The Board of Education may provide wireless communication devices ("WCDs") (i.e. cellular and/or wireless telephones, and/or pagers/beepers, etc.) to employees who by the nature of their job have a routine and continuing business need for the use of such devices for official Board business. WCDs are provided as a tool to conduct Board business and to enhance business efficiencies. WCDs are not a personal benefit and shall not be a primary mode of communication, unless they are the most cost-effective means to conduct Board business (i.e. because some wireless service plans are billed on a time-used basis, Board-owned WCDs should not be used if a less costly alternative method of communication is safe, convenient and readily available).

The Superintendent is authorized to designate those staff members who will be issued a Board-owned WCD and provided with a wireless service plan.

The Superintendent or his/her designee is responsible for verifying that:

In deciding which staff members should receive a Board-owned WCD, the Superintendent may consider whether their jobs:

Wireless service plans are expected to be set at the minimum level that fulfills the business need for the position in question. The wireless service plan that is selected for an employee should be the one that provides a combination of services including number of minutes, coverage, and local call zone most nearly matching the employee's recurring business needs as well as whether or not the service plan includes text messaging, instant message and/or e-mail capability, and ability to access the Internet. If the wireless plan is based on minutes used for calls made or includes a charge regarding text, e-mail or instant messages, the smallest plan available to accommodate the particular business need shall be utilized.

The Board shall approve the Superintendent's recommendation regarding the type and level of wireless service appropriate for staff member(s). In all cases, the Superintendent shall take the steps necessary to secure the most economical and responsible service available.

Thereafter, review of the service plans available shall be made at least every two (2) years in order to determine if the District's wireless service plans are the most economical and responsible available. Any such change in provider and/or necessary adjustments to staff members’ devices and/or service plans shall be presented to the Board for consideration and approval.

Possessing a Board-owned WCD is a privilege and all employees are expected to use them appropriately and responsibly. Employees are responsible for managing the cost effectiveness of WCD use by utilizing assigned landline and/or designated computers as available and appropriate. Employees should know that using a WCD to place calls outside the immediate area might result in roaming charges, in addition to long distance and regular charges, and that the Board is charged for both outgoing and incoming calls. Roaming charges, long distance and regular charges not associated with business use will become the sole responsibility of the employee to whom the WCD is assigned. They will be invoiced for said extra charges with expected payment of reimbursement to the Board within ten (10) days of receipt.

In order to continue to be eligible to receive a Board-owned WCD, staff members are required to answer all calls on his/her WCD and promptly respond to any messages.

In order to continue to receive the Board-owned WCD, non-exempt employees are required to answer all calls on his/her WCD and promptly respond to any messages during his/her normally assigned work hours only.

Employee safety is a priority of the Board, and all employees are responsible for following all Federal and State laws for safe use of WCD’s at all times when traveling in a moving vehicle or when operating potentially hazardous equipment.

Employees whose job responsibilities include regular or occasional driving and who are issued a Board-owned WCD for business shall refrain from using the device while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees shall pull off to the side of the road and safely stop the vehicle before placing or accepting a call, or using the WCD for any reason. If acceptance of a call is unavoidable and pulling over is not an option, employees are expected to keep the call short, use hands-free options (e.g. headsets or voice activation) if available, refrain from discussion of complicated or emotional topics, and keep their eyes on the road. Additionally, special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an unfamiliar area. In the interest of safety for both Board employees and other drivers, employees are required to comply with all applicable laws while driving.

Employees are subject to all applicable policies and guidelines pertaining to protection of the security, integrity and availability of the data stored on their Board-owned WCDs.

Wireless communications of all kinds sent to and from WCDs may not be secure. Therefore, employees should use discretion in relaying confidential information, particularly as it relates to students.

Additionally, wireless communications, including text messages, instant messages and e-mails sent and/or received by a public employee or school official using their WCD may constitute public records if the content of the message concerns District business, or an education record if the content includes personally identifiable information about a student. Wireless communications that are public records are subject to retention and disclosure, upon request, in accordance with Policy – 8310 Public Records. Wireless communications that are student records should be maintained pursuant to Policy 8330 – Student Records. Finally, wireless communications and other electronically stored information (ESI) stored on the staff member's Board-owned WCD may be subject to a Litigation Hold pursuant to Policy 8315 – Information Management. Employees are required to comply with District requests to produce copies of wireless communications in their possession that are either public records or education records, or that constitute ESI that is subject to a Litigation Hold.

Except in emergency situations, employees are prohibited from using WCDs to capture, record or transmit the words (i.e. audio) and/or images (i.e. pictures/video) of any student, staff member or other person on or in any Board owned facility or while attending a school-related activity, without express authorization by the building principal or Superintendent. Using a WCD to take or transmit such audio and/or pictures/video of any individual is not permitted, unless authorized by the building principal or Superintendent.

At no time may any WCD be utilized by an employee in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated.

Employees are solely responsible for the safekeeping, care and custody of the WCDs assigned to them. Further, employees are financially responsible for the cost of misuse, intentional damage or reckless loss of the WCDs provided to them. The District does not provide or purchase insurance to allow for loss or damage to its WCDs.

Reasonable precautions should be taken to prevent unauthorized use/access to, or loss, damage, theft and/or vandalism to said devices. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the WCD for return or inspection. Employees unable to present the device in good working condition within the time period requested (e.g. twenty-four (24) hours) will be expected to bear the cost of a replacement. Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss.

The Superintendent’s designee will review the detailed monthly statement for all charges to determine billing accuracy. In the event that the designee is made aware that the employee is improperly using the Board owned WCD, the assigned employee shall be billed for the cost of the inappropriate and/or personal use of the WCD. Any amount owed will be invoiced to the assigned employee, and reimbursement to the Board shall be made within ten (10) days.

Any assigned employee who regularly places or receives personal calls, or otherwise uses his/her Board-owned WCD for non-Board business may be subject to disciplinary action and shall reimburse the Board of Education for such use.

WCDs may not be transferred to any other employee without prior notification and approval of the Telecommunications Department. Employees provided with a WCD understand that the WCD is owned by the Board. Any alteration or switching of WCDs must be approved in advance by the Telecommunications Department.

Cellular telephone numbers provided by the Board, via contract with a wireless service provider/vendor, are considered business numbers of the District which shall remain and belong to the Board for its use, unless otherwise changed by the service provider/vendor or as mandated by the Federal Communications Commission. Employees shall not transfer/port a previous cellular telephone number to a Board-owned WCD. Employees shall not forward calls from any other phone number to a Board owned WCD and vice versa.

The Board reserves the right to inspect and audit all Board-owned WCDs, which will include but not be limited to, a review of the detailed monthly statement upon submission after the requisite review by the Telecommunications Department. The detailed monthly service statements for all Board-owned WCDs as well as invoices and payment documents related to these accounts are public records and, as such, may be subject to public disclosure and review.

All WCDs, including but not limited to those with camera/video function, may not be possessed, activated or utilized at any time in any school situation where reasonable expectation of personal privacy exists. These locations and circumstances include but are not limited to locker rooms, shower facilities, restrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The building principal has authority to make determinations as to other specific locations within their respective schools and situations where possession of a WCD is prohibited.

The Board recognizes that in rare circumstances or emergencies it may be necessary for an employee to use a Board-owned WCD for personal communication. The Board generally prohibits such conduct as emphasized by this policy, but realizes there may be limited situations when such use may be justified. Employees are warned not to take advantage of this provision and that repeated use of a Board-owned WCD for personal communications will result in disciplinary action.

WCDs provided by the Board are a public resource and shall be used for Board business only. Board-owned WCDs may not be used for personal uses, except in clearly urgent/emergency situations, when no other telephone is readily available, and the call is related to the conduct of official business. Thus, communication home notifying family of the employee's whereabouts, etc. when required to work extended hours shall be considered business-related. Such communications should be kept brief and to the point.

Board-owned WCDs should not be misused for personal business. If an employee determines the need to make or receive personal communications on a Board-owned WCD, or use such WCD for personal purposes then the employee is required to pay the Board the full cost related to such activity, including the pro rata amount of the monthly service charge. Employees in such circumstances are responsible for generating their own log/record of business and personal communications made on the Board-owned WCD, reviewing the monthly statement to differentiate between business-related and personal calls, and remitting the full amount owed for personal calls within ten (10) days of the receipt of the monthly statement. The Telecommunications Department will engage in periodic audits of the employee's WCD records in addition to reviewing the employee’s monthly WCD statements. An employee’s failure to reimburse the Board within the specified period may result in deduction of the amount due from the employee's paycheck, or final check upon termination of employment, or garnishment of wages if the employee has received his/her final check upon termination of employment.

Board employees may carry personal WCDs with them while on Board time and/or while operating Board equipment, but are subject to the following restrictions:

Any use of a Board-owned WCD in violation of this policy or in any other manner contrary to local, State or Federal law will constitute misuse and may constitute just cause for disciplinary action against the employee responsible for the Board-owned WCD up to and including termination. The Board reserves the right to immediately suspend or cancel an employee’s privilege to use a Board-owned WCD and/or require the immediate return of the Board-owned WCD.

Adopted 2/27/06
Revised 10/12/09