LaRue County School District: SMS Privacy and 10DLC Compliance Guide

1. Regulatory Foundation and Legal Authority

The administrative frameworks of the LaRue County School District are established under the definitive legal authority of the Commonwealth of Kentucky. Pursuant to the Constitution of Kentucky, Section 59, Subsection Twenty-fifth, the General Assembly is expressly prohibited from passing "local or special acts" concerning the "management of common schools." This constitutional limitation necessitates that the District establish standardized, Board-approved policies to govern local operations.

In accordance with this authority and to establish a robust defensive posture against potential litigation, the District adheres to Policy 08.2324 (Traceable Communications). The District hereby designates the SMS system as the exclusive and traceable method for electronic student communication. This mandate ensures that all interactions are documented within a Board-monitored environment, fulfilling the District’s "management" duties while mitigating the legal risks associated with non-traceable, informal digital exchanges.

2. Policy 08.2323: Safe, Secure, and Responsible Use

Administrative Policy 08.2323 governs the "Access to Electronic Media," mandating that all SMS usage shall align with standards of safety, security, and institutional responsibility. This policy serves as a regulatory safeguard to ensure mobile communications remain professional and purpose-driven.

Responsible Use Standards

  • Professional Integrity: All SMS communications shall be direct, objective, and strictly confined to school business, administrative alerts, or student safety.

  • Institutional Safety: Personnel shall utilize the SMS platform in a manner that prioritizes the physical and emotional well-being of students.

  • Systemic Data Integrity: Users shall ensure that messaging activities do not compromise the District’s internal network security or the confidentiality of the student body.

  • Exclusivity of Platform: To maintain a permanent and transparent record, District personnel shall use only Board-designated systems for student-related messaging; the use of personal, non-traceable applications for such purposes is strictly prohibited.

3. 10DLC Carrier-Mandated SMS Protocols

To maintain essential access to mobile carrier networks and fulfill the District’s constitutional obligation to manage school communications effectively, the District shall comply with 10-Digit Long Code (10DLC) requirements. These protocols are a prerequisite for technical transmission and legal adherence to wireless carrier standards.

10DLC Carrier Compliance Requirements

Requirement Type

District Specification

Agreement Type

The District shall maintain a conversational message agreement.

Message Frequency

The District shall limit transmissions to 1-2 messages per month.

Mandatory Commands

The system shall support and recognize STOP (opt-out) and HELP (information requests).

Disclosures

The District shall disclose that "Message and data rates may apply."

4. Data Privacy and Policy 09.14 (Student Records)

The protection of student data is governed by Policy 09.14. While the District generally defines certain data as "Directory Information" under standard protocols, a specific regulatory exemption is hereby applied to mobile-originated data to ensure compliance with carrier privacy mandates and heightened student safety.

SMS-Specific Privacy Exemption

Under this guidance, mobile information—specifically phone numbers and SMS opt-in/consent data—is strictly exempt from standard "directory information" sharing. Although phone numbers may be shared in other contexts (such as printed yearbooks or athletic programs), the data harvested for SMS participation shall be treated as highly confidential and non-transferable.

Privacy Notice: Mobile data, including phone numbers and opt-in status, shall not be shared with third parties or affiliates for marketing or promotional purposes. This exclusion applies to all text messaging originator opt-in data and consent.

5. Official Public Website Disclosure (URL: /sms-page)

The following text is authorized for publication on the District’s official website. This disclosure is required to maintain transparency and carrier compliance.

Authorized Web Copy:

"LaRue County School District provides SMS updates for administrative and educational purposes. By opting into our messaging service, you agree to receive school-related notifications.

  • To Opt-Out: Reply STOP to any message to cancel. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

  • For Support: Reply HELP for more information or contact our central office.

  • Frequency: You can expect to receive 1-2 messages per month.

  • Rates: Message and data rates may apply.

  • Privacy: Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties."

6. Implementation and Effective Dates

The implementation of these compliance protocols follows the rigorous legal standards established for the effectiveness of laws within the Commonwealth.

Legal Standards for Policy Effectiveness

Pursuant to the Constitution of Kentucky, Section 55, no act shall become a law until ninety days after the adjournment sine die of the session at which it was passed. In accordance with OAG 94-17 and OAG 95-32, the calculation of this period shall exclude the day of adjournment and include the 90th day, ensuring 90 full days pass before the policy is deemed active.

Contingency and Emergency Measures

  • Contingent Enactment: Stakeholders should be aware of the "Contingently enacted" version of Section 55, which proposes an effective date of July 1 of the year in which a policy is passed, or 90 days after it becomes law, whichever occurs later. The District shall monitor the ratification of this change to ensure future-proof compliance.

  • Emergency Measures: In instances where a policy is designated as an emergency measure, it shall become effective immediately upon approval. However, per Section 55, the specific reasons for the emergency must be set out at length in the official records (journals) to justify the expedited timeline.

  • Administrative Uniformity: To ensure administrative uniformity and legal adherence during the transition period, all non-emergency updates to these SMS guidelines shall observe the standard 90-day waiting period following Board adjournment sine die.