STAFF AND SCHOOL OFFICIALS USE OF WIRELESS COMMUNICATION DEVICES | Policy Manual

7530.02 - STAFF AND SCHOOL OFFICIALS USE OF WIRELESS COMMUNICATION DEVICES

Use of wireless communication devices ("WCD") (as defined in Bylaw 0100) has become pervasive in the workplace. Whether the WCD is Board-owned and assigned to a specific employee or school official or personally-owned by the employee or school official (regardless of whether the Board pays the employee an allowance for his/her use of the device, the Board reimburses the employee or school official on a per use basis for their business-related use of his/her WCD, or the employee or school official receives no remuneration for his/her use of a personally-owned WCD, the employee or school official is responsible for using the device in a safe and appropriate manner and in accordance with this policy and its accompanying procedure, as well as other pertinent Board policies and procedures.

Conducting District Business Using a WCD
1. Employees and school officials are permitted to use a Board-owned and/or personally-owned WCD to make/receive calls, send/receive e-mails, send/receive texts, send/receive instant messagesthat concern District business of any kind.
2. Employees and school officials are responsible for archiving such communication(s) in accordance with the District's requirements. [Any item that may be Public Record Requested.]
Safe and Appropriate Use of a WCD
1. Employees and school officials whose job responsibilities include regular or occasional driving and who use a WCD for business use are expected to refrain from using their device while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees and school officials should pull off to the side of the road and safely stop the vehicle before placing or accepting a call. Reading or sending a text message, instant message, or e-mail, or browsing the Internet using a WCD while driving is a violation of State law and is strictly prohibited. If accepting a call is unavoidable and pulling over is not an option, employees are expected to keep the call short, use hands-free options (e.g., headsets or voice activation) if available, refrain from the discussion of complicated or emotional topics, and keep their eyes on the road. Pursuant to Policy 8625, use of a WCD in a handheld manner in a designated school crossing, school zone, or work zone area as defined in F.S. 316.003 is prohibited. Special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an unfamiliar area. In the interest of safety for employees, school officials, and other drivers, employees, and school officials are required to comply with all applicable State laws and local ordinances while driving, including any laws that prohibit texting or using a cell phone or other WCD while driving.
2. In situations where job responsibilities include regular driving and accepting of business calls, the employee or school official should use hands-free equipment to facilitate the provisions of this policy.
3. All employees and school officials must comply with Policy 8625 – Ban on Texting While Driving.
Duty to Maintain Confidentiality of Student Personally Identifiable Information - Public and Student Record Requirements
1. Employees and school officials are subject to all applicable policies and procedures pertaining to the protection of the security, integrity, and availability of the data stored on a WCD regardless of whether they are Board-owned and assigned to a specific employee or personally-owned by the employee.
2. WCD communications, including calls, text messages, instant messages, and e-mails sent or received may not be secure. Therefore, employees should use discretion when using a WCD to relay confidential information, particularly as it relates to students.
3. Additionally, WCD communications, including text messages, instant messages, and e-mails sent and/or received by a public employee or school official using a WCD may constitute public records.
4. Further, WCD communications about students, including text messages, instant messages, and e-mails sent and/or received by a District employee or school official using his/her WCD may constitute education records if the content includes personally identifiable information about a student.
5. Communications, including text messages, instant messages, and e-mails sent and/or received by a District employee or school official using his/her WCD, that are public records or student records are subject to retention and disclosure, upon request, in accordance with Policy 8310 - Public Records. Cellular/Wireless communications that are student records should be maintained pursuant to Policy 8330 - Students Records.
6. It is the responsibility of the District employee or school official who uses a WCD for District business-related use to archive all text messages, instant messages, and e-mails sent and/or received using his/her WCD in accordance with the District's requirements.
7. Finally, cellular/wireless communications and other electronically stored information (ESI) stored on the staff member's or school official's WCD may be subject to a litigation hold pursuant to Policy 8315 - Information Management. Staff and school officials are required to comply with District requests to produce copies of cellular/wireless communications in their possession that are either public records or education records or that constitute ESI that is subject to a litigation hold.
8. At the conclusion of an individual's employment (whether through resignation, nonrenewal, or termination), the employee is responsible for informing the Superintendent or his/her designee of all public records, student records, and ESI subject to a Litigation Hold that is maintained on the employee's Board-owned WCD. The District's IT department/staff will then transfer the records/ESI to an alternative storage device.
9. If the employee utilized a personally-owned WCD for District-related communications, and the device contains public records, students records, and/or ESI subject to a litigation hold, the employee must transfer the records/ESI to the District's custody (e.g., server, alternative storage device) prior to the conclusion of his/her employment. The District's IT department/staff is available to assist in this process. Once all public records, student records, and ESI subject to a litigation hold are transferred to the District's custody, the employee is required to delete the records/ESI from his/her personally-owned WCD. The employee will be required to sign a document confirming that all such records/information has been transferred to the District's custody and deleted from his/her personally-owned WCD.
10. If a WCD is lost, stolen, hacked, or otherwise subjected to unauthorized access, the employee or school official must immediately notify the Superintendent or designee so a determination can be made as to whether any public records, students records, and/or ESI subject to a litigation hold has been compromised and/or lost. Pursuant to Policy 8305 - Information Security and its accompanying procedure, the Superintendent or designee shall determine whether any security breach notification laws may have application to the situation. Appropriate notifications will be sent unless the records/information stored on the WCD was encrypted.
11. The Board prohibits employees and school officials from maintaining the following types of records and/or information on their WCDs:
  1. social security numbers
  2. driver's license numbers
  3. credit and debit card information
  4. financial account numbers
  5. student personally identifiable information
  6. information required to be kept confidential pursuant to the Americans with Disabilities Act (ADA)
  7. personal health information as defined by the Health Insurance Portability and Accountability Act (HIPAA)
12. If an employee or school official maintains records and/or information on a WCD that is confidential, privileged, or otherwise protected by State and/or Federal law, the employee is required to encrypt the records and/or information.
13. It is required that employees and school officials lock and password protect their WCDs when not in use.
14. Employees and school officials are responsible for making sure no third parties (including family members) have access to records and/or information, which is maintained on a WCD in their possession, that is confidential, privileged, or otherwise protected by State and/or Federal law.
Privacy Issues
1. Except in emergency situations or as otherwise authorized by the Superintendent/designee or as necessary to fulfill their job responsibilities, employees and school officials are prohibited from using WCDs to capture, record, and/or transmit the words or sounds (i.e., audio) and/or images (i.e., pictures/video) of any student, staff member, or other person in the school or while attending a school-related activity. Using a WCD to capture, record, and/or transmit audio and/or pictures/video of an individual without proper consent is considered an invasion of privacy and is not permitted.
2. WCDs, including but not limited to those with cameras, may not be activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include, but are not limited to, classrooms, gymnasiums, locker rooms, shower facilities, rest/bathrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The Superintendent and building principals are authorized to determine other specific locations and situations where use of a WCD is absolutely prohibited.
Potential Disciplinary Action
1. Violation of any provision of this policy may constitute just cause for disciplinary action up to and including termination.
2. Use of a WCD in any manner contrary to local, State, or Federal laws may also result in disciplinary action up to and including termination.