STAFF AND SCHOOL OFFICIALS USE OF PERSONAL COMMUNICATION DEVICES

STAFF AND SCHOOL OFFICIALS USE OF PERSONAL COMMUNICATION DEVICES

po7530.02 Adopted April 8, 2014Revised February 10, 2026

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 official or personally-owned by the employee or school official regardless of whether the Board pays the employee or school official 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 PCD, or the employee or school official receives no remuneration for his/her 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.

Conducting District Business Using a PCD

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, and send/receive instant messages that concern District business of any kind.

Individuals are responsible for retaining text messages, instant messages, and other written communications that are not archived by the District; such records shall be retained in accordance with State requirements.

Safe and Appropriate Use of a PCD

Employees and school officials whose job responsibilities include regular or occasional driving and who use a PCD 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 PCD while driving is a violation of State law and is strictly prohibited. If acceptance of 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. 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 PCD while driving.

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 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 communications, 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 his/her 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 his/her 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 his/her 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 verifying that all public records, student records, and ESI subject to a litigation hold that are maintained on the employee’s PCD are transferred to the District’s custody (e.g., server, alternative storage device). 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 PCD. 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 PCD.

Similarly, if an employee intends to dispose of, or otherwise stop using, a personally-owned PCD on which s/he has maintained public records, student records, and/or ESI that is subject to a litigation hold, the employee must transfer the records/ESI to the District’s custody before disposing of, or otherwise ceasing to use, the personally-owned PCD. The employee is responsible for securely deleting such records/ESI before disposing of or ceasing to use the personally-owned PCD.

Failure to comply with these requirements may result in disciplinary action.

If a PCD is lost, stolen, hacked, or otherwise subjected to unauthorized access, the employee or school official must immediately notify the Superintendent 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 guideline, the Superintendent 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:

  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)

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 Superintendent 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 4/10/18
Revised 9/10/24

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