©2012, Mika Meyers Beckett & Jones PLC All Rights Reserved Michigan Association of Educational Data Systems Presented by: Jennifer A. Puplava Mika Meyers Beckett & Jones PLC 900 Monroe Avenue NW Grand Rapids, MI (616) Mobile Devices: Acceptable Use Policies and Legal Considerations

Some Benefits of Using Mobile Devices in Education Enhanced student learning Reduced costs Lighter weight, flexible orientation Increased student safety

Some Concerns Raised by Use of Mobile Devices in Education Control of devices/use of devices Privacy Physical and electronic security Legal

Some Concerns with Access to and Control Over Mobile Devices Use of mobile devices for improper purposes School owned devices vs. personal owned devices Access/searches Content control Cost Liability School provided Wi-Fi vs. personal/public Wi-Fi Managing student and staff use Managing data

Physical and Electronic Security Protection of physical and electronic security needed Use security techniques, but techniques will likely be different than those used for other electronics Know whether security breach notification requirements are relevant

Privacy Give guidance about appropriate behavior to protect privacy How “private” is “private”? Social media Monitoring/tracking Protection of confidential information

Some Legal Issues Implicated by Use of Mobile Devices in Education Cyberbullying/harassment CIPA FERPA Searches HIPPA PCI DSS

Acceptable Use Policies First, the school must determine what it will allow Draft, maintain and enforce a thoughtful acceptable use policy that is consistent with the school’s mobile device/school network access philosophy

Acceptable Use Policies Will mobile electronic devices be allowed in any capacity? What devices will be allowed and who will own them? Will school allow connection to its wireless or require educators and students to connect through their own data providers/plans? What role will technology play in the teaching/learning process? What restrictions will be placed on use of the devices? Will the school monitor the devices, and how?

Acceptable Use Policies An acceptable use policy should address prohibited conduct. Sexting. Academic dishonesty (cheating). Interference or disruption of the teaching/learning environment. Violations of a person’s reasonable expectations of privacy. Actions compromising personal and/or school safety. Other illegal and/or unethical activities.

Acceptable Use Policies Require prudent and responsible use. For example: Devices must have functioning anti-virus software Do not download software, open webmail, files or macros attached to an from an unknown source Do not run network-related tools or diagnostics as a user in the school’s system Do not deliberately degrade the performance of the data network Do not access, upload, download or distribute inappropriate material (e.g., material having sexual, violent or threatening content)

Acceptable Use Policies Do not transmit obscene, abusive or inappropriate language Do not violate any local, state or federal statute Do not vandalize, damage, or disable the property of another person or organization Do not access another person’s materials, information, or files without the implied or direct permission of that person Do not violate copyright or otherwise use another person’s intellectual property without property permission Do not intentionally waste limited resources Do not use device for any purpose other than an educational purpose

Acceptable Use Policies Do not reveal personal information such as address, phone numbers, accounts or credit card numbers Do not transmit, receive, or download any materials promoting the use of drugs, alcohol, or tobacco Do not play games on the device, including but not limited to gambling Do not instant message others Do not sell or purchase any illegal substance

Acceptable Use Policies Notify that the device use will be monitored, and reserve the right to search devices upon reasonable suspicion that a search will reveal that school rules have been violated. Consequences for failure to comply with the policy. Disclaimer of school’s responsibility for the loss, recovery, repair or replacement for any personal device brought onto school property. Policy or acknowledgement of the policy should be signed by student and parent. Policy should provide that when unauthorized for use, personal devices are to be kept out of sight, turned off and not used within school premises or during school-sanctioned events.

Acceptable Use Policies Examples follow. Also see: /1413/0662/new_acceptable_use_policy.pdf (Acceptable Use of Technology and Acknowledgment) /1413/0662/new_acceptable_use_policy.pdf procedural-directives/procedural- directives/j.students/student-acceptable-use- of-personal-electronic-devices procedural-directives/procedural- directives/j.students/student-acceptable-use- of-personal-electronic-devices piid=&vpid= (with links to Acceptable Use Policy for the Internet and Electronic Devices Policy) piid=&vpid=

Questions? Jennifer Puplava (616) Disclaimer: This presentation is to assist in a general understanding of the legal issues involved in use of mobile devices in education, and is not intended as legal advice. Persons with particular questions should seek the advice of counsel.