CAN my school ban me from using my smartphone or require me to turn it off while at school?
YES. California now requires that all schools create a policy that limits or bans the use of smartphones during school hours or while under the school’s supervision. This includes during breaks from classes and field trips. Your school’s policy must be implemented by July 1, 2026, but your school may choose to enforce their policy sooner. Every school’s policy may look a little different. Some schools may completely ban any use of smartphones during school hours; others may only allow you to use it during certain times.
Phone-Free Schools Act: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB3216
are there any exceptions?
YES. There are four exceptions.
- You are allowed to use your smartphone during an emergency or in response to a perceived threat of danger. It is up to your school district to decide what it considers an emergency. Your school should tell you what they consider to be an emergency when they introduce the new smartphone policy to you on or before July 1, 2026. Be sure to ask your school if you are unsure of what is considered an emergency.
- You are allowed to use your smartphone when a teacher or administrator gives you permission to use it. But, you are only allowed to use your phone for the reason the teacher or administrator allows. For example, if you are given permission to use your smartphone to make a phone call, you are not allowed to use it to access social media or the internet.
- You are also allowed to use your smartphone at school if your doctor determines that it is necessary for your health and well-being. Your doctor will need to reach out to your school to tell them this.
- If you have an individualized education program (IEP) that requires you to possess or use a smartphone, you will be allowed to use it during school hours. Not all IEPs require you to use a smartphone.
Phone-Free Schools Act: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB3216
can my school confiscate my smartphone for not following the cell phone policy?
YES. Your school can confiscate your phone if you violate your school’s cell phone policy, but your school must return it to you after a reasonable amount of time, usually by the end of the school day. If your phone is confiscated, your school does not have the authority to conduct a search of your phone. If you refuse to hand over your phone, your school CANNOT use physical force to confiscate it and you cannot be suspended or expelled for failing to do so. However, there may be other consequences to refusing to hand over your phone, such as a conference with your parent, required community service, detention, or other disciplinary actions. As a practical matter, we recommend that you do not use facial recognition or other biometric tools that make it easier to unlock your phone without your permission.
Do I have the right to keep what’s on my phone private?
YES. The privacy of your phone (or tablet or laptop), as well as your accounts with services like Facebook or Snapchat, is protected both by the United States and California Constitutions and by the California Electronic Communications Privacy Act (CalECPA).[1] Your school’s cell phone policy cannot include monitoring, collecting, or accessing any information related to your online activities.
Phone-Free Schools Act: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB3216
Can my school look through my phone without my permission?
ONLY IN AN EMERGENCY2 OR WITH A SEARCH WARRANT ISSUED BY A JUDGE based on “probable cause” that your phone contains evidence of a crime (meaning that a reasonable person would believe there is evidence in your phone).
You have the right to keep your digital devices private, even if:
- You use your phone when you are not supposed to;
- You break any other school rule;
- You cause a disruption by using your phone; or
- Your school wants to search your phone to investigate another student’s misconduct.
What can I do if a school official asks to look through my phone?
You can SAY NO. You can also say you aren’t sure and that you want to talk to your parents or someone else before you decide. Or that you will only agree if they tell you what parts of the phone they will look through or let you or your parents watch the search. If you do say yes, you give the school the right to look through your phone, and possibly to use what they find can be used as evidence against you or others.
What if my school asks me to sign a waiver allowing the school to search my phone at any time?
You can SAY NO. Public schools cannot require you to waive your right to privacy in order to attend school.
If your school tries (or has already tried) to get you to sign a waiver or otherwise “consent” to a search in advance, please contact the ACLU office closest to you to let us know.
If my school has a search warrant, can it look at everything on my phone?
NO. First, only duly-sworn law enforcement officers can execute a search warrant. Second, the search can only be for evidence of the specific crime that you are suspected of breaking, and the search warrant must describe the type of information and parts of the phone that may be searched. For example, school officials cannot look at photos unless they have probable cause to believe that the photos contain evidence of a crime.
Can my school restrict when I use my phone?
YES. Your school can also confiscate your phone if you violate your school’s cell phone policy. But that does not give it the authority to conduct a search.
What can I do if my school doesn’t follow the law?
You can DEMAND THAT YOUR INFORMATION BE DELETED and prevent it from being used in any kind of disciplinary action or other proceeding. If the school repeatedly violates students’ rights or otherwise causes you harm, you may have additional remedies as well.
If you believe your rights have been violated, you can contact the ACLU office closest to you. Check out www.myschoolmyrights.com/about to find the ACLU office closest to you and we’ll see what we can do to help.
Notes:
- Penal Code §§ 1546 et seq. CalECPA went into effect on Jan. 1, 2016.
- CalECPA defines an emergency as a situation “involving danger of death or serious physical injury to any person [that] requires access to the electronic device information.” Penal Code § 1546.1(c)(6).