Bill > SF2846

This bill establishes protections for student privacy regarding their personal electronic devices on school grounds, defining terms like "1-to-1 device" (a school-provided device for home use), "educational institution" (schools, districts, and agencies), "educational record" (as defined by federal law), "education research," "law enforcement official," "personal technological device" (a student-owned device), "school employee" (excluding law enforcement or security personnel), "student," and "technological device" (any electronic device for information creation, storage, or transmission). Generally, school employees cannot access or demand students produce data from their personal devices, even if the device is being used against school policy. However, exceptions allow searches if a school employee has reasonable suspicion of a policy violation and the device contains evidence, provided the employee documents the suspicion, notifies the student and parent, limits the search to evidence of the violation, and stops once sufficient evidence is found; or if there's an imminent threat to life or safety, with a written report required 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 before notification. Data unrelated to the specific suspected violation cannot be copied or shared. If illegal conduct is suspected, a judicial warrant is required for any search, 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 may face legal action for damages, including mental pain and suffering, and attorney fees, and school employees may face disciplinary action. 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.