Code: GCAB
Adopted: 4/11/12
Revised/Readopted: 6/20/17
Orig. Code(s): GCAB

Staff possession or use of personal electronic devices on Northwest Regional Education Service District (NWRESD) property, in NWRESD facilities during the work day and while the staff is on duty in attendance at NWRESD-sponsored activities may be permitted subject to the limitations set forth in this policy and consistent with any additional school rules as may be established by the superintendent. At no time, whether on or off duty, will a personal electronic device be used in a manner that interferes with staff duty and responsibility for the supervision of students.  

A “personal electronic device” is a device not issued by the NWRESD, and is capable of electronically communicating, sending, receiving, storing, recording, reproducing and/or displaying information and data. 

Personal electronic devices shall be silenced during instructional time, while on duty, or at any other time where such use of the device would cause a disruption of school activities or interfere with work assignment. Devices which have the capability to take photographs or record video or audio shall not be used for such purposes while on NWRESD property or while a staff member is on duty in NWRESD-sponsored activities, unless as expressly authorized by a principal or designee for a use directly related to and consistent with the employee’s assigned duties. Computers, tablets, iPads or similar devices brought to school will be restricted to academic activities during on duty time. 

The NWRESD will not be liable for loss or damage to personal communication devices brought to NWRESD property and NWRESD-sponsored activities. 

Staff members, while on or off duty, will utilize social media sites, public websites and blogs judiciously by not posting confidential information about students, staff or NWRESD business.¹ Staff may not post images of NWRESD students without permission from the student’s parent or student if the student is 18 years of age or older. Staff may not post images of NWRESD facilities, staff, volunteers or parents without written authorization from persons with authority to grant such a release. Staff may not post images of NWRESD facilities, staff, students, volunteers or parents on personal social media sites or websites. Staff members, while on or off duty, will treat fellow employees, students and the public with respect while posting on social media websites, etc., in order to prevent substantial disruption in school.  Communication with students using personal electronic devices will be appropriate and professional.  Communication with students using personal electronic devices regarding nonschool-related matters is prohibited during working hours and strongly discouraged at all other times. If communicating with students electronically regarding school matters, staff should use NWRESD e-mail using mailing lists to a group of students rather than individual students. Texting students during work hours is discouraged.  Texting students while off duty is strongly discouraged.

Exceptions to the prohibitions set forth in this policy may be made for health, safety or emergency reasons with superintendent or designee approval. 

Staff are subject to disciplinary action up to and including dismissal for using a personal electronic device in any manner that is illegal or violates the terms of this policy. Staff actions on social media sites, public sites and blogs, while on or off duty, which disrupt the school environment, are subject to disciplinary action up to and including dismissal. A “disruption” for purposes of this policy includes, but is not limited to, one or more parent threatens to remove their children from a particular class or particular school, actual withdrawal of a student or students from a particular class or particular school, and /or a threatened or actual negative impact on the learning environment. The taking, disseminating, transferring or sharing of obscene, pornographic or otherwise illegal images or photographs, whether by electronic data transfer or otherwise (commonly called texting, sexting, emailing, etc.) may constitute a crime under state and/or federal law. Any person taking, disseminating, transferring or sharing obscene, pornographic or otherwise illegal images or photographs, will be reported to law enforcement and/or other appropriate state or federal agencies.  

The superintendent shall ensure that this policy is available to all employees. 

END OF POLICY 

¹Nothing in this policy is intended in any form to limit the right of employees to engage in protected labor activities via the use of social media. 

Legal Reference(s): 

• ORS 167.057
  
• ORS 163.432
  
• ORS 163.433
  
• ORS 163.684
  
• ORS 163.686
  
• ORS 163.687
  
• ORS 163.688
  
• ORS 163.689
  
• ORS 163.693
  
• ORS 163.700
  
• ORS 326.011
  
• ORS 326.051
  
• ORS 332.072
  
• ORS 334.125
  
• ORS 336.840
  
• OAR 584-020-0000 to -0035
• Copyrights, Title 17, as amended, United States Code; 19 CFR Part 133 (2014).
• Melzer v. Bd. Of Educ., City of New York, 336 F.3d 185 (2d Cir. 2003).
• Ross v. Springfield Sch. Dist., No. FDA 80-1, aff’d, 56 Or. App. 197, rev’d and remanded, 294 Or. 357 (1982), order on remand (1983), aff’d, 71 Or. App. 111 (1984), rev’d and remanded, 300 Or. 507 (1986), order on second remand (1987), revised order on second remand (1988). 

Cross Reference(s): 

• JHFF - Reporting Requirements Regarding Sexual Conduct with Students