Sec. 37.082. STUDENT USE OF PERSONAL COMMUNICATION DEVICES. (a) Notwithstanding any other law and subject to Subsection (c), the board of trustees of a school district or the governing body of an open-enrollment charter school shall adopt, implement, and ensure the district or school complies with a written policy prohibiting a student from using a personal communication device while on school property during the school day. The policy must establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the personal communication device. (b) The policy may provide for the school district or open-enrollment charter school to: (1) comply with this section by: (A) prohibiting a student from bringing a personal communication device on school property; or (B) designating a method for the storage of a student's personal communication device while the student is on school property during the school day; and (2) dispose of a confiscated personal communication device in any reasonable manner after having provided the student's parent 90 days' prior notice in writing of the district's or school's intent to dispose of that device. (c) In adopting the policy, the board of trustees of a school district or governing body of an open-enrollment charter school must authorize the use of a personal communication device: (1) necessary to implement an individualized education program, a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or a similar program or plan; (2) by a student with a documented need based on a directive from a qualified physician; or (3) necessary to comply with a health or safety requirement imposed by law or as part of the district's or school's safety protocols. (d) In this section, "personal communication device" means a telephone, cell phone such as a smartphone or flip phone, tablet, smartwatch, radio device, paging device, or any other electronic device capable of telecommunication or digital communication. The term does not include an electronic device provided to a student by a school district or open-enrollment charter school. (e) The agency shall develop and publish on the agency's Internet website model language for the policy required under this section. (f) This section does not apply to an adult education program operated under a charter granted under Subchapter G , Chapter 12 .
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