House Bill 1481 - Personal Communication Device Usage

The 89th Texas State Legislature passed House Bill 1481, which restricts student use of personal communication devices on school property, during the school day, for all grade levels. The intent behind House Bill 1481 is to keep a focus on learning while limiting distractions. As a public school district, Burleson ISD is required to follow this law.

What is a “personal communication device?”
Texas Education Code Section 37.082(d) specifies that a personal communication device includes, but is not limited to, telephones, cell phones (including smartphones and flip phones), tablets, smartwatches, radio devices, paging devices, or any other electronic device capable of telecommunication or digital communication. This also includes any wearable technology that is capable of digital communication or telecommunication (such as bluetooth headphones, earbuds, and smart glasses, etc.).

What does “use” of a personal communication device mean?
The TEA guidance document for HB 1481 implementation defines “use” as a device that is in possession of a student that is turned on and capable of receiving or sending a communication signal. 

What is the appropriate storage method of personal communication devices throughout the school day?
According to the TEA guidance document for HB 1481 implementation, the district must designate a method to prevent unlawful use. In BISD, appropriate storage is considered powered off for the entirety of the school day and stored out of sight.

What is defined as the school day?
The school day is defined as the campus bell schedule. This includes lunch,  passing periods, and shuttle transportation after the school day has started. 

Consequences
What are the consequences for using a personal communication device or not having a personal communication device properly stored during the school day? 

1st Offense: 

• The personal communication device is confiscated 
• The student may pick up their personal communication device at the end of their school day in the designated campus location
• Warning referral entry in Skyward

2nd Offense: 

• The personal communication device is confiscated 
• Parent will be notified
• Only a parent or guardian may pick up the student’s confiscated personal communication device
• Warning referral entry in Skyward

3rd Offense: 

• The personal communication device is confiscated 
• Parent will be notified 
• Only a parent or guardian may pick up the student’s confiscated personal communication device
• Referral entered into Skyward
• ISS (up to 3 days)

4th Offense: 

• The personal communication device is confiscated 
• Parent will be notified 
• Only a parent or guardian may pick up the student’s confiscated personal communication device 
• Referral entered into Skyward
• May result in DAEP placement 

Note: Refusal to comply with the expectations and the law by not turning over the personal communication device could result in additional disciplinary consequences.

Frequently Asked Questions
Can my student bring their personal communication device to school?
Yes, but the personal communication device must be turned off and stored out of sight during the school day. 

Can a student use their phone if there is a school emergency?
All campuses follow established emergency protocols. During a schoolwide emergency, students are guided by trained staff. When it is safe to do so, students may be allowed to use their personal communication devices to contact families, under direction of school staff. Parents will also be notified through our emergency notification system. We encourage parents/guardians to make sure contact information is up to date in Skyward to receive appropriate communication.

What happens if a personal communication device rings or vibrates during the school day?
If a personal communication device causes a disruption, even unintentionally, students are subject to discipline under the student code of conduct. Personal communication devices must be turned off and out of sight during the school day. 

What happens if my child has their personal communication device out during the school day?
If the personal communication device becomes visible, makes noise, or is accessed in any way, it will be treated as a violation and is subject to discipline under the student code of conduct. 

Can my child wear a smart watch?
No. A personal communication device defined by HB 1481 is: a telephone; a cell phone, such as a smartphone or flip phone; a tablet; a smartwatch; a radio device; a paging device; or any other electronic device capable of telecommunication or digital communication.

Will this law apply to activities before or after school?
No. The law only applies to the official bell schedule. 

What if I need to reach my student during the school day?
Parents may contact the school office via phone. In case of an urgent situation, we will ensure your child receives the information as quickly as possible.

Can a student use their phone in the restroom, during lunches, or during passing periods?
No. Personal communication devices must be off and stored out of sight the entirety of the school day.

How will confiscated personal communication devices be stored on campus?
Confiscated personal communication devices will be accurately labeled and secured in a designated location and it will remain there until it is returned to the student or picked up by a parent or guardian.

What if the student refuses to turn over their personal communication device?
Refusing to give the personal communication device to the teacher or administrator is a violation of the Student Code of Conduct and HB 1481. Additional disciplinary action may be taken, including suspension or placement in the discipline alternative education program.

What time can I pick up the confiscated personal communication device at the end of the day or the next day? 
Campuses remain open an additional 15 minutes after the end of school.  Personal communication devices may also be claimed from the campus designated location the next day, during an appropriate time, if picking it up after school impacts transportation. Secondary students with early outs, who are eligible to pick up their phone, may pick it up at the end of their scheduled school day.

According to HB 1481, the district may dispose of an unclaimed confiscated personal communication device after 90 days. We encourage families to pick up items in a timely manner.

What if my student has an IEP, 504 plan, or medical need to have a device?
According to the TEA  guidance document for HB 1481 implementation, a student who has a documented need can use a personal communication device in an individualized education program (IEP, Section 504 accommodation, individualized health plan, or similar program or plan).  A documented need to use a personal communication device is based on a directive from a qualified physician and must be submitted to the campus principal. A qualified physician for purposes of this policy shall mean a physician licensed to practice in Texas. The directive must state the conditions under which the student would need to access and use their personal communication device during the school day on school property. The parent may be asked to sign consent for school staff to contact the physician should the school need more information in order to comply with the directive. Use authorized under this provision should be conducted in a manner that minimizes disruption to the school environment, and may be subject to reasonable limitation on time, place and manner as determined by principal or designee. Authorization under this provision can be revoked if the personal communication device is being used in a way that is found to disrupt the learning environment. Any student who is provided an exception in accordance with the above remains subject to disciplinary measure if the student uses a personal communication device outside the scope of the documented authorized use. 

What if I still have additional questions? 
Please contact your student’s campus principal or assistant principal. They can answer specific questions you may have about HB 1481.