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View Diary: Hello! Students Have a Right to Keep Cell Information Private (46 comments)

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  •  I kinda agree (6+ / 0-)
    I agree in the respect that the phones should be confiscated (in all schools) however, if the child is under the age of 18, the phone is returned to the parent after a meeting with the principal who would explain to the parent the rules about cell phones and personal electronic devices.

    The parent can then decide to give the phone back, search the phone, of keep the phone from the child for violating school rules.

    I also believe that if there is evidence of sexting or bullying, then the school district should contact a representative of the disctict attorney's office and turn the phones over as evidence.

    •  Since students' phones are (1+ / 0-)
      Recommended by:
      Gravedugger

      generally in the parent's name could a minor consent to a search?   If it became a real issue a parent could always tell the principal that the phone belongs to the parent and the kid inadvertently took it and demand it back.  

      •  No, they can't consent... (1+ / 0-)
        Recommended by:
        BlackSheep1

        not even if the cell is technically in their own name (as a pay-as-you-go cell might be.) Legally, a minor can no more consent to a search than they can sign a contract or take any other legal action on their own. Their parents or guardians are the parties that do that for them. That's why there's such a problem for police in dealing with a criminal suspect who's a minor; they can't be questioned without their parents because they can't even wave their Miranda rights on their own.

        Conservito delenda est pro is deleo orbis terrarum!

        by Stwriley on Fri Sep 10, 2010 at 12:27:15 PM PDT

        [ Parent ]

      •  Schools cover their arses (0+ / 0-)

        by having a consent form as part of the student enrolment, thus negating any rights of the student as they are a minor (under age 18).

        However going back to my comment on sexting or bullying.. if there is indication of such going on.. I agree the school should confiscate the phone (as any school should confiscate phones on campus as they are not needed or necessary and often act as a disruption in class).. but I do not agree with the school conducting searches of the phones.. that is why if there is indication of sexting / bullying via cell phone, the confiscated phone should be turned over to the DA's office for criminal charges. (parents should have taught their kids to be better people that that.. as such, suffer the consequences of their actions / inactions along witht he kids to learn a lesson their parents should have taught them, but failed to do so, so that both ccan recieve dicipline for their actions / inactions [student / parent respectively]).

        Parentsd should be respoinsible enough to confiscate the kids phones at home before they walk out the door.. they can get them back once they get home. And parents should be the ones to set the locks on the phone, not the kids, thus preventing unauthorized usage and preventing deletion of information so the parent can monitor what their kids are doing with the phone.

        Like the phone I gave to my 13 year old boy.. runs the Widows 7 poirtable interface.. I set the Primary password, which gives me primary access to the phone (my soin has his own password foir call locking / lockig ophone keypad).. I disable his ability to reach R and X rated sites, make sure I have a language filter installed, disabled his ability to delete files / emails, disabled the ability to create any new accounts with the apps onboard. Disabled cookies to prevent creation of new acounts online (won't sign in to online sites).. as such he can only get info on his phone via web, not create accounts to bypass my securities.. and he has to ue the built in apps to send / recieve emails / texts, plus he can't clear outgoing call history or incoming call history.

        He can use his phone for everything under the sun.. I just have access and control of the content that I find permissible for his age. He knows I check his messages incoming and outgoing. He also doesn't take the phone to school (and that is moot point now since he is home schooled).. however he did have to hand the phone to be or my wife as he walked out the door to catch the bus when he was attending public school.

        We keep our kid out of trouble and he is a well diciplined and becoming a well educated individual with stroing morals and strong work ethic. He has never been in any trouble at school. Altercations that he has had in shool was initiated by other kids with less than savory attitudes or principles or morals.. basically kids who don't have dicipline at home.

        My kid has been a straight A B honor roll student in Public School.. in home schooling he is maintaining a 3.9 GPA in all classes.

        Basically it boils down to the parents and their enforcement of rules and dicipline or the lack there of.

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