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needed. The complaint procedure established by the          potentially illegal activity the confiscated-PCD may be
Superintendent shall be followed.                           turned-over to law enforcement. A student’s PCD will
                                                            be returned if, at the conclusion of the investigation, it is
R.C. 3313.666, 3313.667                                     found that the student has not violated this provision.
State Board of Education Model Policy (2007)
Adopted 8/1/09                                              The use of PCDs that contain built-in cameras (i.e.,
Revised 6/13/11                                             devices that take still or motion pictures, whether in a
Revised 6/11/12                                             digital or other format) is prohibited in, gymnasiums,
Revised 4/28/14                                             locker rooms, shower facilities, rest/bathrooms and/or
                                                            swimming pool.
Personal Communication Devices
                                                            Students shall have no expectation of confidentiality
Board Policy: 5136                                          with respect to their use of PCDs on school
Students may use personal communication devices             premises/property.
(PCDs) before and after school, during their lunch
break, in between classes as long as they do not create     Students may not use a PCD in any way that might
a distraction, disruption or otherwise interfere with the   reasonably create in the mind of another person an
educational environment, during after school activities     impression of being threatened, humiliated, harassed,
(e.g. extra-curricular activities), and at school-related   embarrassed or intimidated. See Policy 5517.01 –
functions.                                                  Bullying and Other Forms of Aggressive Behavior. In
                                                            particular, students are prohibited from using PCDs to:
Technology including, but not limited to, PCDs intended     (1) transmit material that is threatening, obscene,
and actually used for instructional purposes (e.g.,         disruptive, or sexually explicit or that can be construed
taking notes, recording classroom lectures, writing         as harassment or disparagement of others based upon
papers) will be permitted, as approved by the               their race, color, national origin, sex, sexual orientation,
classroom teacher or the building principal.                disability, age, religion, ancestry, or political beliefs; and
                                                            (2) engage in "sexting" - i.e., sending, receiving,
For purposes of this policy, “personal communication        sharing, viewing, or possessing pictures, text
device” includes computers, tablets (e.g., iPads and        messages, e-mails or other materials of a sexual nature
similar devices), electronic readers (“e-readers”; e.g.     in electronic or any other form. Violation of these
Kindles and similar devices), cell phones (e.g.,            prohibitions shall result in disciplinary action.
mobile/cellular telephones, smartphones (e.g.,              Furthermore, such actions will be reported to local law
Blackberry, iPhone, Android devices, Windows Mobile         enforcement and child services as required by law.
devices, etc.), and telephone paging devices (e.g.,
beepers or pagers). Students may not use PCDs on            Students are also prohibited from using a PCD to
school property or at a school-sponsored activity to        capture, record, and/or transmit test information or any
access and/or view Internet web sites that are              other information in a manner constituting fraud, theft,
otherwise blocked to students at school. Students may       cheating, or academic dishonesty. Likewise, students
use PCDs while riding to and from school on a school        are prohibited from using PCDs to receive such
bus or other Board-provided vehicles or on a school         information.
bus or Board-provided vehicle during school-sponsored
activities, at the discretion of the bus driver, classroom  Possession of a PCD by a student at school during
teacher or sponsor/advisor/coach. Distracting behavior      school hours and/or during extra-curricular activities is
that creates an unsafe environment will not be              a privilege that may be forfeited by any student who
tolerated.                                                  fails to abide by the terms of this policy, or otherwise
                                                            abuses this privilege.
Also, during after school activities, PCDs shall be
powered completely off (not just placed into vibrate or     Violations of this policy may result in disciplinary action
silent mode) and stored out of sight when directed by       and/or confiscation of the PCD. The building principal
the administrator or sponsor.                               will also refer the matter to law enforcement or child
                                                            services if the violation involves an illegal activity (e.g.,
Under certain circumstances, a student may keep             child pornography, sexting). Discipline will be imposed
his/her PCD “On” with prior approval from the building      on an escalating scale ranging from a warning to an
principal.                                                  expulsion based on the number of previous violations
                                                            and/or the nature of or circumstances surrounding a
Except as authorized by a teacher, administrator or IEP     particular violation. If the PCD is confiscated, it will be
team, students are prohibited from using PCDs during        released/returned to the student's parent/guardian after
the school day, including while off-campus on a field       the student complies with any other disciplinary
trip, to capture, record and/or transmit the words or       consequences that are imposed, unless the violation
sounds (i.e., audio) and/or images (i.e., pictures/video)   involves potentially illegal activity in which case the
of any student, staff member or other person. Using a       PCD may be turned-over to law enforcement. A
PCD to capture, record and/or transmit audio and/or         confiscated device will be marked in a removable
pictures/video of an individual without proper consent is   manner with the student's name and held in a secure
considered an invasion of privacy and is not permitted.     location in the building's central office until it is retrieved
Students who violate this provision and/or use a PCD to     by the parent/guardian or turned-over to law
violate the privacy rights of another person may have       enforcement. School officials will not search or
their PCD confiscated and held, and may be directed to      otherwise tamper with PCDs in District custody unless
delete the audio and/or picture/video file while the        they reasonably suspect that the search is required to
parent/guardian is present. If the violation involves
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