Bill > HF2900

This bill establishes protections for students' privacy regarding their personal electronic devices on campus and outlines penalties for violations. It defines key terms such as "1-to-1 device" (a device provided by an educational institution for student use, including at home), "educational institution" (schools, school districts, and related agencies), "educational record" (as defined by federal law), "education research," "law enforcement official," "personal technological device" (a student-owned device not provided by the school), "school employee" (excluding law enforcement or security personnel), "student," and "technological device" (any electronic device for storing or transmitting information). Generally, school employees are prohibited from accessing or compelling students to share data from their personal devices, even if the device is being used in violation of school policy. However, exceptions exist: a school employee can search a student's personal device if they have a reasonable suspicion of a policy violation and the device contains evidence, provided they document the suspicion, notify the student and parent, limit the search to evidence of the violation, and stop once sufficient evidence is found; or if there's an imminent threat to life or safety, with a requirement to report the threat and data accessed within 72 hours. In cases of suspected policy violations, devices can be temporarily seized for up to 48 hours to prevent data deletion, but must be stored securely and not accessed during this period. Data unrelated to the suspected violation cannot be copied or shared. Crucially, if illegal conduct is suspected, a search of a student's personal device requires a judicial warrant, even if a school policy violation is also suspected. Evidence obtained in violation of these provisions is inadmissible in legal proceedings or disciplinary actions. Violators can face legal action for damages, including mental pain and suffering, and attorney fees, and school employees may face disciplinary proceedings. The bill also includes a severability clause, meaning if any part is found invalid, the rest remains in effect, and it is effective January 1, 2017.