Yes, "...[W]ithout the prior consent of the instructor" is the key. It seems pretty clear to me that if "the instructor" specifically gives his/her "prior consent," as in, "Yes, Ernesto, you may listen to your iPod today in my class while you're doing the reading I've assigned you for this last 20 minutes of class," then the Ed Code allows it.
In a school library media center, who's the "instructor?" If there's a credentialed teacher librarian (TL), it stands to reason he/she is that instructor. If he/she gives blanket permission to students to listen to iPods in the library, there's no Ed Code restriction against that.
In today's staff and student bulletin, the following (again) appeared: "A friendly reminder to all students that all iPods, etc. are to be put out of site [sic] prior to stepping on campus in the morning, and remain out of sight until the end of the instructional day. To repeat in different terms, iPods, etc. are not allowed to be used on campus from arrival in the a.m. to 2:18 p.m. (Mr. Shelburne [<--Principal])
At our last Dept. Chairs meeting, when I brought up the fact that the library is different from the classroom and asked if people didn't feel it would be OK for me to allow students there to listen to their iPods while they were reading, browsing a magazine, working on homework, working (or playing) on a computer (etc.), his response was (approximately), "As they've been told many times in many different ways, the policy is no. If they or their parents have a problem with that, let them lobby their legislators to change the Ed Code." I'm going to share this snippet of the Ed Code (EC) with Principal Shelburne and see if he'll reconsider. My memory has it that the EC used to read differently, more like, 'Electronic devices are not allowed on campus,' or something to that effect. Perhaps that's his memory, too, and he's not aware of how it now reads. On the other hand, perhaps he just wants to draw a line in the sand for some reason (all these tiny, expensive, easily-swipeable devices floating around for kids to steal, lose, argue over?) In any case he's my boss and I'm not going to fight him about it (especially since he's likely to eliminate my position anyway to help make his drastic district-mandated site budget cut target), but I'll "educate" him in any case. Hey, I'm a teacher librarian and I don't just educate teenagers! ;)
Thanks for finding and sharing that Ed Code, Joel!