Relevant Law

References to case law, textbook references, legal opinions and proposed legislation related to our scenario.

"Cell Phones, Cameras and Other 21st Century Intrusions Into Learning: Legal Responses for Today's Boards and Educators" by A. Dean Pickett and Christopher Thomas. (PDF file, 14 pages, 2.9 MB)

Texas Education Code 37.082 POSSESSION OF PAGING DEVICES.

(a)  The board of trustees of a school district may adopt a policy prohibiting a
student from possessing a paging device while on school property or
while attending a school-sponsored or school-related activity on or
off school property.  The policy may establish disciplinary
measures to be imposed for violation of the prohibition and may
provide for confiscation of the paging device.
(b)  The policy may provide for the district to:                              
  (1)  dispose of a confiscated paging device in any
reasonable manner after having provided the student's parent and
the company whose name and address or telephone number appear on the
device 30 days' prior notice of its intent to dispose of that
device.  The notice shall include the serial number of the device
and may be made by telephone, telegraph, or in writing;  and
  (2)  charge the owner of the device or the student's
parent an administrative fee not to exceed $15 before it releases
the device.
(c)  In this section, "paging device" means a
telecommunications device that emits an audible signal, vibrates,
displays a message, or otherwise summons or delivers a
communication to the possessor.

Texas Education Code 37.083  DISCIPLINE MANAGEMENT PROGRAMS;  SEXUAL
HARASSMENT POLICIES.

(a)  Each school district shall adopt and implement a discipline management program to be included in the
district improvement plan under Section 11.252.
(b)  Each school district may develop and implement a sexual
harassment policy to be included in the district improvement plan
under Section 11.252.

Kemerer and Walsh References

1. Computers and the Internet: pp. 74-76
2. Student Rights of Expression including Communication: p. 211
3. Student Code of Conduct: pp. 277-278

US Supreme Court Cases

1. Tinker 1969: students don't shed constitutional rights at the schoolhouse gate

Proposed Bills in the Legislature

1. HB 283: AN ACT relating to the transfer of public school students who are the
   victims of bullying.
2. Senate Bill 152: AN ACT relating to prevention of and education concerning bullying in
   public schools.