State Rep. Pam Staneski. Contributed photo.
State Rep. Pam Staneski (R-Milford and Orange) submitted testimony in support of her legislative proposal on a student’s right to privacy when it comes to their personal mobile electronic devices.
The legislation, HB-5170, An Act Concerning Students’ Right to Privacy in their Personal Mobile Electronics Devices, prohibits a school employee from taking custody of or searching a student’s mobile electronic device except in certain circumstances.
During testimony Staneski pointed to school district policies in Milford and Orange as model policies that should be adopted statewide by school districts.
“This proposal does not hamper a school administrator’s control over the learning environment. Given that many students lack discretion as to what they store in their phones, limiting the search of a student’s cell phone to the discretion of an administer will protect the possible exposure of private information unconnected to the initial reason for the search,” Staneski said. “If a student is suspected of using a cell phone for cheating or bullying, administrators can confiscate the cell and continue questioning the student through an investigation.”
“This bill would keep school officials (such as the teachers who are most likely to observe a cell phone violation) from having to master any legal requirements pertaining to search and seizure of a student’s cell phone,” Staneski added.
The American Civil Liberties Union of Connecticut also testified in favor of the legislation, saying requiring a student to sacrifice his or her constitutional right to privacy in order to obtain equal access to education is not only wrong, it is unworthy of a twenty-first century educational system. Protecting students from suspicion-less searches will prevent schools from searching students’ devices without reason. Access to a young person’s cellphone, tablet, or laptop means access to their private worlds.
The bill also received positive testimony at the public hearing by the Connecticut Association of Schools.
The Education Committee has a March 26 deadline to send the bill to the full House of Representatives.