R277-495-4. LEA Electronic Device Policy Requirements

(1) An LEA's policy shall include at least the following: (a) definitions of electronic devices covered by policy; (b) prohibitions on the use of electronic devices in ways that: (i) significantly impair academic excellence; (ii) bully, humiliate, harass, or intimidate school-related individuals, including students, employees, and guests, consistent with Rules R277-609 and R277-613; or (iii) violate local, state, or federal laws; (c) the prohibition of access by students, LEA employees and guests to inappropriate matter on the internet while using: (i) LEA equipment, services, or connectivity whether on or off school property; or (ii) equipment provided through an ESP, if applicable; (d) directives on the safety and security of students when using social media and other forms of electronic communications; (e) directives on unauthorized access, including hacking and other unlawful activities by a user of an LEA electronic device; (f) directives on unauthorized disclosure, use and dissemination of personal student information under Rule R277-487 and the Family Educational Rights and Privacy Act (FERPA)34 CFR, Part 99; and (g) alignment with Subsection 53G-4-402(22). (2) In addition to the requirements of Subsection (1), an LEA's policies for student use of electronic devices shall include directives regarding the following: (a) the use of privately-owned electronic devices during standardized assessments; (b) administrative penalties for misuse of electronic devices during school hours or at a school-sponsored activity, program, or event; (c) violations of an LEA's acceptable use policies that may result in confiscation of LEA-owned electronic devices or restricted access on the LEA's; (d) a student's personal responsibility for devices assigned or provided to a student by the LEA, both for loss or damage of electronic devices and use of electronic devices consistent with the LEA's directives; (e) use of electronic devices in violation of an LEA's or teacher's instructional policies may result in the confiscation of privately-owned electronic devices for a designated period and may result in the school contacting a parent to address the alleged violation; (f) uses of privately-owned electronic devices to bully or harass other students or employees during school hours or at school-sponsored activities that may result in the student being subject to LEA disciplinary action; and (g) prohibition on requiring the use of a privately-owned electronic device to complete course work; and (h) for an LEA that contracts with an ESP, requirements related to the use of technology and equipment provided by an ESP including: (i) LEA retention policies regarding waivers or contracts required by ESPs; and (ii) all other requirements as listed in Subsection (1). (3) In addition to Subsections (1) and (2), directives for employee use of electronic devices shall include: (a) notice that use of electronic devices to access inappropriate matter on LEA-owned electronic devices or privately-owned electronic devices on school property, at school-sponsored events or using school connectivity may have criminal, employment or student disciplinary consequences, and if appropriate, may be reported to law enforcement; (b) notice that an employee is responsible for LEA-issued electronic devices at all times and misuse of an electronic device may have employment consequences, regardless of the user; and (c) required staff responsibilities in educating minors on appropriate online activities, as required by Section 53G-7-1202, and in supervising such activities. (5) An LEA's policies shall also include the following: (a) prohibitions or restrictions on unauthorized use that would cause invasions of reasonable expectations of student and employee privacy; (b) procedures to report the misuse of electronic devices; and (c) potential disciplinary actions toward students or employees for violation of local policies regarding the use of electronic devices; and (d) exceptions to the policy for special circumstances, health-related reasons and emergencies, if any. (6) An LEA shall certify annually through UETN, and as required by the FCC, that the LEA has a CIPA-compliant acceptable use policy.