Policies and Regulations

School Board of the City of Virginia Beach
Regulation 5-36.8

STUDENTS

Possession/Use of Portable Communications Devices

Portable Communication Devices – Definitions
For purposes of this Regulation and Policy 3-65 “Portable Communications Devices” are defined to include portable two-way communications devices, including but not limited to cellular telephones, beepers, walkie talkies, personal digital assistants, and other computing devices (when such device is being used as a communications device). This definition will also include any new technology developed for similar purposes.
Elementary, Middle, and High Schools – Possession, Display and Use
1. Students in elementary, middle and high schools may possess, display and use Portable Communications Devices before or after the instructional day only as set forth in this Regulation.
2. The school may revoke the privilege to possess or use the Portable Communications Devices for violation of this Regulation. (See Student Discipline Guidelines/Code of Student Conduct.)
3. Students may use Portable Communications Devices for instructional purposes as defined and supervised by the classroom teacher or administrator. To avoid disruption of the instructional process, students shall not display, use, or activate Portable Communications Devices during the instructional day unless specifically given permission by a teacher or school administrator. For the purposes of this Regulation the “instructional day” is defined as the moment a student enters the school building to the final dismissal bell. The “instructional day” includes, but is not limited to, study halls, lunch breaks, class changes and any other structured or non-structured instructional activity that occurs during the normal school day. Students are responsible for ensuring that their devices are turned off and out of sight during the instructional day when not in use as directed by a teacher or administrator.
4. Before or after the instructional day, students may possess, display and use such Portable Communications Devices.
5. Portable Communications Devices at Before- or After-School Activities:
  Portable Communications Devices may be activated, displayed, or used at before- or after-school activities by students provided they do not interfere with the school activities and their use conforms to directives of the school administration in charge of such activities.
  
  Evidence of unlawful or disruptive use will result in disciplinary action according to the Discipline Guidelines as specified in the Code of Student Conduct and/or reports to law enforcement authorities.
  
  Students shall be mindful of the disruptive effect to others when using a Portable Communications Device during before- or after-school activities (indoor or outdoor sports events, club meetings, music events, etc.) and endeavor to use reasonable efforts to minimize inconvenience and discourtesy to others. Students may be disciplined for disruptive or inappropriate behavior related to possession or use of Portable Communications Devices.
6. Portable Communications Devices on Regular School Bus Runs
  Portable Communications Devices may be activated, displayed, or used on a School Board owned/leased school bus or vehicle by students being transported to and/or from school or school sponsored events.
  
  Evidence of unlawful or unauthorized use will result in disciplinary action according to the Discipline Guidelines as specified in the Code of Student Conduct.
7. Portable Communications Devices in Vehicles
  Portable Communications Devices may be housed in student owned or used vehicles on School Board property; however, their use is prohibited except as specifically authorized by this Regulation.
8. Portable Communications Devices for Walking Zones, Express Stops
  Portable Communications Devices may be used by students walking to and from school or at express stops. Evidence of unlawful or unauthorized use will result in disciplinary action according to the Discipline Guidelines as specified in the Code of Student Conduct.
9. Responsibility/Liability
  The School Board will assume no responsibility in any circumstance for the loss/destruction/damage or theft of Portable Communications Devices or for any bill associated with the authorized or unauthorized use of Portable Communications Devices. Students will be responsible for locating such lost/stolen items.
Discipline
School officials shall take possession of Portable Communications Devices for twenty-four hours for any violation of this Regulation and parents/legal guardians/adult students must make arrangements with school officials to claim such devices. Specific times may be established by school officials for parents/legal guardians/adult students to retrieve such devices. Confiscated Portable Communications Devices will not be released to minor students under any circumstances.

In addition to school officials taking possession of these Portable Communications Devices until the parents/legal guardians/adult students retrieve such Portable Communications Devices, students who violate this regulation shall be subject to discipline in accordance with the Virginia Beach City Public Schools Discipline Guidelines as specified in the Code of Student Conduct.

As a condition of possessing and using a Portable Communications Device on school property, at school sponsored events or while traveling to and from school, students and their parents/legal guardians are deemed to have consented to reasonable searches of the Portable Communications Device. A Portable Communications Device may be searched or reviewed by school personnel or authorized agents when reasonable suspicion exists that the Portable Communications Device was used in violation of this Regulation, the Code of Student Conduct or other law or regulation. School personnel may use other information obtained from the Portable Communications Device during such review as the basis for discipline or referral to other appropriate authorities.

Failure to comply with the provisions of this Regulation may result in revocation of the privilege to possess or use Portable Communications Devices on school property, at school-sponsored events or traveling to or from school.

Editor’s Note
See School Board Policy 3-65 (Security of Buildings and Grounds: Cellular Phones and other Portable Communications Devices).

See Student Discipline Guidelines/Code of Student Conduct.

Legal Reference:

Code of Virginia § 22.1-277, as amended. Suspension and expulsion of pupils; generally.

Code of Virginia § 22.1-279.6, as amended. Guidelines for School Board policies.

Approved by Superintendent: January 21, 1997
Approved by Superintendent: February 12, 2001
Amended by the School Board: June 11, 2002
Amended by the School Board: June 17, 2003
Amended by the School Board: June 8, 2004
Amended by the School Board: June 5, 2007
Amended by the School Board: June 2, 2009
Amended by the School Board: June 5, 2012