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

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  •  Thank you! (3+ / 0-)
    Recommended by:
    Ray Radlein, Stwriley, second gen

    I understand now.  Of course. School can seize the phone, but not search it w/o a warrant.

    Duh. Silly me.

    Nos videntes nolite quiescentes, numquamque somnitur.

    by tapu dali on Fri Sep 10, 2010 at 10:38:20 AM PDT

    [ Parent ]

    •  I'd suggest instead to hold the student in (1+ / 0-)
      Recommended by:
      BlackSheep1

      a safe supervised and comfortable spot and call parent for permissions to do anything else.

      Call the parent and at least offer to first allow the parent come and take cell phone from student before considering directly 'confiscating' the kids phone. The kid and his property really belongs to the parent, not the school.  Ask for permission from the parent to detain the kid and to hold the kid's phone until the parent can come and meet with the teacher.

      These kids' phones may connect to email, Facebook and other social networking sites, wherein the kid or parent might not be able to directly control what sort of communications and pictures are viewable, and yes, tracing financials and other private data is easily enough done.  It's not like being caught passing a note.  A contemporary smart cell phone may retail over $500 which might make taking it from someone a bit more than petty theft. It also may not be in be in the interest of cell phone service providers to have phone software and data searched.

      As costly as it might be, perhaps advising my teen to pop out memory cards & stomp on her electronics before being forced to give it to anyone else would be prudent.

      When life gives you wingnuts, make wingnut butter!

      by antirove on Fri Sep 10, 2010 at 11:30:39 AM PDT

      [ Parent ]

      •  Only if you really like paying for cell phones. (0+ / 0-)

        What you're proposing is unworkable in a school. The problem is that teachers and administrators do have responsibility for the kids under their care, under the legal doctrine of in loco parentis, though this does not extend to such things as legal and medical decisions beyond the scope of immediate emergencies.

        So teachers already have the legal authority to do something like confiscate a cell phone used against the rules (i.e., they are enforcing conduct and behavior, in accordance with the in loco parentis doctrine) but cannot extend that to a search of the same cell phone because this would be to cross the line and assume the entire parental legal responsibility which (thank goodness!) teachers do not have. To place the hurdles you have on this is both unworkable in a practical sense and exposes teachers to other legal liability for failing to carry through with their responsibilities in a timely manner.

        Thus in your scenario as it should be handled, the teacher does not need to contact the parent to either detain the child or confiscate the cell initially. From there, it depends on why the cell was confiscated. If it was just a use rules violation, parents may or may not be called (my district does) but it ends there. If something else is the cause (an accusation of cyber-bullying, for instance) then it would start the same way (detention and confiscation) but move immediately to parental contact and (possibly) law enforcement involvement as well. Once it goes to that point, it is leaves the hands of the school and is turned over to either the parents (if no illegal activity is suspected, but only serious rules violations) or law enforcement (if illegal activity is suspected.)

        As for the "stomp on her electronics" idea, I'd certainly allow her to do so in lieu of confiscation, but I doubt you'd be so happy with the result. It's all the same to me and to most teachers (it's not our money she'd be throwing away) and the end result would be the same: the cell phone would no longer be disrupting class, which was the goal all along. Since we don't search in any case, she'd have protected exactly nothing.

        Conservito delenda est pro is deleo orbis terrarum!

        by Stwriley on Fri Sep 10, 2010 at 12:51:54 PM PDT

        [ Parent ]

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