Could a Louisiana school board regulate students' possession of cell phones at school after state law addressed their use?

Plain-English summary

A legislator asked whether local school boards could regulate students' possession of cell phones in schools, on school grounds, and on school buses after a state amendment changed the device rule. In Opinion 03-0351, the AG said yes. LSA-R.S. 17:239 restricted unauthorized use or operation of electronic telecommunication devices but did not itself prohibit or permit possession. A school board could address possession through its student code of conduct.

The local rule had to comply with state law, state-board rules, and the school board's own existing rules and policies. The opinion also said the code must include any necessary discipline for violating it.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

School board

The amended state provision addressed use or operation without principal authorization, while leaving possession unaddressed. The board's general rulemaking power under LSA-R.S. 17:81(C) and code-of-conduct duty under LSA-R.S. 17:416.13A supported a local possession rule that met the opinion's consistency conditions.

Students and parents

A rule on possession could come from the local code even though the state provision focused on use. The quoted state law also allowed device use in an emergency and provided for principal or designee authorization, so the underlying use rule had its own exceptions.

Common questions

Did the state law itself ban possession of a cell phone?

No. The AG said LSA-R.S. 17:239 neither prohibited nor allowed possession; it addressed unauthorized use and operation.

Could a school board write a possession rule anyway?

Yes, through a compliant student code of conduct, including any necessary disciplinary action.

Did the opinion remove the state law's emergency exception?

No. The quoted statute preserved device use in an emergency involving an actual or imminent public-health or safety threat.

Background and statutory framework

LSA-R.S. 17:239, as amended by Act No. 927, governed unauthorized device use or operation at school and on school buses. LSA-R.S. 17:81(C) authorized local school-board rules consistent with law and state-board regulations. LSA-R.S. 17:416.13A required a compliant student code of conduct.

Citations and references

• LSA-R.S. 17:239: student device use and operation.
• LSA-R.S. 17:81(C): local school-board rulemaking.
• LSA-R.S. 17:416.13A: student code of conduct.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0351

Original opinion text

~tate o[ ~oui~iaua
One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIl DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

OPINION NO. 03-0351

100-SCHOOLS AND SCHOOL DISTRICTS -Teachers, Principals & Superintendents, Sabbatical Leave, Extracurricular Activities, Students

LSA-R.S. 17:239 LSA-R.S. 17:81(C)
LSA-R.S. 17:416.13A

Since LSA-R.S. 17:239 does not prohibit nor allow the possession by students of cellular telephones while students are in school, on school
The Honorable Joe R. Salter
grounds and in school buses, a local public school board can adopt a
State of Louisiana
code of conduct which includes regulations conceming the possession
House of Representatives
by students of cellular telephones provided the regulations are in
compliance with all existing rules, regulations and policies of the local
P. O. Box 250
school board and of the State Board of Elementary and Secondary
Florien, Louisiana 71429
Education and all state laws relative to student discipline. The
regulation must include any necessary disciplinary action to be taken against any student who violates the code of conduct.
Dear Representative Salter:

I am in receipt of your request for an Attorney General’s opinion regarding the authority of local public school boards to adopt regulations concerning the possession by students of cellular telephones while students are in school, on school grounds, and in school buses.
Act No. 927, HB No. 750, amended and reenacted LSA-R.S. 17:239 on July 1,2003. LSA- R.S. 17:239 now states the following concerning the prohibition against unauthorized cases of electronic telecommunication devices by students in any public elementary or secondary school building:

A. Effective beginning with the 2003-2004 school year and thereafter, no student, unless authorized by the school principal or his designee shall use or operate any electronic telecommunication device including any facsimile system, radio paging service, mobile telephone service, intercom, or electro- mechanical paging system in any public elementary or secondary school building or on the grounds thereof or in any school bus used to transport public school students.

B. A violation of the provisions of Subsection A of this Section may be grounds for disciplinary action by the school system, including but not limited to suspension from school.

C. Nothing in this Section shall affect the conduct of law enforcement activities including the use of electronic detection devices, dogs, or other means of conducting searches for weapons, drugs, or other contraband in whatever manner is otherwise permitted by law and consistent with local school board policy.

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The Honorable Joe R. Salter
OPINION NO. 03-0351
Page - 2 -

D. Nothing in this Section shall prohibit the use and operation by any person, including students, of any electronic telecommunication device described in Subsection A of this Section in the event of an emergency.
Emergency means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage.

Section A of this statute previously included the prohibition against a student possessing any electronic-telecommunication device including any facsimile system, radio paging service, mobile telephone service, intercom, or electro-mechanical paging system in any public elementary or secondary school building or on the grounds thereof or in any school bus used to transport public school students. You indicated that it is your position that the law as amended by Act. No. 927 does not affect the authority of a local public school board to adopt policies regulating possession by students of cellular telephones provided that if possession is permitted, control over use and operation is placed with the school principal or his designee as specified by Act. No. 927.

LSA-R.S. 17:81(C) provides the following concerning the general powers of city and parish school boards. It states:

Each city or parish school board is authorized to make such rules and regulations for its own government, not inconsistent with law or with the regulations of the State Board of elementary and Secondary education, as it may deem proper.

LSA-R.S. 17:416.13A states the following concerning a student code of conduct:

By not later than August 1, 1999, each city, parish, and other local public school board shall adopt a student code of conduct for the students in its school system. Such code of conduct shall be in compliance with all existing rules, regulations, and policies of the board and of the State Board of Elementary and Secondary education and all state laws relative to student discipline and shall include any necessary disciplinary action to be taken against any student who violates the code of conduct.

Parish school boards may make such rules for their government as they desire, so long as the rules do not conflict with law or regulations of the Louisiana State Board of Education (See Attorney General opinion May 24, 1966.)

Since LSA-R.S. 17:239 does not prohibit nor allow the possession by students of cellular telephones while students are in school, on school grounds and in school buses, a local public school board can adopt a code of conduct which includes regulations concerning

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The Honorable Joe R. Salter
OPINION NO. 03-0351
Page - 3 -

the possession by students of cellular telephones provided the regulations are in compliance with all existing rules, regulations and policies of the local school board and of the State Board of Elementary and Secondary Education and all state laws relative to student discipline. The regulation must include any necessary disciplinary action to be taken against any student who violates the code of conduct.

I hope this opinion suft-~ently addresses your concerns. If I can be of further assistance please let me know.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
BEtH CON~RAD RbB[NSON
ASSISTANT ATTORN EY GEN ERAL

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