(1) As used in this section, ‘independent communication’ means communication that does not require assistance or interpretation by an individual who is not part of the communication but that may require the use or assistance of an electronic device.

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(2) Each district school board shall adopt policies for the use of personal electronic devices in the schools of the school district as provided by this section.

(3) A district school board shall adopt a policy for the use of personal electronic devices that support academic activities and independent communications. The policy must provide that:

(a) Students may be allowed to use personal electronic devices that support academic activities and independent communications.

(b) Unless otherwise specifically prohibited by the policy, students may not be denied the opportunity to use a personal electronic device that supports academic activities and independent communications.

(4) If a school district implements a curriculum that uses technology, the district school board shall adopt a policy that provides that:

(a) Students may be allowed, but are not required, to use their own personal electronic devices for the curriculum.

(b) Students who use their own personal electronic devices for the curriculum must be granted access to any applications or electronic materials that are available to students who do not use their own personal electronic devices for the curriculum.

(c) Students who use their own personal electronic devices for the curriculum must be granted access to applications and electronic materials free of charge if the applications and electronic materials are provided free of charge to students who do not use their own personal electronic devices for the curriculum.

(5) A policy adopted under subsection (3) or (4) of this section must include a process and timeline for responding to a student’s request related to the use of a personal electronic device, including an appeals process.

(6) School districts must ensure that the policies adopted under subsection (3) or (4) of this section are made available to:

(a) School district personnel whose duties may require them to assist students with personal electronic devices; and

(b) Students and parents or guardians of students.

(7) Nothing in the requirements of this section prevents a district school board from prohibiting:

(a) Telephonic or electronic communications during regular school hours or during school events if the communications are not related to academic activities or independent communications;

(b) Communications using access to social media or to nonacademic sites during regular school hours or during school events;

(c) The use of personal electronic devices for any purpose that does not support academic activities or independent communications; or

(d) The use of personal electronic devices for entertainment purposes.

(8) Nothing in this section authorizes a district school board, or any employees of or volunteers for the school district or a school of the school district, to request, require or compel access to a student’s electronic mail or personal online accounts. [2013 c.98 § 1]

[1991 c.928 § 7; renumbered 329.385 in 1993]

(Oregon Digital Learning)