3245P Procedure - Students and Electronic Devices

Definitions

  1. Sexting means sending, forwarding, displaying, retaining, storing, or posting sexually explicit, lewd, indecent, or pornographic photographs, images, or messages by or on a cell phone, computer, or other electronic means during school hours or school activities on or off campus; while on school district property, during any recess, lunch, or leave periods on or off school district property; or beyond the hours of school operation if the behavior detrimentally affects the personal safety or well-being of school-related individuals, the governance, climate, or efficient operation of the school, or the educational process or experience.

  2. Disrupting the Learning Environment refers to any intentional gesture, behavior, action, or use of electronic devices that interferes with the instructional process, student engagement, or the ability of others to focus and participate in academic activities. This includes, but is not limited to:

    1. Insulting, mocking, or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or

    2. Creating an intimidating, threatening, hostile, or abusive educational environment for a student or group of students through substantially severe, persistent, or pervasive behavior.

  3. Third parties include, but are not limited to, coaches, school volunteers, parents or guardians, school visitors, service contractors, or others engaged in district business or activities that are not directly subject to district control at inter-district and intra-district athletic competitions or other school events.
Reporting Violations

Any student, employee, parent or guardian, or third party who has knowledge of conduct in violation of this policy or any student who feels they have been a victim of sexting, menacing, retaliation, or reprisal in violation of this policy will immediately report the concerns to:

  1. The building principal or their designee;

  2. A teacher who will be responsible for notifying the building principal or designee immediately if the matter cannot be adequately addressed by the teacher, or warrants administrative intervention;

  3. A counselor who is responsible for notifying the building principal or designee immediately if the matter cannot be addressed by the counselor or is sufficiently serious to warrant administrative intervention; or

  4. The superintendent of schools or designee.

Any school employee who becomes aware of or witnesses unwelcome sexting must follow the procedures set forth in FPS Procedure 3205P. In the event the grievance procedures identified in Procedure 3205P apply, that procedure will take precedence over the procedures herein.

Investigating

The principal or designee will be responsible for timely investigating a complaint made under this policy. The investigation, witness statements, and evidence will be documented along with the outcome of the investigation.

In the course of the investigation, administrative staff will not send, receive, or unnecessarily view or transmit sexting photographs or any other inappropriate images on either the district’s or their personal electronic devices. The examination or viewing of the evidence/information will be limited to the extent necessary to determine that misconduct occurred.

Parent or Guardian Notification

Parents or guardians of all students identified in the report will be notified of the investigation and informed of their students’ involvement in the incident.

Discipline

A school district may administer discipline for students whose behavior violates this policy. Law enforcement will also be notified when conduct may violate criminal laws. See FPS Procedure 3241P for specific school discipline procedures.

The district will make reasonable attempts to assist students and/or parents or guardians to resolve concerns and issues prior to the use of the formal criminal complaint process. Assistance may include consultation, counseling, education, mediation, and/or other opportunities for problem-solving.

When administering discipline, the administrator will take into consideration the context of the events, all relevant circumstances, and the parties’ prior behavior, the nature of the behavior and its potential harm and the emotional and/or physical harm resulting from the reported party’s actions.

Sexting Offenses

For each instance of a student sexting in violation of this procedure, the district will:

1. Notify the student’s parents or guardians;

2. File an information report with local law enforcement;

3. Confiscate and search the student’s phone or electronic device and return it only to a parent or guardian; and

4. Take/administer appropriate interventions or other actions as appropriate.

A student who has violated this procedure on multiple occasions may become ineligible to participate in extracurricular activities.

Date: 7/6/10; 10/28/25