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Question about Cell Phone Confiscation

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D

dasaniaddict

Junior Member
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.
 


A

Antigone*

Senior Member
dasaniaddict said:
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.
Click to expand...
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.
 
M

Mass_Shyster

Senior Member
dasaniaddict said:
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?
Click to expand...
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 :( )
 
TheGeekess

TheGeekess

Keeper of the Kraken
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.
 
D

dasaniaddict

Junior Member
Wirelessany1 said:
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.
Click to expand...
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?
 
I

Isis1

Senior Member
dasaniaddict said:
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?
Click to expand...
they can search backpacks, so yes.
 
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