Use of Wireless Communication Devices Policy 4318

1. Purpose

To maintain a safe, focused, and accessible learning environment while ensuring full compliance with federal and state laws and guidance, including North Carolina Session Law 2025-38, NCDPI regulation, and the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act.

2. Definitions

Wireless Communication Device: Any portable, internet-connected device capable of voice, text, image, or data communication between two or more parties. Examples include cellular phones, tables computers, laptops, electronic devices with internet capability, paging devices, two-way radios, gaming devices, smartwatches, smart glasses, and wireless earbuds. Excludes ENCSD-issued instructional or assistive technology directly incorporated into a student’s IEP, 504, or ADA accommodation.
Instructional Time: All periods when academic or school-sponsored learning occurs, including classroom instruction, transitions between classes, assemblies, and field trips. For ENCSD, instructional time begins at 8 AM and ends at 4 PM.
Accommodation Devices: Any technology or communication aid required by student’s IEP plan for equal access, including speech-to-text, captioning services, cochlear implant processors, FM Systems, or accessible communication applications.

3. Use Guidelines

Wireless communication devices must be powered off and stored out of sight during instructional time, except as outlined below.
Devices will not be used, displayed, or turned on during any part of the instructional day unless specifically authorized for instructional purposes, emergencies, medical needs, or required disability accommodations.
Cell phone use for our residential students is determined by the residential privilege system. This system is in place to encourage positive decision making, independence, and socialization. Students have Video Phones available for their use in the dorm common areas and are always allowed to reach out to their parents using the video phone.

4. Exceptions

Instructional Use: Permitted when authorized by staff for educational application.
Emergency: Permitted as determined by staff in emergency situations.
Accessibility/Accommodation: Permitted whenever required by a student’s IEP for equal and effective communication, in accordance with federal law. Includes the use of captioning, speech-to-text, automated interpreters, and any assistive device or application necessary for the deaf or hard of hearing.
Medical/Health Needs: Permitted if the device is documented as required for managing a medical condition.

ENCSD will provide all auxiliary aids and services required for effective communication. Wireless devices or technology needed for the educational participation of deaf or hard of hearing students are always permitted; restrictions will not impede legally mandated access.

5. Parental Communication

Parents and guardians must contact students through the main office during instructional hours. Personal devices should not be used for external calls or texts unless permitted by specific accommodation or emergency circumstance.

6. Enforcement

Unauthorized device use will result in confiscation and/or discipline as per the ENCSD Family Handbook, in accordance with state law. A parent or guardian may retrieve a confiscated device at the Woodard Administration building. If a parent is unable to retrieve the confiscated device, the device will be sent home with the student on the next travel day. Accommodations and assistive technology for disability access may never be withheld as a consequence.

7. Notification and Review

This policy will be distributed annually, reviewed by ENCSD leadership, and updated as required by changes in NC law or guidance from NCDPI. All amendments are subject to legal review.

8. Legal References

Session Law 2025-38 (House Bill 959)
Americans with Disabilities Act (ADA), 28 CFR § 36.303 (c)
Section 504 of the Rehabilitation Act
North Carolina Department of Public Instruction Guidance

Policy