Mobile Communication Devices

San Francisco Unified School District and County Office of Education

Board Policy 5131.8

Mobile Communication Devices

 

This policy applies to the San Francisco Unified School District and the County Office of Education.

 

The Governing Board recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being, and could be harmful and disruptive of the instructional program in some circumstances. When on campus or when under the supervision of district employees, students may use smartphones and other mobile communication devices only as permitted under this policy.

 

Students may possess cell phones, smart watches, pagers, or other mobile communication devices on campus as long as the device is utilized in accordance with law, Board Policy and any rules that individual school sites may impose. All mobile communication devices shall be turned off and put away during instructional time, including during passing period. 

Limitations

Students may not use mobile communication devices at school or school sponsored activities to take pictures, film or video of students or school staff (including teachers, administrators or staff) without the prior written consent of the student or staff person.

Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person.  Any use that disrupts the educational process or school programs or activities is prohibited.  Any use that violates the SFUSD rules, policies or regulations (including the SFUSD Acceptable Use Agreement), federal or state law is prohibited, including but not limited to cyberbullying, sexual harassment, threats, or cheating on tests or assignments.  

However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:  (Education Code 48901.5, 48901.7)

1. In the case of an emergency, or in response to a perceived threat of danger
     
2. When a teacher or administrator grants permission to the student to possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator
     
3. When a licensed physician or surgeon determines that the possession or use is necessary for the student’s health and well-being
     
4. When the possession or use is required by the student’s individualized education program

 

The Superintendent or designee may undertake measures or strategies in accordance with law, to limit student access to smartphones and other mobile communication devices on campus. (Education Code 48901.7)

A student’s personal electronic device shall not be searched except as provided in BP 5145.12 (Search and Seizure) and Penal Code 1546.1.

Violation of Use Guidelines

When a student uses a mobile communication device in an unauthorized manner while at a school site or under the supervision and control of a district employee, the student may be disciplined and a district employee may confiscate the device; or may require the parent to come to school to recover the device.  It will be left to the discretion of the staff member to determine the appropriate response depending on the particular circumstances.  A student’s right to carry such devices may be revoked for a serious or repeated violation of these guidelines except where deemed medically necessary.  The employee shall store the device securely until it is returned to the student or parent/guardian or turned over to the principal or designee, as appropriate. 

A student may also be subject to discipline, in accordance with law, Board policy, or administrative regulation, for off-campus use of a mobile communication device which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities.

The district will not be responsible or liable for a student’s mobile communication device which is brought on campus or to a school activity and is lost, stolen, or damaged.

Policy Review

The Board shall review and, as necessary, update this policy at least once every five years. Any such review or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community.

Policy Reference Disclaimer

These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

Cross References

 

This policy applies to the San Francisco Unified School District and the County Office of Education. The Governing Board recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being, and could be harmful and disruptive of the instructional program in some circumstances. When on campus or when under the supervision of district employees, students may use smartphones and other mobile communication devices only as permitted under this policy. Students may possess cell phones, smart watches, pagers, or other mobile communication devices on campus as long as the device is utilized in accordance with law, Board Policy and any rules that individual school sites may impose. All mobile communication devices shall be turned off and put away during instructional time, including during passing period.  Limitations Students may not use mobile communication devices at school or school sponsored activities to take pictures, film or video of students or school staff (including teachers, administrators or staff) without the prior written consent of the student or staff person. Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person.  Any use that disrupts the educational process or school programs or activities is prohibited.  Any use that violates the SFUSD rules, policies or regulations (including the SFUSD Acceptable Use Agreement), federal or state law is prohibited, including but not limited to cyberbullying, sexual harassment, threats, or cheating on tests or assignments.   Option 1: (Limited use of smartphones and other mobile communication devices) Students may use smartphones or other mobile communication devices on campus during noninstructional time as long as the device is utilized in accordance with law and any applicable school rules. Mobile communication devices shall be turned off during instructional time. End Option 1 Option 2: (Prohibited use of smartphones and other mobile communication devices) Students shall not use smartphones or other mobile communication devices while at a school site or under the supervision and control of a district employee. End Option 2 However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:  (Education Code 48901.5, 48901.7) 1. In the case of an emergency, or in response to a perceived threat of danger 2. When a teacher or administrator grants permission to the student to possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator 3. When a licensed physician or surgeon determines that the possession or use is necessary for the student’s health and well-being 4. When the possession or use is required by the student’s individualized education program The Superintendent or designee may undertake measures or strategies in accordance with law, to limit student access to smartphones and other mobile communication devices on campus. (Education Code 48901.7) A student’s personal electronic device shall not be searched except as provided in BP 5145.12 (Search and Seizure) and Penal Code 1546.1. without the specific consent of the student’s parent/guardian, except pursuant to a lawfully issued warrant, when a school official, in good faith, believes that an emergency involving danger of death or serious physical injury to the student or others requires access to the electronic device information, or when the search is otherwise permitted pursuant to Penal Code 1546.1 Violation of Use Guidelines When a student uses a mobile communication device in an unauthorized manner while at a school site or under the supervision and control of a district employee, the student may be disciplined and a district employee may confiscate the device; or may require the parent to come to school to recover the device.  It will be left to the discretion of the staff member to determine the appropriate response depending on the particular circumstances.  A student’s right to carry such devices may be revoked for a serious or repeated violation of these guidelines except where deemed medically necessary.  The employee shall store the device securely until it is returned to the student or parent/guardian or turned over to the principal or designee, as appropriate.  A student may also be subject to discipline, in accordance with law, Board policy, or administrative regulation, for off-campus use of a mobile communication device which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities. The district will not be responsible or liable for a student’s mobile communication device which is brought on campus or to a school activity and is lost, stolen, or damaged. Policy Review The Board shall review and, as necessary, update this policy at least once every five years. Any such review or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community. Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. State 5 CCR 300-307 Civ. Code 1714.1 Ed. Code 200-262.4 Ed. Code 32280-32289.5 Ed. Code 35181 Description Duties of students Liability of parent/guardian for act of willful misconduct by a minor Prohibition of discrimination School safety plans Governing board authority to set policy on responsibilities of students Ed. Code 35291-35291.5 Rules Ed. Code 44807 Teachers’ duty concerning conduct of students Ed. Code 48900-48925 Ed. Code 48901.5 Ed. Code 48901.7 Ed. Code 48901.8 Ed. Code 51512 Pen. Code 1546.1 Pen. Code 288.2 Pen. Code 313 Pen. Code 647 Pen. Code 653.2 Suspension and expulsion Prohibition of electronic signaling devices Limitation or prohibition of student use of smartphones Limitation or prohibition of student use of social media Prohibited use of electronic listening or recording device Electronic Communications Privacy Act Harmful matter with intent to seduce Harmful matter Use of camera or other instrument to invade person’s privacy; misdemeanor Electronic communication devices; threats to safety Veh. Code 23123-23124 Prohibitions against use of electronic devices while driving Federal 20 USC 1681-1688 Management Resources California Department of Education Publication Court Decision Court Decision Court Decision Court Decision Court Decision CSBA Publication CSBA Publication U.S. Department of Education Publication Website Website Website Website Description Title IX of the Education Amendments of 1972; discrimination based on sex Description Bullying at School, 2003 Safford Unified School District V. Redding (2009) 557 US 364 Mahanoy Area School District v. B.L. (2021) 594 U.S. 180 J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094 New Jersey v. T.L.O. (1985) 469 U.S. 325 Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503 Cyberbullying:  Policy Considerations for Boards, Policy Brief, rev. July 2010 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 Planning Together: A Playbook for Student Personal Device Policies, December 2024 CSBA District and County Office of Education Legal Services National School Safety Center Center for Safe and Responsible Internet Use California Department of Education, Safe Schools Website CSBA Website U.S. Department of Education Cross References Code 0450 0450 Description Comprehensive Safety Plan Comprehensive Safety Plan 5131 Conduct 5131.2 Bullying 5131.2 Bullying 5131.4 5131.4 5131.9 5137 5141.52 5141.52 5145.12 5145.12 5145.2 5145.2 6159 6159 6163.4 6163.4-E(1) Student Disturbances Student Disturbances Academic Honesty Positive School Climate Suicide Prevention Suicide Prevention Search And Seizure Search And Seizure Freedom Of Speech/Expression Freedom Of Speech/Expression Individualized Education Program Individualized Education Program Student Use Of Technology Student Use Of Technology This policy applies to the San Francisco Unified School District and the County Office of Education. The Governing Board recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being, and could be harmful and disruptive of the instructional program in some circumstances. When on campus or when under the supervision of district employees, students may use smartphones and other mobile communication devices only as permitted under this policy. Students may possess cell phones, smart watches, pagers, or other mobile communication devices on campus as long as the device is utilized in accordance with law, Board Policy and any rules that individual school sites may impose. All mobile communication devices shall be turned off and put away during instructional time, including during passing period.  Limitations Students may not use mobile communication devices at school or school sponsored activities to take pictures, film or video of students or school staff (including teachers, administrators or staff) without the prior written consent of the student or staff person. Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person.  Any use that disrupts the educational process or school programs or activities is prohibited.  Any use that violates the SFUSD rules, policies or regulations (including the SFUSD Acceptable Use Agreement), federal or state law is prohibited, including but not limited to cyberbullying, sexual harassment, threats, or cheating on tests or assignments.   Option 1: (Limited use of smartphones and other mobile communication devices) Students may use smartphones or other mobile communication devices on campus during noninstructional time as long as the device is utilized in accordance with law and any applicable school rules. Mobile communication devices shall be turned off during instructional time. End Option 1 Option 2: (Prohibited use of smartphones and other mobile communication devices) Students shall not use smartphones or other mobile communication devices while at a school site or under the supervision and control of a district employee. End Option 2 However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:  (Education Code 48901.5, 48901.7) 1. In the case of an emergency, or in response to a perceived threat of danger 2. When a teacher or administrator grants permission to the student to possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator 3. When a licensed physician or surgeon determines that the possession or use is necessary for the student’s health and well-being 4. When the possession or use is required by the student’s individualized education program The Superintendent or designee may undertake measures or strategies in accordance with law, to limit student access to smartphones and other mobile communication devices on campus. (Education Code 48901.7) A student’s personal electronic device shall not be searched except as provided in BP 5145.12 (Search and Seizure) and Penal Code 1546.1. without the specific consent of the student’s parent/guardian, except pursuant to a lawfully issued warrant, when a school official, in good faith, believes that an emergency involving danger of death or serious physical injury to the student or others requires access to the electronic device information, or when the search is otherwise permitted pursuant to Penal Code 1546.1 Violation of Use Guidelines When a student uses a mobile communication device in an unauthorized manner while at a school site or under the supervision and control of a district employee, the student may be disciplined and a district employee may confiscate the device; or may require the parent to come to school to recover the device.  It will be left to the discretion of the staff member to determine the appropriate response depending on the particular circumstances.  A student’s right to carry such devices may be revoked for a serious or repeated violation of these guidelines except where deemed medically necessary.  The employee shall store the device securely until it is returned to the student or parent/guardian or turned over to the principal or designee, as appropriate.  A student may also be subject to discipline, in accordance with law, Board policy, or administrative regulation, for off-campus use of a mobile communication device which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities. The district will not be responsible or liable for a student’s mobile communication device which is brought on campus or to a school activity and is lost, stolen, or damaged. Policy Review The Board shall review and, as necessary, update this policy at least once every five years. Any such review or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community. Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. State 5 CCR 300-307 Civ. Code 1714.1 Ed. Code 200-262.4 Ed. Code 32280-32289.5 Ed. Code 35181 Description Duties of students Liability of parent/guardian for act of willful misconduct by a minor Prohibition of discrimination School safety plans Governing board authority to set policy on responsibilities of students Ed. Code 35291-35291.5 Rules Ed. Code 44807 Teachers’ duty concerning conduct of students Ed. Code 48900-48925 Ed. Code 48901.5 Ed. Code 48901.7 Ed. Code 48901.8 Ed. Code 51512 Pen. Code 1546.1 Pen. Code 288.2 Pen. Code 313 Pen. Code 647 Pen. Code 653.2 Suspension and expulsion Prohibition of electronic signaling devices Limitation or prohibition of student use of smartphones Limitation or prohibition of student use of social media Prohibited use of electronic listening or recording device Electronic Communications Privacy Act Harmful matter with intent to seduce Harmful matter Use of camera or other instrument to invade person’s privacy; misdemeanor Electronic communication devices; threats to safety Veh. Code 23123-23124 Prohibitions against use of electronic devices while driving Federal 20 USC 1681-1688 Management Resources California Department of Education Publication Court Decision Court Decision Court Decision Court Decision Court Decision CSBA Publication CSBA Publication U.S. Department of Education Publication Website Website Website Website Description Title IX of the Education Amendments of 1972; discrimination based on sex Description Bullying at School, 2003 Safford Unified School District V. Redding (2009) 557 US 364 Mahanoy Area School District v. B.L. (2021) 594 U.S. 180 J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094 New Jersey v. T.L.O. (1985) 469 U.S. 325 Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503 Cyberbullying:  Policy Considerations for Boards, Policy Brief, rev. July 2010 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 Planning Together: A Playbook for Student Personal Device Policies, December 2024 CSBA District and County Office of Education Legal Services National School Safety Center Center for Safe and Responsible Internet Use California Department of Education, Safe Schools Website CSBA Website U.S. Department of Education Cross References Code 0450 0450 Description Comprehensive Safety Plan Comprehensive Safety Plan 5131 Conduct 5131.2 Bullying 5131.2 Bullying 5131.4 5131.4 5131.9 5137 5141.52 5141.52 5145.12 5145.12 5145.2 5145.2 6159 6159 6163.4 6163.4-E(1) Student Disturbances Student Disturbances Academic Honesty Positive School Climate Suicide Prevention Suicide Prevention Search And Seizure Search And Seizure Freedom Of Speech/Expression Freedom Of Speech/Expression Individualized Education Program Individualized Education Program Student Use Of Technology Student Use Of Technology This policy applies to the San Francisco Unified School District and the County Office of Education. The Governing Board recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being, and could be harmful and disruptive of the instructional program in some circumstances. When on campus or when under the supervision of district employees, students may use smartphones and other mobile communication devices only as permitted under this policy. Students may possess cell phones, smart watches, pagers, or other mobile communication devices on campus as long as the device is utilized in accordance with law, Board Policy and any rules that individual school sites may impose. All mobile communication devices shall be turned off and put away during instructional time, including during passing period.  Limitations Students may not use mobile communication devices at school or school sponsored activities to take pictures, film or video of students or school staff (including teachers, administrators or staff) without the prior written consent of the student or staff person. Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person.  Any use that disrupts the educational process or school programs or activities is prohibited.  Any use that violates the SFUSD rules, policies or regulations (including the SFUSD Acceptable Use Agreement), federal or state law is prohibited, including but not limited to cyberbullying, sexual harassment, threats, or cheating on tests or assignments.   Option 1: (Limited use of smartphones and other mobile communication devices) Students may use smartphones or other mobile communication devices on campus during noninstructional time as long as the device is utilized in accordance with law and any applicable school rules. Mobile communication devices shall be turned off during instructional time. End Option 1 Option 2: (Prohibited use of smartphones and other mobile communication devices) Students shall not use smartphones or other mobile communication devices while at a school site or under the supervision and control of a district employee. End Option 2 However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:  (Education Code 48901.5, 48901.7) 1. In the case of an emergency, or in response to a perceived threat of danger 2. When a teacher or administrator grants permission to the student to possess or use a mobile communication device, subject to any reasonable limitation imposed by that teacher or administrator 3. When a licensed physician or surgeon determines that the possession or use is necessary for the student’s health and well-being 4. When the possession or use is required by the student’s individualized education program The Superintendent or designee may undertake measures or strategies in accordance with law, to limit student access to smartphones and other mobile communication devices on campus. (Education Code 48901.7) A student’s personal electronic device shall not be searched except as provided in BP 5145.12 (Search and Seizure) and Penal Code 1546.1. without the specific consent of the student’s parent/guardian, except pursuant to a lawfully issued warrant, when a school official, in good faith, believes that an emergency involving danger of death or serious physical injury to the student or others requires access to the electronic device information, or when the search is otherwise permitted pursuant to Penal Code 1546.1 Violation of Use Guidelines When a student uses a mobile communication device in an unauthorized manner while at a school site or under the supervision and control of a district employee, the student may be disciplined and a district employee may confiscate the device; or may require the parent to come to school to recover the device.  It will be left to the discretion of the staff member to determine the appropriate response depending on the particular circumstances.  A student’s right to carry such devices may be revoked for a serious or repeated violation of these guidelines except where deemed medically necessary.  The employee shall store the device securely until it is returned to the student or parent/guardian or turned over to the principal or designee, as appropriate.  A student may also be subject to discipline, in accordance with law, Board policy, or administrative regulation, for off-campus use of a mobile communication device which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities. The district will not be responsible or liable for a student’s mobile communication device which is brought on campus or to a school activity and is lost, stolen, or damaged. Policy Review The Board shall review and, as necessary, update this policy at least once every five years. Any such review or update shall include significant stakeholder participation to ensure that the policy is responsive to the unique needs and desires of the school community. Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. State 5 CCR 300-307 Civ. Code 1714.1 Ed. Code 200-262.4 Ed. Code 32280-32289.5 Ed. Code 35181 Description Duties of students Liability of parent/guardian for act of willful misconduct by a minor Prohibition of discrimination School safety plans Governing board authority to set policy on responsibilities of students Ed. Code 35291-35291.5 Rules Ed. Code 44807 Teachers’ duty concerning conduct of students Ed. Code 48900-48925 Ed. Code 48901.5 Ed. Code 48901.7 Ed. Code 48901.8 Ed. Code 51512 Pen. Code 1546.1 Pen. Code 288.2 Pen. Code 313 Pen. Code 647 Pen. Code 653.2 Suspension and expulsion Prohibition of electronic signaling devices Limitation or prohibition of student use of smartphones Limitation or prohibition of student use of social media Prohibited use of electronic listening or recording device Electronic Communications Privacy Act Harmful matter with intent to seduce Harmful matter Use of camera or other instrument to invade person’s privacy; misdemeanor Electronic communication devices; threats to safety Veh. Code 23123-23124 Prohibitions against use of electronic devices while driving Federal 20 USC 1681-1688 Management Resources California Department of Education Publication Court Decision Court Decision Court Decision Court Decision Court Decision CSBA Publication CSBA Publication U.S. Department of Education Publication Website Website Website Website Description Title IX of the Education Amendments of 1972; discrimination based on sex Description Bullying at School, 2003 Safford Unified School District V. Redding (2009) 557 US 364 Mahanoy Area School District v. B.L. (2021) 594 U.S. 180 J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094 New Jersey v. T.L.O. (1985) 469 U.S. 325 Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503 Cyberbullying:  Policy Considerations for Boards, Policy Brief, rev. July 2010 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 Planning Together: A Playbook for Student Personal Device Policies, December 2024 CSBA District and County Office of Education Legal Services National School Safety Center Center for Safe and Responsible Internet Use California Department of Education, Safe Schools Website CSBA Website U.S. Department of Education Cross References Code 0450 0450 Description Comprehensive Safety Plan Comprehensive Safety Plan 5131 Conduct 5131.2 Bullying 5131.2 Bullying 5131.4 5131.4 5131.9 5137 5141.52 5141.52 5145.12 5145.12 5145.2 5145.2 6159 6159 6163.4 6163.4-E(1) Student Disturbances Student Disturbances Academic Honesty Positive School Climate Suicide Prevention Suicide Prevention Search And Seizure Search And Seizure Freedom Of Speech/Expression Freedom Of Speech/Expression Individualized Education Program Individualized Education Program Student Use Of Technology Student Use Of Technology