The Board of Education may provide wireless communication devices ("WCDs") (i.e. cellular and wireless telephones, pagers/beepers, personal digital assistants (PDAs) BlackBerries/Smartphones, WiFi-enabled or broadcast access devices, 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 is responsible for verifying that:

Wireless service plans are expected to be set at the minimum level that fulfills the business need for the staff member 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, data services (internet access, e-mail, texting, etc.) and local call zone most nearly matching the staff member's recurring business needs. If the wireless plan is based on minutes used for calls made or includes a charge regarding e-mail, texts, or instant messages, the smallest plan available to accommodate the particular business need shall be selected.

The Superintendent's recommendation regarding the type and level of wireless service appropriate for each staff member listed above shall be presented to the Board for consideration and approval. In all cases, the Superintendent shall take the steps necessary to secure the most economical and responsible service available.

Thereafter, an annual review of the service plans available shall be made to determine if the County's wireless service plans are the most economical and effective available. Additionally, at least once annually, the Superintendent or his/her designee shall review each staff member’s actual usage (i.e. type and level of service) and, if warranted, authorize the acquisition of a different WCD and/or selection of a different wireless service plan that more nearly matches the staff member's recurring business needs. Any such change in service provider and/or necessary adjustments to individual staff member's 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 using 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.

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.

Employee safety is a priority of the Board, and responsible use of WCDs includes safe use of the same.

Using a WCD while operating a vehicle is strongly discouraged. Employees should plan accordingly so that calls, text messages, instant messages, e-mails, and/or Internet usage occurs prior to or after traveling, or while on breaks. 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, including calls, text messages, instant messages, and e-mails sent 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 staff members using their Board-owned WCD may constitute public records if the content of the message concerns County 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. Staff members are required to comply with County requests to produce copies of wireless communications in their possession that are either public records or education records, or that constitute ESI 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 in the school or while attending a school-related activity, without express prior notice and explicit consent for the capture, recording or transmission of such words or images. Using a WCD to take or transmit audio and/or pictures/video of an individual without his/her consent is considered an invasion of privacy and is not permitted, unless authorized by the building principal or Superintendent.

At no time may any WCD be used 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 responsible for the safekeeping, care and custody of Board-issued WCDs. Further, employees are responsible for the cost of misuse, intentional damage and/or reckless loss of the WCDs provided to them. The County does not provide or purchase insurance to cover 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 must 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 required 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.

WCDs may not be transferred to any other employee without prior notification to and approval by the Superintendent. 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 Superintendent.

Cellular telephone numbers provided by the Board, via contract with a wireless service provider/vendor, are considered business numbers of the County 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.

The Board reserves the right to 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 employee. 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.

WCDs, including but not limited to those with cameras, may not be possessed, activated or used at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include but are not limited to locker rooms, shower facilities, restrooms, classrooms, 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 and situations where possession of a WCD is absolutely prohibited.

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

If unforeseen circumstances occur where employees must use their Board-issued WCD for personal reasons (i.e. to let family know that the employee will be home late, etc.) the Superintendent or his/her designee shall determine whether the employee should reimburse the Board.

During work hours, personal communications made or received, regardless of whether on a WCD, regular telephone, or network computer, can interfere with employee productivity and/or distract others. Employees are expected to use discretion in using personal WCDs while at work. Employees are asked to limit personal communication to breaks and lunch period and to inform friends and family members of the Board's policy in this regard.

Violation of this policy may constitute just cause for disciplinary action up to and including termination. Use of a Board-owned WCD in any manner contrary to local, State or Federal laws will constitute misuse, and will result in the Board immediately canceling the employee's privilege to use a Board-owned WCD and require the immediate return of the device.