Phone rules have complications

Proposing a policy to direct school districts to implement rules on cell phones may have opened a can of worms for the State Board of Education.

There are legal implications to be aware of, warns Larry Shumway, associate superintendent of law, legislation and educational services for the Utah State Office of Education.

Districts need to consider what happens if an educator confiscates a phone from a student. Is the educator allowed to look at text messages and pictures on the student's phone? May the educator listen to voice messages on the phone?

"What kind of rights do you have if I confiscate your phone?" Shumway said.

These issues are among myriad aspects districts may have to consider if the board approves its electronic device policy. Districts would have to implement their own rule by April 1, 2009.

The board's law and policy committee voted unanimously Friday morning to approve the policy.

The full board voted unanimously Friday afternoon to amend the policy to require that all districts include in their rule a ban on cell phones during state-required tests.

That is simply common sense, said board member Debra Roberts.

The policy is slated to go to the committee for a second reading and to the board for a final reading Nov. 7.

Many districts already have some type of cell phone policy. The rules and consequences vary district to district.

A copy of the board's proposal, along with a draft that districts could use as a model policy, was sent to district superintendents and charter school directors for review.

Some suggestions in the proposal include defining electronic devices and when during the school day students can use them. It advises districts to state what grade levels the rule applies to, consequences for breaking the rules, and exceptions such as students with medical issues.

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