401.12 Employee use of Cell Phones

EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School District and to help ensure safety and security of people and property while on School District property or engaged in school-sponsored activities. Certain individuals will be provided with a District-owned cell phone or cell phone stipend due to the nature of the position within the District.  Employees provided with this benefit may be required to carry a phone for communication during and after normal school hours, for safety and/or operational concerns.  The district will maintain a group plan for eligible individuals to include basic voice and texting services.  In certain situations, it may be necessary for the person to also have cell data services.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district owned cell phones shall be used for school district business purposes, consistent with the school district’s mission and goals. Because of the difficulty of separating business from personal calls, it is recognized and permissible for the employee to also use the district cell phone for reasonable and responsible amount of personal use.  School district-owned cell phones may be used for purposes other than school district business when employees are not performing contractual obligations. All use of district-owned cell phones, whether for professional or personal reasons, must be in accordance with the Board of Educational Examiners Professional Code of Ethics. Use of cell phones in violation of Board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement. Provisions may also be included for staff use of privately owned cell phones for authorized school district business.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulations developed by the superintendent.  Employees may use cell phones for personal business while on-duty, provided that such use is consistent with administrative regulations developed by the superintendent. Employees while driving on school district-related business or activities and the vehicle is in any gear other than “Park”, may use cell phones only to conduct school district-related business or for emergency situations, and only if the cell phone is used in a hands-free mode. All employee use of cell phones while driving must comply with applicable state and federal laws.

Employees must take care to protect confidential student or employee information when using a cell phone.  School district-provided cell phones devises are not to be loaned to others.

Any employee operating a school owed vehicle, including bus drivers, are allowed to use the 2-way radio and/or a cell phone in the case of an emergency and when the vehicle is in “park” gear.  Texting while operating a school owned vehicle remains prohibited by Harlan Community School district and state law as per Iowa Code.

Employees violating the policy or associated regulations will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal References:     
Internal Revenue Comment Notice, 2009-46,
http://www.irs.gov/irb/2009-23_IRB/ar07.html*

Iowa Code §§ 279.8; 321.276.

Cross References:                 
406      Licensed Employee Compensation and Benefit
412      Classified Employee Compensation and Benefits

707.5   Internal Controls

Adopted: Unknown
Revised/Reviewed: 5.10.2021

Reviewed:  07.18.22