Cellphone Bans
In recent years, many states have placed limits on cellphone use by young children and teenagers.
Tennessee law provides local education agencies (LEAs) and public charter schools with authority to regulate student use of wireless communication devices during instructional time, though no statewide ban exists. Under law, Tennessee Code Annotated § 49-6-4002(h), discipline policies or codes of conduct adopted by
school governing bodies "may authorize a teacher to withhold a student's wireless communication device from the student for the duration of the instructional timeif the student is noncompliant with the school's wireless communication device policy adopted pursuant to Tennessee law.
Tennessee Code Annotated § 49-6-320 provides:
Each local board of education and each public charter school governing body shall adopt and implement a wireless communication device policy that:
(1) Except as provided in subdivisions (b)(2)-(4), prohibits a student from using a wireless communication device during instructional time;
(2) Authorizes a teacher to allow a student to use a wireless communication device for educational purposes during instructional time;
(3) Permits a student to use a wireless communication device in the event of an emergency or to manage the student's health;
(4) Permits a student to use a wireless communication device during instructional time if:
(A) The student's use of the wireless communication device is included in the student's:
(i) Individualized education program under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);
(ii) Active 504 plan developed under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); or
(iii) Individual learning plan; or
(B) The wireless communication device is being used by a student with a disability for the operation of assistive technology to increase, maintain, or improve the student's functional capabilities; and
This structure creates a two-step process: first, the local board or charter school governing body must adopt a wireless communication device policy, and second, the discipline policy must authorize teachers to enforce that policy by withholding devices from noncompliant students.
Teachers may only withhold devices "for the duration of the instructional time," not for extended periods beyond the class or school day. Additionally, this authority applies specifically when "the student is noncompliant with the school's wireless communication device policy," meaning enforcement is tied to violation of the locally-adopted policy rather than any general prohibition.
Shelby County Schools Cellphone Policy is:
The increase in use of cell phones and personal communication devices by students during the school day has become far more than a distraction in the school environment. These devices are being used by students as a means of cheating on tests, taking inappropriate pictures and video of students and staff for sharing and posting across the internet, threatening and/or bullying other students, and engaging in an excessive amount of social interaction during instructional time.
Therefore, all students are banned from possessing any type of phone or personal communication device that is turned on or in visible/audible use at any time during the regular school day. For the purpose of this policy, possession means being found in any article of clothing, purse, book bag, carry bag, or in any location on school property other than the approved storage location as written and approved by school officials. Students who wish to carry a cell phone with them to and from school must keep the device turned off and stored (e.g., kept in the student's assigned locker, automobile, or other school approved location at all times during the entire school day), unless otherwise determined by the principal.
While Tennessee courts recognize that "students do not shed their constitutional rights at the school house door, but contours of a student's rights can be properly defined only by considering the special characteristics of the school environment and the significant interest of school officials in controlling the behavior of students to prevent material disruption of class work, to prevent substantial disorder, and to prevent the invasion of the rights of other students or faculty" This principle, established in Heyne v. Metropolitan Nashville Board of Public Education, provides the constitutional framework within which cellphone policies must operate, balancing student rights against legitimate educational interests.
If your child is having issues with his or her cellphone at school, please give Kaufman Monroe Law a call at 901-202-4747. While this blog is not intended as legal advice, the services of one of our experienced attorneys can try to put you onto the right path.
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