Wireless communication device policy — Adoption and implementation

Tenn. Code Ann. § 49-6-320, under Elementary, Middle and Secondary Schools Generally.

Tenn. Code Ann. § 49-6-320

(a) As used in this section, “wireless communication device” means a portable wireless device that has the capability to provide voice, messaging, or other data communication between two (2) or more parties, including, but not limited to:(1) Cellular telephones;(2) Tablet computers;(3) Laptop computers; and(4) Gaming devices.

(1) Cellular telephones;

(2) Tablet computers;

(3) Laptop computers; and

(4) Gaming devices.

(b) Each local board of education and each public charter school governing body shall adopt and implement a wireless communication device policy that:(1) Except as provided in subdivisions (b)(2)-(4), prohibits a student from using a wireless communication device during instructional time;(2) Authorizes a teacher to allow a student to use a wireless communication device for educational purposes during instructional time;(3) Permits a student to use a wireless communication device in the event of an emergency or to manage the student's health;(4) Permits a student to use a wireless communication device during instructional time if:(A) The student's use of the wireless communication device is included in the student's:(i) Individualized education program under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);(ii) Active 504 plan developed under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); or(iii) Individual learning plan; or(B) The wireless communication device is being used by a student with a disability for the operation of assistive technology to increase, maintain, or improve the student's functional capabilities; and(5) Establishes a process by which parents or guardians of students will be contacted in the event of an emergency or possible emergency occurring at the school at which the parent's student is enrolled to ensure that the absence of, or restricted access to, wireless communication devices during the school day does not prevent parents from receiving notice of an emergency or possible emergency.

(1) Except as provided in subdivisions (b)(2)-(4), prohibits a student from using a wireless communication device during instructional time;

(2) Authorizes a teacher to allow a student to use a wireless communication device for educational purposes during instructional time;

(3) Permits a student to use a wireless communication device in the event of an emergency or to manage the student's health;

(4) Permits a student to use a wireless communication device during instructional time if:(A) The student's use of the wireless communication device is included in the student's:(i) Individualized education program under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);(ii) Active 504 plan developed under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); or(iii) Individual learning plan; or(B) The wireless communication device is being used by a student with a disability for the operation of assistive technology to increase, maintain, or improve the student's functional capabilities; and

(A) The student's use of the wireless communication device is included in the student's:(i) Individualized education program under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);(ii) Active 504 plan developed under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); or(iii) Individual learning plan; or

(i) Individualized education program under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);

(ii) Active 504 plan developed under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); or

(iii) Individual learning plan; or

(B) The wireless communication device is being used by a student with a disability for the operation of assistive technology to increase, maintain, or improve the student's functional capabilities; and

(5) Establishes a process by which parents or guardians of students will be contacted in the event of an emergency or possible emergency occurring at the school at which the parent's student is enrolled to ensure that the absence of, or restricted access to, wireless communication devices during the school day does not prevent parents from receiving notice of an emergency or possible emergency.

(c) Each LEA and public charter school shall publish the wireless communication device policy established pursuant to subsection (b) on its website.