Utah Admin. Code 277-495-4

Current through Bulletin No. 2024-21, November 1, 2024

Section 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 LEA equipment, services, or connectivity whether on or off school property;

(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.

(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.

Utah Admin. Code R277-495-4

Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019

Amended by Utah State Bulletin Number 2023-24, effective 12/11/2023

Amended by Utah State Bulletin Number 2024-20, effective 10/8/2024