48901.7.
(a) (1) The governing body of a school district, a county office of education, or a charter school may adopt a policy to limit or prohibit the use by its pupils of smartphones or social media, or both, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) (A) A request by a school district, county office of education, or charter school for a pupil’s voluntary
disclosure of or access to electronic information shall be accompanied by a written disclosure of the pupil’s rights pursuant to the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code) in clear and conspicuous language that indicates all of the following:
(i) The school district, county office of education, or charter school is not entitled to the disclosure of or access to electronic information without complying with the requirements of Section 1546.1 of the Penal Code.
(ii) The pupil has the right to refuse to grant voluntary disclosure of or access to electronic information.
(iii) The pupil has the right to consult with a parent or guardian, or attorney, or both, before voluntarily disclosing or giving access to electronic
information.
(B) The following model language may be used to satisfy the requirements of subparagraph (A):
“You have been asked by a government entity to voluntarily disclose information about electronic communications or an electronic device.
You can say no. You can consult a parent or guardian, or attorney, or both, before you decide. If you do say yes, you give the government the right to look through your phone and possibly use what they find as evidence against you or others, consistent with state law.”
(b) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the
following circumstances:
(1) In the case of an emergency, or in response to a perceived threat of danger.
(2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator.
(3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil.
(4) When the possession or use of a smartphone is required in a pupil’s individualized education program.
(c) This section does not modify any restrictions on a government entity pursuant to state law as it relates to their ability to compel production of or access to electronic information, including those imposed by the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code).
(c)
(d) For purposes of this section, the following definitions apply:
(1) “Educational purposes” means for purposes that aid in instruction in the
classroom or at home, or in classroom
administration.
(2) (A)“Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. a “social media platform” as that term is defined in Section 22675 of the Business and Professions Code.
(B)“Social media” shall not include an electronic service or account used exclusively for educational purposes or primarily to facilitate creation of school-sponsored publications, such as a yearbook or pupil newspaper, under the direction or control of a school, teacher, or yearbook adviser.