student Use Of Technology
6163.4-E(1) Student Use Of Technology
Policy Adopted: April 21, 2026