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) bully, humiliate, harass, or intimidate school-related individuals, including students, employees, and guests, consistent with R277-609 and R277-613; or

  (ii) violate local, state, or federal laws;

  (c) the prohibition of access by students, LEA employees and guests to inappropriate matter on the internet and world wide web while using LEA equipment, services, or connectivity whether on or off school property;

  (e) directives on the safety and security of students when using social media and other forms of electronic communications;

  (f) directives on unauthorized access, including hacking and other unlawful activities by a user of an LEA electronic device; and

  (g) directives on unauthorized disclosure, use and dissemination of personal student information under R277-487 and the Family Educational Rights and Privacy Act (FERPA)34 CFR, Part 99.

  (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;

  (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

  (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.

  (3) In addition to the provisions of 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.

  (4) 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.

  (5) An LEA shall certify annually through UETN, and as required by the FCC, that the LEA has a CIPA-compliant acceptable use policy.