School Can Seize, Search Students' Phones Under New Policy At Central Regional

BERKELEY, NJ — Students in the Central Regional School District may be subject to having their cellphones seized and searched by school officials, according to a recently-adopted school policy.

Since the tragic suicide of Adriana Kuch in the last school year, the district has been implementing new policies and measures to prevent another tragedy from happening. Before her death, Kuch had been physically assaulted in the school. The attack was filmed on a phone and spread. This new policy seems to be an attempt to combat that.

The new policy reads, in part:

The district reserves the right to examine any student’s Electronic Mobile Device that is brought onto school grounds and search its contents if there is reasonable suspicion that district or Board policies, rules or regulations have been violated, as well as if there is a reasonable suspicion that the Electronic Mobile Device contains information that may be pertinent to a school investigation.

Adjusting the cellphone policy was one of the things discussed by a student steering committee that worked with the district in the wake of Kuch's death.

Some parents were hesitant when a ban on cellphones in schools was brought up. They feared it would be a "slippery slope." Read more: New Anti-Bullying Policies Raise Concerns At Central Regional

The policy does not ban phones or other devices, but instead allows phones to be used in class only with the teacher's permission. Students who do not use the school's Wi-Fi, record in areas where privacy is expected (such as a bathroom or locker room) or use their devices in a disruptive way are subject to having their phone confiscated and other disciplinary action.

Searching cellphones is legal, according to the New Jersey School Boards Association.

"While school officials may have the authority to search and seize a backpack, handbag, cellphone, laptop or other personal property for evidence that the pupil has violated or is violating school rules, they should exercise discretion in deciding to conduct a search," the NJSBA said. "Search and seizure are intrusive acts and care should be taken to evaluate whether or not the circumstances of the policy violation make it necessary."

The NJSBA recommends that school officials start with a lower-level response before moving to searching phones, such as asking for cooperation from a student before conducting a search.

"It is the role of school leaders to oversee that the district’s code of student conduct and policies and procedures related to the use of search and seizure are clearly articulated, provide the necessary steps to preserve the dignity and rights of the students and allow school staff the flexibility to take actions necessary for the protection and welfare of all," the NJSBA said.

Previous Coverage:

New Bullying Lawsuit Filed Against Central Regional School District

Long History Of Bullying At Central Regional, Students Say

Search Launches For New Central Regional Superintendent