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Lodi Unified School District

Policy 5131.8 - Mobile Communication Devices

Series: 5000 - Students

Policy: 5131.8 - Mobile Communication Devices

Adopted: 09/02/2025

Last Revised: n/a

Last Reviewed: n/a

Download Policy 5131.8 - Mobile Communication Devices PDF (English)

Mobile communication devices

The Board of Education recognizes that student use of smartphones and other mobile communication devices on campus may be beneficial to student learning and well-being but could also be a distraction to learning and disruptive of the instructional program in some circumstances. This policy is designed to support students in developing healthy habits around technology use to help maximize their educational experience. 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 shall not use smartphones or other mobile communication devices during school hours.
However, a student shall not be prohibited from possessing or using a mobile communication device under any of the following circumstances:

  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 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.

Smartphones and other mobile communication devices shall not be used in any manner which infringes on the privacy rights of any other person.

A student's personal electronic device shall not be searched without the 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.

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 the district employee may temporarily confiscate the device. The employee shall store the device securely until it is returned to the student 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 rule, 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.

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

Legal References

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 Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.

STATE
CALIFORNIA CODE OF REGULATIONS
5 CCR 300-307 Duties of students
CIVIL CODE
1714.1 Liability of parent/guardian for act of willful misconduct by a minor
EDUCATION CODE
200-262.4 Prohibition of discrimination
32280-32289.5 School safety plans
35181 Governing board authority to set policy on responsibilities of students
35291-35291.5 Rules
44807 Teachers' duty concerning conduct of students
48900-48925 Suspension and expulsion
48901.5 Prohibition of electronic signaling devices
48901.7 Limitation or prohibition of student use of smartphones
48901.8 Limitation or prohibition of student use of social media
51512 Prohibited use of electronic listening or recording device
PENAL CODE
1546.1 Electronic Communications Privacy Act
288.2 Harmful matter with intent to seduce
313 Harmful matter
647 Use of camera or other instrument to invade person's privacy; misdemeanor
653.2 Electronic communication devices; threats to safety
VEHICLE CODE
23123-23124 Prohibitions against use of electronic devices while driving
 
FEDERAL
UNITED STATE CODE
20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex
 
MANAGEMENT RESOURCES
CA DEPARTMENT OF ED PUBLICATION
Bullying at School, 2003
COURT DECISIONS
Safford Unified School District V. Redding (2009) 557 US 364
Mahanoy Area School District v. B.L. (2021) 141 S.Ct. 2038
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
CSBA PUBLICATIONS
Cyberbullying: Policy Considerations for Boards, Policy Brief, rev. July 2010
Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
U.S. DEPARTMENT OF EDUCATION PUBLICATION
Planning Together: A Playbook for Student Personal Device Policies, December 2024
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/#
National School Safety Center http://www.schoolsafety.us/
California Department of Education, Safe Schools http://www.cde.ca.gov/ls/ss
U.S. Department of Education http://www.ed.gov/