7530.02 - STAFF AND SCHOOL OFFICIALS USE OF PERSONAL COMMUNICATION DEVICES
Use of personal communication devices ("PCD") (as defined in Bylaw 0100) has become pervasive in the workplace. Whether the PCD is Board-owned and assigned to a specific employee or school officials or personally-owned by the employee or school official (regardless of whether the Board pays the employee or school official an allowance for the school official's use of the device, the Board reimburses the employee or school official on a per-use basis for their business-related use of he school official's PCD, or the employee or school official receives no remuneration for he school official's use of a personally-owned PCD, 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 guideline, as well as other pertinent Board policies and guidelines.
Employees and school officials are permitted to use a Board-owned and/or personally-owned PCD to make/receive calls, send/receive e-mails, send/receive texts, or send/receive instant messages that concern District business of any kind.
Employees and school officials are responsible for archiving such communication(s) in accordance with the District's requirements.
Safe and Appropriate Use of a PCD
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.
Employees and school officials may not use a PCD in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed, or intimidated.
Duty to Maintain Confidentiality of Student Personally Identifiable Information - Public and Student Record Requirements
Employees and school officials are subject to all applicable policies and guidelines pertaining to the protection of the security, integrity, and availability of the data stored on a PCD, regardless of whether they are Board-owned and assigned to a specific employee or personally-owned by the employee.
PCD and wireless 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 PCD to relay confidential information, particularly as it relates to students.
Additionally, PCD, including text messages, instant messages, and e-mails sent and/or received by a public employee or school official using a PCD, may constitute public records.
Further, PCD communications about students, including text messages, instant messages, and e-mails sent and/or received by a District employee or school official using the school official's PCD, may constitute education records if the content includes personally identifiable information about a student.
Communications, including text messages, instant messages, and e-mails sent and/or received by a District employee or school official using the school official's PCD, 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 - Student Records.
It is the responsibility of the District employee or school official who uses a PCD for District business-related use to archive all text messages, instant messages, and e-mails sent and/or received using the school official's PCD in accordance with the District's requirements.
Cellular/Wireless communications and other electronically stored information (ESI) stored on the staff member's or school official's PCD 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.
At the conclusion of an individual’s employment (whether through resignation, nonrenewal, or termination), the employee is responsible for informing the District Administrator or the employee's designee of all public records, student records, and ESI subject to a litigation hold that is maintained on the employee’s Board-owned PCD. The District’s IT department/staff will then transfer the records/ESI to an alternative storage device.
If the employee also utilized a personally-owned PCD 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 the school official's 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 the employee's personally-owned PCD. The employee will be required to sign a document confirming that all such records/information have been transferred to the District’s custody and deleted from the employee's personally–owned PCD.
If a PCD is lost, stolen, hacked, or otherwise subjected to unauthorized access, the employee or school official must immediately notify the District Administrator so a determination can be made as to whether any public records, students' records, and/or ESI subject to a Litigation Hold have been compromised and/or lost. Pursuant to Policy 8305 - Information Security and its accompanying guideline, the District Administrator 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 PCD was encrypted.
The Board prohibits employees and school officials from maintaining the following types of student, staff, or District records and/or information on their PCDs:
social security numbers;
driver’s license numbers;
credit and debit card information;
financial account numbers;
student personally identifiable information;
information required to be kept confidential pursuant to the Americans with Disabilities Act (ADA);
personal health information as defined by the Health Insurance Portability and Accountability Act (HIPAA).
If an employee or school official maintains records and/or information on a PCD that is confidential, privileged, or otherwise protected by State and/or Federal law, the employee is required to encrypt the records and/or information.
It is suggested that employees and school officials lock and password-protect their PCDs when not in use.
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 PCD in their possession, that is confidential, privileged, or otherwise protected by State and/or Federal law.
Privacy Issues
Except in emergency situations or as otherwise authorized by the District Administrator or as necessary to fulfill their job responsibilities, employees and school officials are prohibited from using PCDs 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 PCD 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.
PCDs, 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, 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 District Administrator and building principals are authorized to determine other specific locations and situations where use of a PCD is absolutely prohibited.
Potential Disciplinary Action
Violation of any provision of this policy may constitute just cause for disciplinary action up to and including termination. Use of a PCD in any manner contrary to local, State, or Federal laws may also result in disciplinary action up to and including termination.
Revised 10/24/18
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