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Another Cell Phone Issue

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MomInNE

Member
What is the name of your state? NE

My daughter's cell phone was taken away during an after school Chorus activity, not on school grounds. It was explained to my daughter that she was text messaging during rehearsal. The teacher did not take her phone away until after they reached a restaurant where they had dinner between rehearsal and their performance. After the activity the chorus teacher refused to return the phone to my daughter.

My daughter called me from another students' phone and I told her to let me speak with her chorus teacher.
I asked the teacher if my daughter's phone was taken away because she was text messaging.
She said yes that it was because of texting.

I explained to the teacher that it was impossible for her to be texting because I had put a security lock on my daughters phone and the only thing she can do is call Me, her dad and 911.
I even told her to turn on my daughter's phone and see for herself. She refused.

The teacher then explained that the phone would be turned into the office for me to pick up the next day. I told her no and that she will return my personal property to my daughter tonight. My daughter was getting a ride home and I was not picking her up.
She still refused to give my daughter the phone back.

I went up to the school and got the phone myself, that evening
.
When returning home I noticed the back battery cover was on wrong. I went to fix it and noticed the cover was broken(the clip that locks the cover in place). Her phone was not broken when the teacher took the phone from my daughter.
Now the battery cover will not say on and the battery falls out.

Here is the school cell phone policy below.

CELL PHONES, HEAD PHONES, AND OTHER TECHNOLOGICAL DEVICES
Students are not to being any technological devices to school. Examples of this may be (but are
not limited to) cell phones, head phones, I-Pods, cameras, etc. Papillion La Vista School District
is not responsible for lost or stolen items.
Students are not allowed to use cell phones, head phones, or any other technological devices in
the school building prior to 3:20. This includes before school. If students need to contact their
parents before or during the school day, they must go to the main office or the health office.
Students caught using technological devices before or during the school day, will have the item
taken from them and turned into the main office. Be advised that any material contained in the
device is subject to review.

1st offense: student can pick up the item after school in the office. A signature will be
required.
2nd offense: two detentions will be assigned and parent/guardian will be contacted.
3rd offense: Tuesday/Thursday/Saturday school will be assigned and parent/guardian will
be contacted.


My daughter did say she took her phone out to see the time after practice and the teacher was not in the room. Another girl saw her with her phone out and said she was going to tell the teacher she was texting. The teacher did not take her phone away then, but later at the restaurant. Assuming after this other student told the teacher she was texting.

Regardless, No where in the hand book does it mention after school activities and cell phones. Also,
1st offense the phone is returned to the student.
And She never used her phone & now the phone is broken.

Should the teacher be responsible for replacing the broken battery cover?
The teacher also mentioned she will turn this incident into the school principle in the morning.
I believe the teacher did not grounds to take my daughter's phone away and then return it broken.

What is the best way to handle this situation?
 


VeronicaLodge

Senior Member
i would go to the office with the policy and tell them what happened and that you expect the phone to be replaced since they did not follow their own policy.
 

Zigner

Senior Member, Non-Attorney
Sure they should - just prove that the teacher or the school broke the phone. :rolleyes:
 

Humusluvr

Senior Member
CELL PHONES, HEAD PHONES, AND OTHER TECHNOLOGICAL DEVICES
Students are not to being any technological devices to school. Examples of this may be (but arenot limited to) cell phones, head phones, I-Pods, cameras, etc. Papillion La Vista School District is not responsible for lost or stolen items.

The best way to handle this situation is for your daughter not to bring a cell phone to school or school functions, and not to expect the school district to take any responsibility for the phone.

The teacher was correct in turning the phone in to the school principal. Once the incident escalated to insubordination (and your daughter caused this to happen by arguing with the teacher) the teacher was using good judgement to turn the phone over to the office.

No one can PROVE who broke the phone. Kids lie. People lie. Everyone lies.

Use this as a teaching moment for your daughter. Teacher her to keep her things at home if she doesn't want them to be lost, stolen, or destroyed.
 

las365

Senior Member
I don't get the furor over replacing the phone. We've had to replace one of my bosses' cell phone three times in the last two to three years. We call the provider and get another phone and it's free. They always have promotional offers on phones. You may have to renew your contract. but if you aren't planning on changing providers, so what?

By the way, a cute wristwatch makes a nice Christmas gift.
 

Jennifer Walter

Junior Member
Re:

Usually the individual department, school, or division that has taken care or custody over personal property has ultimate financial responsibility for such property.

Though she acted strangely (taking the phone AFTER the recital) she was acting under school regulations and there for the school could be called on to replace said item.

I think if you make enough fuss you would be able to get the situation handled with little legal action at all.
 

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