Digital Smarts - Can Schools Search Students’ Phones?
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Are students' personal cellphones and devices subject to searches at school? That's the question some states are beginning to address with legislation, writes Ariel Fox Johnson, senior counsel for policy and privacy at Common Sense Media, who urges school leaders to provide clarity on policies regarding students' devices. While the Supreme Court ruled in 2014 that police need a warrant to search a cell phone, there has been a little more leeway when it comes to schools. If a student, parent or teacher were to challenge a search, the court must consider why the search was undertaken and if the search’s scope was reasonably related to the circumstances that led to the search in the first place. For example, if a student has video of a disagreement between a student and a teacher in a classroom, it would not be reasonable for a search to be done of all the e-mails on the child’s phone, whereas a search of other videos might be warranted. Do you know what your state’s or district’s policies are on searching students’ digital devices?