Cell Phones in High School

[StudentTX07]

Hello,
I am a high school student in the Lewisville Independent School District of North Texas. In my district, there is a policy/rule that if you are found in possesion of a cell phone during the school day, it can and will be confiscated and only returned at the end of the school day... but here's the catch: you have to pay 15 dollars to get it back..

I had just finished second period and gotten my books and otherwise personal belongings from my locker and went to meet some friends in the hallway. The class before, I had sent a text message to one of the above mentioned friends and did not receive a reply. Worried, I asked her why she didn't return my message. I was scared she'd gotten her phone taken away because it might have rang in class (she was new at our school and didn't know all the "policies" and "rules"). So, she told me to try it again. I pulled out my cell phone, not bothering to look and see if any teachers were looking. First, I asked if the number was right and showed it to her to make sure. The number was right, but the next thing I knew, a tall man (one of the Assistant Principals) was standing behind me with his hand out for my phone. Of course, not wanting to get into any more trouble, I gave it to him. He told me I could pick it up in the front office after school. As we walked to our next class, which happened to be the same direction he was going, we saw him messing with my phone. It is one of the older Nokia models that has a fluorescent blue back light, so it was obvious he was doing something. Anyway, later I remembered about the 15 dollar fine to get it back.
Now, contrary to popular belief, this topic was intended to determine the legallity of the taking, and "holding ransom", if you will, of student's cell phones, pagers, or otherwise deemed "inappropriate school objects" and then charging a fee to get them back.

I will tell you right now that I agree wholeheartedly with the school's policy on confiscation of the phones and having the student pick it up after school. However, I DO NOT agree with the school charging a fine for the cell phone to be returned. Does this not give teachers an incentive to go hunting cell phones to earn the school money? Where does the money go and how is it used? However much you all may think they are trying to "ready us for the real world", or whatever excuse you want to come up with, WE ARE STILL KIDS! You can't charge us for crimes on the same criminal justice system you use for adults. So how is it LEGAL for them to charge us to get our OWN property back, which we've already paid for to receive a right of ownership?

Now, since this happened Friday, and it's the end of Monday, and I haven't gotten the guts to ask for my phone back yet, I want to know, before I give the school 15 dollars it doesn't deserve, if this is in fact legal.

My father is planning to talk to his attorney on this subject. He had planned on demanding his property back, but I learned that one of my friend's dads (who this also happened to) tried that already. Her father is a Police Officer and came to the school in full uniform and demanded the phone back, saying it was his property that he paid for, and he wanted it back... He was asked to leave unless he paid for the phone.

So, my dad is going to take the sensible route, and go straight to the source with his attorney... the district. Thanks in advance for your Free Advice!

PS: Quite frankly, I know I shouldn't have had my phone out as it was in direct violation with the accordance of the Student Code of Conduct I, and my parents, signed that we READ, not, mind you, agreed to. However, this does not change the fact that it is my property, and I have a right to have it back without paying for it.

 

[stealth2]

Yes, it's legal. Next time - keep the phone where it belongs until the end of school.

 

[StudentTX07]

Hmm maybe I didn't make it clear... I don't need you telling me to keep it in my backpack. I know I made a mistake and I shouldn't have had it out. That's not for YOU to be telling me. What I am asking YOU is how it is legal for any organization to take your property and require you to pay to get it back, not simply if it is/is not legal. Next time, think before you post something ignorant, "Stealth."

 

[stealth2]

It's called a fine. Just like when you park in the wrong place, speed, etc.

 

[StudentTX07]

Yeah, except those fines are issued by Police Officers... and THAT'S legal. It's because, who would have guessed?... they have LAWS for those things. A High School charging students to get thier own property returned does NOT seem legal, and is in no way the same as if you (an adult) got a parking ticket.

(*Note* in some situations, what may seem to be grammatical errors are used to convey the tone of "sarcasm".)

 

[roro24]

From graduating from the great public school districts, that Texas is known for, in a sarcastic way. And also graduating from Sam Houston State University for Criminal Justice, I can tell you this...It is perfectly legal for the school to impose fees for confiscating items that the school has already set a rule and regulation for banning. The school is one of those special places that normal laws do not apply, especially to your rights as a student (i.e. speech, clothing, and other things that you can do outside of the school without getting in trouble). I am sure that you had to sign a copy of the Code Book at the beginning of the year, and had to turn that paper into your homeroom teacher (or other faculty member). I lived in several school districts in Texas (El Paso, Houston, Dallas, Amarillo and San Antonio). And at all of these schools, I had to sign a piece of paper saying that I have read and understand all of the rules set by the school district, and that my parents have read these rules also. If the school wants to set a fee for confiscating your phone, then they can do that, because they had to get permission from a chain of people to be able enstate this fine.

If you find it such a crime for you to have to pay a fine for you not abiding by the rules set by the school, then go ahead and fight the system. Good luck with this, because they will pull up everything that you have ever done in that school, and question you on everything. If you see that you probably signed a contract understanding the rules and regulations of the school, and by bring the phone up to the school, you have breeched a contract.

I am sure that you will not be bringing your phone to school anymore, or at least, leaving it in your locker and saving the text messages for after school, or in a class that you can get away with text messaging. Best bet, pay the fine, and do not text message in the hallway. Go into the bathroom or other hiding place. I have been there, and done that, bought the tee-shirt.

It is going to be more of a financal burden for your dad to get an attorney involved in a 15$ fee for you breaking the rules. It would be understandable if they were doing a search of vehicles in the parking lot, saw your cellphone, and then took it. That would be a reason to fight this fine, but like you stated, you realize that you broke the rules, and literally, you are having to pay the consequences.

 

[BelizeBreeze]

Yeah, except those fines are issued by Police Officers... and THAT'S legal. It's because, who would have guessed?... they have LAWS for those things. A High School charging students to get thier own property returned does NOT seem legal, and is in no way the same as if you (an adult) got a parking ticket.

(*Note* in some situations, what may seem to be grammatical errors are used to convey the tone of "sarcasm".)

Listen punk, you have every right to be pissy. But, if you continue then you'll receive nothing at all from this forum. If you feel the advice you receive here is wrong then you have two alternatives:

1. hire your own attorney and sue the school board, or;
2. just continue disobeying the rules and getting fined.

It's time to grow up.

 

[StudentTX07]

Good advice, Roro.. I think we're just going to pay the fine, but I wanted to have a good explanation of why it's legal for doing that. And "Breeze," this is the only time I've ever come to these forums-- to post this topic-- and I won't be coming back. The reason? I have seen how most people respond to perfectly legitimate questions. They use sarcasm and try to make people feel bad about thier questions. It's not right, and I hope they can live with themselves. Bye!

EDIT: I added the word "use" before "sarcasm." This is not an error in my thinking or knowledge of the words, it is called a "typo." I typed this response quickly before I left for school this morning. To whomever it was that made the comment about my grammar... that is exactly the kind of thing I was talking about. Grow up.

 

[BelizeBreeze]

Good advice, Roro.. I think we're just going to pay the fine, but I wanted to have a good explanation of why it's legal for doing that. And "Breeze," this is the only time I've ever come to these forums-- to post this topic-- and I won't be coming back. The reason? I have seen how most people respond to perfectly legitimate questions. They sarcasm and try to make people feel bad about thier questions. It's not right, and I hope they can live with themselves. Bye

I sure can.

Of course, since you attacked a member of this forum for giving you the correct legal answer I doubt seriously if you'll be missed.

 

[BelizeBreeze]

Oh, and by the way, since you put so much value in Roro's "advice", I suggest you read it again. Especially the part about the parking lot, which was WRONG!

 

[stealth2]

They sarcasm and try to make people feel bad about thier questions.

If you spent a little more time paying attention to your studies and a little less texting girls during school hours, you'd know that sarcasm isn't a verb. You can't "sarcasm" anyone.

 

[HomeGuru]

sarcasm me up baby and I'll phone you!

 

[roro24]

Sorry to hear that you will not be coming back to the discussion. If you can weed out the bad advise and ill-willed mannerisms of the other participants in the threads, you can see that people really do care about law and the rights of people. It is a shame that name-calling and "Put-downs" are the only way that some of people on this site can make themselves feel like the "Bigger Man". It sounds like that someone was not given their pony on their 10th Birthday and hates everyone for their parent’s mistake. Do not allow a select few, warmongering adults (BelizeBreeze), who find it enjoyable to make it a point to point out how rich, spoiled, and everything that they are not, to make a final decision on not coming back to this web-site. You find that there are people who genuinely care about other people, and how bigots treat those people. You just have to ignore people, like BelizeBreeze, and comments that do not pertain to what your case states. I thank you for your compliment on my advice.

To BelizeBreeze: You should really check up on the Code Book for the Lewisville, before trying to point out where YOU ARE WRONG!!!!!!. You could fight this on the basis that the car that she might own is not school property, nor is the telecommunications device located in such an area that it would cause an "disruption" to the school population. As Stated from the Lewisville Independent School District:

PROHIBITION
The District shall prohibit students from using paging devices, cellular telephones/radios, or other telecommunications devices during the school day. Paging devices, cell phones/radios, or other telecommunications devices shall not be in use, visible, or audible in the school during the school day. The campus principal shall define the school day.
PENALTIES
Students who violate this policy shall be subject to established disciplinary measures in accordance with the Student Code of Conduct. Any District employee observing a student using a device during the school day that is prohibited by this policy shall report the violation to the appropriate administrator, who shall confiscate the device.
DEVICE RETRIEVAL
The paging device, cellular telephone/radio, or other telecommunications device shall be returned to the student or to the student's parents at the end of the school day after payment of a $15 administrative fee per offense. Persistent noncompliance with this policy shall result in the telecommunications device being returned at the end of the semester after a payment of a $15 administrative fee is received.
DATE ISSUED: 06/23/2003
LDU-25-03
FNCE(LOCAL)-X​

StudentTX07: As stated in the above mentioned. This is in the District Policies. This is also in your Districts information:

A "paging device" is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.
PAGING DEVICES POLICY
The Board may adopt a policy prohibiting students from possessing paging devices while on school property or while attending school-sponsored or school-related activities on or off school property.
PENALTIES
The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device. DISPOSAL
The District policy may provide for:
1. Disposal of a confiscated paging device in any reasonable manner, provided the student's parent and the paging company whose name and address appear on the device are given 30 days' notice of the intent to dispose of the device. Such notice may be made by telephone, telegraph, or in writing, and must include the serial number of the device.
2.Charging the owner of the device or the student's parent an administrative fee of not more than $15 before it releases the device.
Education Code 37.082
DATE ISSUED: 10/23/1995
UPDATE 50FNCE(LEGAL)-P​

So, it sounds like that you need to get your phone before they throw it away. Then you are going to have to buy a new phone...Which is more than considerably more than $15. Good luck in the rest of the school year. And you might want to get your parents involved in this policy, because as stated in the Ed. Code. 37.082 "The Board may adopt a policy prohibiting students from possessing paging devices while on school property or while attending school-sponsored or school-related activities on or off school property." Which means that if you are at a football game, and you need to call your parents for a ride, or to find out where your friend are at in the staduim, the board can take the use of cellular phones in this situation too...So, get involved in your schools politics. GOOD LUCK!!!

 

[BelizeBreeze]

roro24, are you serious?
A school Policy versus the U.S. Supreme Court?

I strongly suggest you read New Jersey v. T.L.O.[/URL] or Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969) or Tannahill v. Lockney Indep. Sch. Dist., 133 F. Supp. 2d 919 (N.D. Tex. 2001), to understand the fallacy of your position.

 

[roro24]

The school district is not located in New Jersey, it's Texas. As you state case laws, this case would prompt a case law in Texas. From state to state the laws change, this is why when you begin a Thread, the first question you need to answer is: What State Do You Live In? Even though the US Supreme Court made these decisions on the cases you stated in your remarks, here is your "fallacy" in this statement:

BelizeBreeze: Regarding Case Law use on your statement “I strongly suggest you read...New Jersey v. T.L.O ... or Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969) or Tannahill v. Lockney Indep. Sch. Dist., 133 F. Supp. 2d 919 (N.D. Tex. 2001), to understand the fallacy of your position.”

New Jersey v. T.L.O. has to do with having illegal substances on school grounds, i.e. the case had to do with a girl who was searched because the smell of smoke was pungent and fresh. So, a faculty member decided to search her purse, which turned up evidence of the cigarettes. This caused it to be a MIP of cigarettes. And lets get a little bit up to date. As I learned in law school, as well as CJ school, you should have no more than a five year gap on your case laws. If you are representing a case in 2005, you are not going to give case law from 1985, 20 years later. You will be torn up in a case from any sub par defense lawyer.

This standard will, we trust, neither unduly burden the efforts of school authorities to maintain order in their schools [469 U.S. 325, 343] nor authorize unrestrained intrusions upon the privacy of schoolchildren. By focusing attention on the question of reasonableness, the standard will spare teachers and school administrators the necessity of schooling themselves in the niceties of probable cause and permit them to regulate their conduct according to the dictates of reason and common sense. At the same time, the reasonableness standard should ensure that the interests of students will be invaded no more than is necessary to achieve the legitimate end of preserving order in the schools.​

As for Tinker v. Des Moines Ed. (1969) has nothing to do with a case of StudentTX07. I do not think that she will be protesting any wars with her cellular phone. If you would have read that case, it was regarding students wearing black in regards to the Vietnam War. Again, 30+ years ago.

As to Tannahill v. Lockney, it has to do with drug testing among athletic students, not cellular phones. This one I do give you credit. You are moving towards the times of today (2001).

Before posting case laws, make sure to read them first. Then, if it has something to do with a case being discussed, by all means, use the case law to back up your evidence. Since you have not proven your ability to point out “fallacy” in my first statement, by all means, find an actual case law that would have to do with StudentTX07’s case. And, as stated before, any sub par defense lawyer would tear up these case laws in your case. I take that back, any law student in debate could take this case on in court against your case laws.

So, back to StudentTX07, here is my advice I give to you: If you prove it a point to voice your concerns, you will not go unheard. As you can see, BelizeBreeze has done research to point out what was seen as a "fallacy" but with a little bit of reading and more research, I was able to show you that these case laws do not have any weight on your case. GOOD LUCK, AGAIN...