4.47— POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC

DEVICES

Definitions

“Emergency” means a serious, unexpected, and dangerous situation that requires immediate action, including without limitation:

• An active fire;

• An active tornado or earthquake;

• An active shooter;

• An evacuation of school grounds; or

• A medical emergency

“Personal electronic device” means without limitation a:

1. Cellular telephone;

2. Paging device;

3. Beeper;

4. Mobile telephone that offers advanced computing and internet accessibility;

5. Digital media player;

6. Portable game console;

7. Tablet, notebook, or laptop computer;

8. Digital camera;

9. Digital video or audio recorder;

10. Smart watch; and

11. Device that can connect and transmit data through Bluetooth technology.

“School day” means from the time students are required to be at school until the time students are dismissed from school.

Possession of Personal Electronic Device

Except as permitted under this policy, a student shall not be in possession of a personal electronic device during the school day. A student may possess a personal electronic device during the school day if:

• The personal electronic device is required by the student’s individual education plan

(IEP), 504 Plan, or Individual Health Plan for health reasons;1

• The possession of the personal electronic device is during an emergency as defined by

this policy;

• The personal electronic device is issued by the District for the student’s use during the

school day; or

• The possession of the personal electronic device is during a special event during the

school day.

A student shall be deemed to not be in possession of a personal electronic device if: the device is

in a backpack, purse, locker, or pocket (not visible).Use Of Personal Electronic Device

Except as permitted by this policy, a student shall not use a personal electronic device during the school day. A student may use a personal electronic device during the school day if:

• The personal electronic device is required by the student’s individual education plan

(IEP), 504 Plan, or Individual Health Plan for health reasons;1

• The use of the personal electronic device is during an emergency as defined by this

policy;

• The personal electronic device is issued by the District for the student’s use during the

school day; or

• The use of the personal electronic device is during a special event during the school day.

A student may possess and use a personal electronic device at a special school event for the

purpose of taking photographs. The District shall inform the students and students’ parents, legal

guardians, persons having lawful control of the student, and persons standing in loco parentis the

following before a special school event takes place:

• When and where the special school event will take place;

• Whether or not personal electronic devices shall be allowed at the special school event;

and

• Where personal electronic devices may be used at the special school event.

The use of personal electronic devices at school sponsored functions outside the regular school

day is permitted to the extent and within the limitations allowed by the event or activity the

student is attending.

Misuse of Personal Electronic Devices

Even if a student is allowed to possess or use a personal electronic device under this policy, themisuse of a personal electronic device is prohibited. Misuse of personal electronic devicesincludes, but is not limited to:

1. Using personal electronic devices issued by the District during class time in any manner other than specifically permitted by the classroom instructor;

2. Permitting any audible sound to come from the personal electronic device when not being used for reason #1 above;

3. Engaging in academic dishonesty, including cheating, intentionally plagiarizing, wrongfully giving or receiving help during an academic examination, or wrongfully obtaining test copies or scores;

4. Using the personal electronic device to record audio or video or to take photographs in areas where a general expectation of personal privacy exists, including but not limited to locker rooms and bathrooms;

5. Creating, sending, sharing, viewing, receiving, or possessing an indecent visual depiction of oneself or another person regardless of whether the image is real or created through the use of artificial intelligence;

6. Using a personal electronic device issued by the District in a manner that violates the Electronic Device and Internet Use Agreement regardless of whether the violation occurred on or off campus;7. 8. 9. Using a personal electronic device at an event during the school day that was not designated as a special school event or in a manner or location that was not authorized as part of the special school event;

Using personal electronic devices issued by the District while driving any vehicle at any

time;3 or

Using a personal electronic device for the purposes of browsing the internet; composing

or reading emails and text messages; or making or answering phone calls while driving a

motor vehicle that is in motion and on school property.4

Discipline

A student may have a personal electronic device confiscated if:

• The student is found to possess or use a personal electronic device when the use or

possession is not authorized by this policy and the personal electronic device was not

issued by the District;

• The student misuses a personal electronic device as defined by this policy; or

• The student’s parent, legal guardian, person having lawful control of the student, or

person standing in loco parentis uses the remote recording or listening capabilities of a

personal electronic device, either through an app installed on the personal electronic

device or the built-in capacity of the personal electronic device, except when authorized

by the District.1, 5

Confiscated personal electronic devices may be picked up at the school’s administration office by

the student’s parent, legal guardian, person having lawful control of the student, or person

standing in loco parentis .2 Students have no right of privacy as to the content contained on any

personal electronic devices that have been confiscated.3 A search of a confiscated device shall

meet the reasonable individualized suspicion requirements of Policy 4.32—SEARCH,

SEIZURE, AND INTERROGATIONS.6

A student and the student’s parents, legal guardians, persons having lawful control of the student,

or persons standing in loco parentis expressly assume any risk associated with a student’s

possession or use of a student’s personal electronic device that is not issued by the District. The

District shall not be liable for a personal electronic device that is confiscated if the personal

electronic device is lost, stolen, or damaged.

In addition to the confiscation of a personal electronic device for a violation of this policy, a

student may be subject to the following discipline:7

1. 2. 3. 4. 1st offense – 1 Day of ISS - Student may collect the device after school.

2nd offense – 2 Days of ISS - Student may collect the device after school.

3rd offense – 3 Days of ISS - Parent conference is required to collect the device.

4th offense and each offense thereafter – 4 Days of OSS - The device will be held by the

school until the end of the school year.To protect the integrity of the administration of the assessments under the Arkansas Educational

Support and Accountibility Act, a student who is found to be in possession of or to use a personal

electronic device during the administration of a statewide assessment that is not required by the

student’s IEP, 504 Plan, or issued by the District shall have the discipline the student is subject to

increased by an additional level.

Legal References: A.C.A. § 6-15-2907

A.C.A. § 6-18-515

A.C.A. § 27-51-1602

A.C.A. § 27-51-1603

A.C.A. § 27-51-1609