Policy 5.183

Cellular Telephones and Other Wireless Communications Devices

1. Purpose.-- For ease of reference, this Policy updates and expands upon existing portions of Policies 5.1812 and 5.1813 concerning wireless communications devices, to clarify that students may possess wireless communications devices as allowed by Fla. Stat. § 1006.07(2)(e) (except for camera phones), but students shall not use or display such devices at any time on school property, at a school function, or on District transportation.

2. Definitions.-- As used herein, the terms below are defined as follows:

1. "Wireless communications device" means a handheld electronic device having the ability to receive and/or transmit voice, text, or data messages without a cable connection, such as cellular telephones, digital wireless phones, radio-phones/walkie-talkies, telephone pagers, PDA phones (personal digital assistants with wireless communications capabilities), or RIM ("research in motion") wireless devices.

2. "Camera phone" means any cellular phone (or other wireless communications device) capable of taking digital photographs.

3. Restrictions

1. Students shall not possess, display, or use any camera phone at any time on school grounds or during any school-sponsored program or activity, including school transportation.

2. Although students may possess wireless communications devices pursuant to Fla Stat. § 1006.07(2)(e), students must abide by section (4)(a)(iii)(G) of Policies 5.1812 and 5.1813, "if students possess a cellular phone [or other wireless communications device], it should be turned off and kept inside a book bag, purse, or similar container, and it may not be used (and may not be allowed to emit any ringtone or other noise) on school grounds or during any school-sponsored program or activity, including school transportation."

4. Consequences.-- The following consequences may be imposed for violation of this Policy:

1. As stated in section (4)(a)(iii)(G) of Policies 5.1812 and 5.1813, use or display of a wireless communications device (other than a camera phone) constitutes a display or use of an item that is "disruptive to the general peace and welfare to a school center, school bus, or a school sponsored activity" and consequences will be imposed accordingly.

2. A student's possession or use of a camera phone on school grounds or during any school-sponsored program or activity, including school transportation, shall constitute "possession and/or use of items or contraband designated by the school as inappropriate materials" under Policy 5.1812 or 5.1813, section (4)(a)(iii)(H) ("Prohibited Items, Non-Criminal") and consequences will be imposed accordingly.

3. Additionally, "use of a wireless communications device includes the possibility of the imposition of disciplinary action by the school or criminal penalties if the device is used in a criminal act." Fla. Stat. § 1006.07(2)(e). Furthermore, "any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree." Fla. Stat. § 934.215.