When you have to go, you have to go. But at a growing number of schools, the price of taking a bathroom break is digital surveillance. New systems like SmartPass clock the time a student leaves the classroom, where they go, and how long they're gone, allowing schools to collect a trail of highly personal information.

The good news for students is that, while data gleaned from digital hall pass systems can be used as evidence in disciplinary proceedings, students often have ample cause to challenge it. Information from digital hall passes loses its power when school administrators:

• Can't show that it is accurate and reliable
• Don't examine it in sufficient context
• Have to weigh other, contradictory evidence
• Can't provide a data-custody trail

The LLF National Law Firm's Student Defense Team works with students across the country to protect them from overzealous or misguided school administrators. Contact us today, and we'll make sure you get the best possible outcome for your case: call 888-535-3686 or send us a message online.

What Happens When Schools Use Digital Hall Passes?

In New York City, more than 150 public schools have adopted a digital hall pass program called SmartPass. Students sign in and out on a tablet posted by their classroom door when they need to:

• Use the bathroom
• See the school nurse
• Visit the campus library
• Run any other legitimate errand

SmartPass tracks the number of minutes they are gone.

The makers of SmartPass say the tech is necessary to reduce unsanctioned student meetups, vaping, and vandalism. Students say it's an invasion of privacy — one that can be easily manipulated and turned against them. For example:

• One student might sign out using another student's name
• A student who's signed out on a bathroom break when an incident occurs on campus is likely to become a suspect
• Students with health issues that require a longer absence can be accused of illicit behavior
• Software malfunctions can mean a student's return time isn't logged, or isn't logged accurately
• Hackers can access the system and change data to harm students

Faulty, incomplete, or misleading data collected by digital hall passes can lead to damaging marks on students' records, suspensions, and expulsions, all of which can negatively impact their futures.

What Recourse Do Students Have When Hall Pass Data Is Used Against Them?

Students facing accusations of conduct violations based on digital evidence need to make sure their school follows due process in its investigation and adjudication process. Failure to properly notify the student of the evidence against them or provide access to the digital hall pass data should disqualify the school's case.

In addition, students must insist that the school meets a standard of evidence in its proceedings. In the case of digital hall passes, this includes:

• Proof that the program was not malfunctioning on the day in question, and that the data it collected is accurate, complete, and reliable
• Placing the evidence in its full context, including the purpose of the hall pass and witness statements (including doctors' notes, if relevant)
• Fair consideration of evidence that contradicts the digital record, such as another teacher witnessing the student's return to the classroom before the time stamp on the hall pass
• Proof that the data collected by the program hasn't been unsecured or manipulated at any point

The Student Defense Team at the LLF National Law Firm is ready to jump in and help if you or your student is facing disciplinary action based on digital hall pass data. Tell us about your case by sending us a message online or calling 888-535-3686, and we'll get started.