MN SF2846

School employees are prohibited from accessing, searching, or compelling students to produce data from personal technological devices, even if carried in violation of school policy.

School employees may search personal devices only if they have reasonable suspicion of a policy violation, must document the suspicion, notify the student and parent beforehand, limit the search to evidence of the suspected violation, and cease searching upon finding sufficient evidence.

For suspected illegal conduct, a judicial warrant is required for any device search, even if a policy violation is also suspected.

Seizure of devices to prevent data deletion is limited to 48 hours pre-notification, and devices must be stored securely and not accessed during this period; within 72 hours of accessing devices for imminent threats to life or safety, written notice of the threat and accessed data must be provided.

Violations are subject to civil liability for actual damages including mental pain and suffering plus attorney fees, evidence obtained in violation is inadmissible in legal proceedings, and school employees may face disciplinary action; law enforcement and security personnel are excluded from the definition of school employees.