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  #1  
Old 08-20-2009, 07:07 PM
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Question about Cell Phone Confiscation

What is the name of your state (only U.S. law)? TN

Hello, could someone please be so kind as to help me out here?

The school system that employs me has an unusual cell phone policy.

A student is not allowed have cell phones powered on during school instruction hours. If a student is caught using a cell phone between the hours of 7:30AM and 3:00PM the cell phone is confiscated by the teacher. The teacher takes the phone to the office and the school system holds the phone for 2 weeks for the 1st offense, 4 weeks for the 2nd, and 6 weeks for the 3rd offense.

Our school system has been in the news as of recent because a parent has challenged that the confiscation of the cell phone was a violation of her rights.

What is everyone's professional opinion?
Thank You for reading my post.
  #2  
Old 08-20-2009, 07:14 PM
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Quote:
Originally Posted by dasaniaddict View Post
What is the name of your state (only U.S. law)? TN

Hello, could someone please be so kind as to help me out here?

The school system that employs me has an unusual cell phone policy.

A student is not allowed have cell phones powered on during school instruction hours. If a student is caught using a cell phone between the hours of 7:30AM and 3:00PM the cell phone is confiscated by the teacher. The teacher takes the phone to the office and the school system holds the phone for 2 weeks for the 1st offense, 4 weeks for the 2nd, and 6 weeks for the 3rd offense.

Our school system has been in the news as of recent because a parent has challenged that the confiscation of the cell phone was a violation of her rights.

What is everyone's professional opinion?
Thank You for reading my post.
I am sure the kids and the parents signed something consenting to this policy. I am a firm believer that kids should have their phones, just not during class. If, I as a parent have an emergency and need to get a hold of my child during class; I will call the school and the school will assist me in locating my child. Anyone else who may be looking to communicate with my child during class time can wait.

I told my daughter, that if I called her during class and her phone didn't go directly to voicemail, I'd yank the phone so fast she wouldn't have time to blink. She tested me once, that is all it took.
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  #3  
Old 08-20-2009, 07:24 PM
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Quote:
Originally Posted by dasaniaddict View Post
Our school system has been in the news as of recent because a parent has challenged that the confiscation of the cell phone was a violation of her rights.

What is everyone's professional opinion?
I'll be interested in reading the court's opinion. In the meantime, without all the facts, guessing on the outcome is like guessing on the outcome of the superbowl. (Even when your team has won 17 straight and has virtually no chance of losing )
  #4  
Old 08-20-2009, 07:24 PM
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The school district The Child attends in central Alabama has a no cell policy. All parents sign a form from the BOE that states they have received/read the school/board's policy/procedure manual; if the form doesn't get back to the school, the children are not issued lockers (in schools that have them).

So, no, I doubt very seriously that the parents have any kind of recourse.
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  #5  
Old 08-20-2009, 07:36 PM
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Quote:
Originally Posted by Wirelessany1 View Post
I am sure the kids and the parents signed something consenting to this policy. I am a firm believer that kids should have their phones, just not during class. If, I as a parent have an emergency and need to get a hold of my child during class; I will call the school and the school will assist me in locating my child. Anyone else who may be looking to communicate with my child during class time can wait.

I told my daughter, that if I called her during class and her phone didn't go directly to voicemail, I'd yank the phone so fast she wouldn't have time to blink. She tested me once, that is all it took.
Thank you for your reply. Yes, the parents do sign off on the school's policies at the start of the year, and from what I have read she admits she knew the 2 week hold policy.
Well the parent has a court order to have the cell phone returned to her (which the school did), but now she is trying to get a bunch of parents together and change the policy.

I wonder if it could be argued that cell phones must be held for a period of time so that they may be searched. I know we had a problem with students taking videos in the restroom/locker room at school years ago and that was why the cell phone policy is so strict.

It is legal for the school to search the contents of the phone to verify that there are not inappropriate images or video?
  #6  
Old 08-20-2009, 07:37 PM
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Quote:
Originally Posted by dasaniaddict View Post
Thank you for your reply. Yes, the parents do sign off on the school's policies at the start of the year, and from what I have read she admits she knew the 2 week hold policy.
Well the parent has a court order to have the cell phone returned to her (which the school did), but now she is trying to get a bunch of parents together and change the policy.

I wonder if it could be argued that cell phones must be held for a period of time so that they may be searched. I know we had a problem with students taking videos in the restroom/locker room at school years ago and that was why the cell phone policy is so strict.

It is legal for the school to search the contents of the phone to verify that there are not inappropriate images or video?
they can search backpacks, so yes.
  #7  
Old 08-20-2009, 07:47 PM
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Originally Posted by IsabellaSoriano View Post
they can search backpacks, so yes.
WHAT? Ummm no. A cell phone cannot contain a gun or knife.
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  #8  
Old 08-22-2009, 10:13 AM
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Originally Posted by Ohiogal View Post
WHAT? Ummm no. A cell phone cannot contain a gun or knife.
Many weapons can be hidden in a cell and are.
  #9  
Old 08-22-2009, 10:18 AM
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Originally Posted by Ohiogal View Post
WHAT? Ummm no. A cell phone cannot contain a gun or knife.
Not at all true. Don't know about a knife, but I can tell you that a gun is completely possible.
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Originally Posted by sandyclaus View Post
CourtClerk is right.
  #10  
Old 08-22-2009, 10:37 AM
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Originally Posted by CourtClerk View Post
Not at all true. Don't know about a knife, but I can tell you that a gun is completely possible.
I'm sure given the time, toys and a little bit of tinkering I could hack a cell phone to contain a spring-loaded knife.
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Actions have consequences. Remember Newton's Third Law of Motion in everything you do.
  #11  
Old 08-22-2009, 10:46 AM
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Originally Posted by TheGeekess View Post
I'm sure given the time, toys and a little bit of tinkering I could hack a cell phone to contain a spring-loaded knife.
You've got too much time on your hands....
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Originally Posted by sandyclaus View Post
CourtClerk is right.
  #12  
Old 08-22-2009, 11:08 AM
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Originally Posted by CourtClerk View Post
You've got too much time on your hands....
Think I need to get a hobby? Or a life?
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Actions have consequences. Remember Newton's Third Law of Motion in everything you do.
  #13  
Old 08-22-2009, 11:23 AM
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Originally Posted by TheGeekess View Post
Think I need to get a hobby? Or a life?
Unlike some on this board, I tend to think you have a life... so I'll just say you need to get a hobby. Hopefully, one that has nothing to do with spring loaded cell phone knives... LOL
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Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #14  
Old 08-22-2009, 11:40 AM
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Originally Posted by TheGeekess View Post
I'm sure given the time, toys and a little bit of tinkering I could hack a cell phone to contain a spring-loaded knife.
Your new nick name is going to be MacGyver
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #15  
Old 08-22-2009, 01:15 PM
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Before I went in I.T I was a Corrections Officer for many years. Always check the cell phone!
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