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Q: As a teacher and parent, I know that everywhere I look I see school-age children with cell phones. What rights do I have to regulate the use of cell phones in my classroom?
A: Under both case law and specific statutory law, teachers generally have the right to limit activities that create a disruption in the classroom and/or interfere with the educational process. Further, students have no specific legal right to have cell phones and other such electronic devices on school campuses or in classrooms.
Q: But, I have been told that students have a right to communicate with their parents and other family members.
A: This is a separate issue apart from limiting student use of cell phones during instructional time. Students are still free to communicate with their parents at the designated proper time(s), i.e., before or after the instructional day. In situations requiring students to communicate with parents during the school day, students may still do so the old-fashioned way, i.e., by using the telephone in the school office.
Q: OK. What exactly can I do when students bring cell phones to my classroom?
A: The answer to this question really involves looking at both the law and your local district policy. First, there is the statutory (legal) authority found in Texas Education Code (TEC) section 37.082, entitled “Possession of Paging Devices,” defined as a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor. As you can see, the Legislature has broadly defined what is meant by the term “paging devices” for the purposes of this particular statute. [NOTE:Section 37.082 was first enacted in 1995, when “beepers” were perhaps more prevalent or popular than today. Though amended by addition of this sentence in 2007, for purposes of our discussion the substance has not changed since 1995.]
In addition, some local school district policies specifically define “paging device” to include “a wireless, mobile or portable telephone” or “cellular phone.”
Q: What does the TEC allow teachers to do regarding these devices?
A:TEC section 37.082 provides that:
(a) The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property or while attending a school-sponsored or school-related activity on or off school property. The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device.
Q: Great, that’s what I need to ban cell phones from my classroom, right?
A: Maybe. Note that the law states that a school district’s board of trustees “may” adopt such a policy.
Q: Where would I look for such a policy in my district?
A: Such policies are usually designated as FNCE [LOCAL] and found among other local policies concerning student conduct. A majority of the largest Texas school districts have adopted such a policy. In some school districts this information may instead be found in administrative regulations. Of course, it would also be important for a school district to include such information in the employee handbook and in the student handbook under the area dealing with the student code of conduct.
[NOTE: Many districts have posted local policies online, which can be accessed on the district website.]
Q: I assume that these policies apply to students in all grade levels in the district, correct?
A: Usually. But you should be aware that some school district policies address elementary school, middle school and high school students differently when regulating the possession/use of cell phones and other paging devices. For example, some districts prohibit elementary and middle school students from even possessing cell phones and other paging devices while on school property or at school-sponsored or school-related activities on and off school property. Under the same policy, high school students may be permitted to possess cell phones, but their use is strictly limited. A few school districts allow individual campuses to designate proper time and use of paging devices through the site-based decision making process.
Q: In reviewing my local policy it does not seem to limit possession of paging devices, including cell phones, at all. Is this common?
A: This type of policy appears to be the most common approach, with some exceptions such as that mentioned above. In the state’s largest school district – Houston ISD – “the use or operation” of all electronic communication devices is strictly prohibited at school campuses and school functions during school hours. Such a policy provision obviously addresses concerns about disruption of the educational process. An interesting provision found in Corpus Christi ISD Policy FNCE [LOCAL] allows the use of devices such as personal digital assistants (PDAs) during the school day, but only for limited instructional purposes.
Local policies that allow students to possess paging devices on school property commonly state that such devices:
• must be turned off during the school day
• must not be visible during the school day
• must be concealed and inoperable during the school day
• may be stored in student vehicles during or after the school day
• may be used by students participating or attending extracurricular or other school-related activities as determined by the campus principal
• may be used outside of the school building
• may be used at after-school extracurricular activities
• as camera phones may not be displayed or used at any time on school property or any school activity
• used in violation of local policies will be confiscated and subject the student to proper discipline measures under the district’s student code of conduct.
Q: So, every teacher needs to know if his or her school district has a policy or some other way of addressing student cell phone use, and what it provides?
A: Absolutely correct. In addition, the district policy, regulation or rule will also require proper discipline under the student code of conduct for violations of those provisions, including potential loss of cell phone privileges such as those listed above.
Q: My policy says that I must confiscate cell phones and other such devices when a student violates our policy. Can I really take the student’s property away from him/her?
A: Yes, if your policy requires/allows such. Specific questions about this issue should be addressed to your campus administrator. Also, think of “confiscate” as requesting that the student voluntarily surrender the device to you.
In addition, be sure that you are aware of the proper procedures for safekeeping of the phone or other device after confiscation. Secure the student’s property in a locked cabinet or desk drawer if possible. The individual teacher should not be made responsible for the ongoing safekeeping, but only as necessary, meaning temporarily for a short span of time during the instructional day. And, thanks to a TCTA-initiated bill during the last legislative session, Texas Education Code section 22.0511 was amended to provide that school districts may not require teachers and other professional personnel to pay for or replace confiscated student property that is lost, stolen, damaged, etc.
Finally, for many reasons, do not succumb to student requests to return a phone, as doing so has several potential downsides, not the least being your knowing failure to abide by district policy. Like any other student discipline matter, apply the applicable policy fairly and consistently.
Q: Should I ever search a student for a paging device?
A: No. There are limited situations in which school district personnel may need to immediately search a student who refuses a request to voluntarily surrender contraband or other evidence of a violation of the law or a school rule. That subject is far beyond the scope of this discussion. Suffice it to say that confiscation of a student’s cell phone or other paging device is usually not going to involve such a situation. Instead, request the assistance of an administrator.
A Special Note About TAKS
TEA now requires school districts to implement procedures aimed at preventing the use of cell phones or other paging devices by students during administration of the TAKS. Districts will penalize students for academic dishonesty if they possess and/or use cell phones or similar devices during test administration. In addition, TEA has mandated that students possessing, displaying, turning on or otherwise using cell phones and paging devices during testing must have their test coded for a test administration irregularity. This will result in the test not being scored and the student’s failing to meet necessary requirements for that test.
If you have any questions or concerns related to student use of electronic devices in the classroom, please don’t hesitate to contact the TCTA Legal Department toll-free at (888) 879-8282.
Web posted: 04/01/08 from The Classroom Teacher, Spring 2008
