Cell phone School policy

[bobdole369]

Avafreak -

Schools are special. As far as the law goes - just about anything goes. As long as you are not being discriminated against illegally (that is via protected characteristics) - A school has a right to search you, your person, your effects, and confiscate anything that they deem disruptive, detrimental, dangerous, inappropriate, or anything at all like that.

Example that was just decided in the states courts - now going before the supreme court - 13 yr old girl strip searched at school - they discovered Ibuprofen (yes, Advil - legal and that anybody can buy) - in violation of the schools policy. They applied standard punishment tactics. Of course the girl flipped, parents sued, and as of right now it has set the precedent that this is not illegal, and that students do not have the right to privacy which would prevent such a search. The school doesn't need to prove anything and doesn't need to suspect the individual of anything either. It's a very bad precedent and I hope our supreme court fixes that. The state court decided to go along with certain other cases, which involve random drug tests and locker searches.

http://www.cnn.com/2009/CRIME/01/16/teen.strip.search/

So my short answer to you: Yes. They can take your phone, your SIM, it's case, the charger, your socks, your shoes, shirt, pants, belt, buckle, hat, earrings, necklace, and apparently your friggin drawers. It doesn't matter what the "official policy" is - or what your constitutional rights are anyways. Sure you could sue after the fact, but what the fuck are you gonna do, say no and run away? Proclaiming your rights will get you nowhere IN THE MOMENT. As you found out, it doesn't matter what anybody says. A magic fairy isn't going to pop out and say "Holy shit son these fuckers are violating your rights! You BAD school administrator STOP!"

Avafreak182 - "NO! You can't take my SIM card, your policy says you can take the phone"
Admin - "Give me everything related to the phone. Including the SIM"
Avafreak182 - "NO!"
Admin - Calls the cops who physically restrain ava and take the phone forcefully. Ava receives a 10 day suspension for insubordination.


Your only recourse is either with law enforcement after the fact - in which case they aren't likely to help - stupid kid crying and wants his phone, or via the court system.

 

[bobdole369]

Are you sure school could refuse to give phone back to parent if he/she demanded it back? After all it's parent property and i am sure parent could raise hell if school told him/her No.

Sure they could raise hell, but in the end - it's up to the courts to decide. I have a feeling though that if a parent wanted the property - the administrators would cough it up. It's that or get sued. Schools don't have much money to fight that silly stuff.

If they want to take it and give it back to you at the end of the year they could do that if the put it in the student handbook.

They could do that without putting it in the student handbook. It only has to be "reasonable" to be acceptable. i.e. if the internal non-published policy was to take it away for the day and you could retrieve it after class, that sounds reasonable.

Busting the shit with a hammer is never reasonable. I doubt that would fly.

 

[soulcougher73]

Originally posted by: dbk
yeah dude...just lock it.

You can't have the phones at all? Even on vibrate? What if there's an emergency?

Its called your parents call the school and they come get you. I know it seems archaic, but it surprisingly works

 

[SpunkyJones]

Originally posted by: AVAFREAK182
Anyone with an actual answer to my question or is it all shouldas?

They can do what they want, they own you. Next time you screw up just lock the dam phone.

 

[jlee]

Originally posted by: 911paramedic
"What? You're impounding my car?"
"Well hang on while I remove the gas, that's not part of the car. Oh, and the battery too..."

And the dope in the glove box..

 

[bobdole369]

Next time you screw up just lock the dam phone.

And hope the admin doesn't bring you to the office so they can have you unlock it to search the phone and read every text, listen to your voice mail, look at your pictures, etc.

 

[JTsyo]

Originally posted by: bobdole369

Next time you screw up just lock the dam phone.

And hope the admin doesn't bring you to the office so they can have you unlock it to search the phone and read every text, listen to your voice mail, look at your pictures, etc.

I read somewhere recently (maybe even a topic here) where they took away someone's phone. Found pictures send to it from another student's phone of her nude and she was charged with creating child porn.

 

[looker001]

Originally posted by: bobdole369
Avafreak -

Schools are special. As far as the law goes - just about anything goes. As long as you are not being discriminated against illegally (that is via protected characteristics) - A school has a right to search you, your person, your effects, and confiscate anything that they deem disruptive, detrimental, dangerous, inappropriate, or anything at all like that.

Example that was just decided in the states courts - now going before the supreme court - 13 yr old girl strip searched at school - they discovered Ibuprofen (yes, Advil - legal and that anybody can buy) - in violation of the schools policy. They applied standard punishment tactics. Of course the girl flipped, parents sued, and as of right now it has set the precedent that this is not illegal, and that students do not have the right to privacy which would prevent such a search. The school doesn't need to prove anything and doesn't need to suspect the individual of anything either. It's a very bad precedent and I hope our supreme court fixes that. The state court decided to go along with certain other cases, which involve random drug tests and locker searches.

http://www.cnn.com/2009/CRIME/01/16/teen.strip.search/

So my short answer to you: Yes. They can take your phone, your SIM, it's case, the charger, your socks, your shoes, shirt, pants, belt, buckle, hat, earrings, necklace, and apparently your friggin drawers. It doesn't matter what the "official policy" is - or what your constitutional rights are anyways. Sure you could sue after the fact, but what the fuck are you gonna do, say no and run away? Proclaiming your rights will get you nowhere IN THE MOMENT. As you found out, it doesn't matter what anybody says. A magic fairy isn't going to pop out and say "Holy shit son these fuckers are violating your rights! You BAD school administrator STOP!"

Avafreak182 - "NO! You can't take my SIM card, your policy says you can take the phone"
Admin - "Give me everything related to the phone. Including the SIM"
Avafreak182 - "NO!"
Admin - Calls the cops who physically restrain ava and take the phone forcefully. Ava receives a 10 day suspension for insubordination.


Your only recourse is either with law enforcement after the fact - in which case they aren't likely to help - stupid kid crying and wants his phone, or via the court system.

What you link says totally the opposite, "Appeals courts have found search was excessive, humiliating"

 

[nakedfrog]

Originally posted by: Jeff7
And stop pissing away money on texts. It's pathetic how much money they cost, and just as much so that people are willing to pay high rates for strings of trite little messages.

Does anyone know the bitrate of an cellphone voice call?
I'd be willing to bet that the per-byte cost to the consumer of a text message is at least an order of magnitude higher than that for a voice call.

Why look at this, I'm typing up a message right here, comprised largely of text. I pay $30/month for my Internet service (7Mbps now, 1.5Mbps in about 4 months). Per byte, it's incredibly cheap. This post cost me far less than a cent to send out over the Internet, and it has a lot more data in it than a simple "HEY THERE LOL" text message.

I want to say ~4kbps
And consider that a couple years ago, a text sent/received on Verizon was ten cents.
Now it's twenty. We know full well the actual cost to send/receive a text didn't go up.

 

[Capt Caveman]

Originally posted by: looker001
Surprised no one have said this, have your parents walk in to the principal office tomorrow and demand that the teacher be fired for taking your phone(your property away from you)...i am sure this will answer and resolve your problem. I got no clue if you have give the teacher the sim card, but there is one way to find out which is to try it out and let us know.

:laugh: Holy shit, you are retarded.

OP - leave your phone off when you're in school

 

[imported_Imp]

Sounds reasonable taking out the SIM. If they are anal about that, ask if you can rip out the battery.

Meh, just stop using it infront of the teacher and you wouldn't have a problem in the first place.

 

[MrPickins]

Has anyone mentioned that you should stop using your phone in class?

I would have taken the sim out and gone to the office for it personally. They can have my phone, but I'd still expect some right to privacy.

 

[ChAoTiCpInOy]

You have no rights in school. The only reason they would be taking away your cell phone is if you were caught using it in class. Stop using it in class = problem solved.

 

[MrPickins]

Originally posted by: ChAoTiCpInOy
You have no rights in school. The only reason they would be taking away your cell phone is if you were caught using it in class. Stop using it in class = problem solved.

Not true. Some rights are suspended, but to say that the student has no rights is silly.

 

[DisgruntledVirus]

OP.... You fail.

If you're going to text in HS, at least do better hiding it.

Back in my day..... we had cell phones, but I didn't text... instead my friends and I all had laptops and used the schools unsecured wifi to surf the net all day. I had a proxy and VNC setup on my home rig, so I spent most of my day dl'in/looking at porn using the schools network (through the proxy to my home system). Limewire wasn't blocked so didn't even use a proxy for that.

I did nothing senior year because of my tablet pc.... I love that thing...

 

[Insomniator]

Who gives a shit if he was texting or using his phone in school. Its completely ridiculous that they can take it away. God am I glad I'm not in HS anymore.

And OP you are screwed, well, for the day.

 

[spaceman]

there is usually a policy spelled out in the student handbook you received
did you read it?

 

[jtvang125]

Unless they're new text messages that just came in and you haven't read them yet, how does one know when someone has gone through your text messages?

 

[spaceman]

Originally posted by: Insomniator
Who gives a shit if he was texting or using his phone in school. Its completely ridiculous that they can take it away. God am I glad I'm not in HS anymore.

And OP you are screwed, well, for the day.

ridiculous?

 

[spidey07]

Reminds me when I had my Sony Walkman taken away in high school. I demanded I at least have the tape out of it, but no go. I got the walkman back at the end of the semester.

Never took another walkman to school again. OP - this is called a lesson, you should learn it.

 

[Linflas]

Originally posted by: spaceman

Originally posted by: Insomniator
Who gives a shit if he was texting or using his phone in school. Its completely ridiculous that they can take it away. God am I glad I'm not in HS anymore.

And OP you are screwed, well, for the day.

ridiculous?

This is the idiot that will be bitching about public education when his kid learns nothing because of all the classroom time that is wasted dealing with distractions like some punk using a cell phone instead of paying attention to actual classwork.

 

[jersiq]

Originally posted by: nakedfrog

Originally posted by: Jeff7
And stop pissing away money on texts. It's pathetic how much money they cost, and just as much so that people are willing to pay high rates for strings of trite little messages.

Does anyone know the bitrate of an cellphone voice call?
I'd be willing to bet that the per-byte cost to the consumer of a text message is at least an order of magnitude higher than that for a voice call.

Why look at this, I'm typing up a message right here, comprised largely of text. I pay $30/month for my Internet service (7Mbps now, 1.5Mbps in about 4 months). Per byte, it's incredibly cheap. This post cost me far less than a cent to send out over the Internet, and it has a lot more data in it than a simple "HEY THERE LOL" text message.

I want to say ~4kbps
And consider that a couple years ago, a text sent/received on Verizon was ten cents.
Now it's twenty. We know full well the actual cost to send/receive a text didn't go up.

Why? Does telecommunications equipment grow on trees?

 

[Feldenak]

Originally posted by: dbk

You can't have the phones at all? Even on vibrate? What if there's an emergency?

Oh I don't know...maybe they could do what people have done for generations when needing to reach a child at school during a family emergency...call the fucking office?

 

[Chryso]

Originally posted by: jagec

Originally posted by: Jeff7

Originally posted by: Brainonska511
Why not just enable the security lock feature?

An even better idea: don't use your phone in class.

Stop with your reasonable ideas and let the poor little addict enjoy his crack habit.


And stop pissing away money on texts. It's pathetic how much money they cost, and just as much so that people are willing to pay high rates for strings of trite little messages.

Does anyone know the bitrate of an cellphone voice call?
I'd be willing to bet that the per-byte cost to the consumer of a text message is at least an order of magnitude higher than that for a voice call.

IF you pay for texts (free on my plan), they cost 4 times as much per byte as it costs to get data from the Hubble Space Telescope. But who pays for texts? That's dumb, unless you send like 3 a month.

But seriously, OP, stop using your phone in class.

And, as a person under the age of 18, you have almost no rights, and a very small right to privacy compared to adults. Your only hope is to have your parents come in and complain. Your voice means nothing, and carries no legal wait.

I'm not saying this to be a douche, I hated that powerless feeling too.

Parents who would complain that their kid had his phone taken away during school should lose custody of the kid.

 

[Insomniator]

Originally posted by: Linflas

Originally posted by: spaceman

Originally posted by: Insomniator
Who gives a shit if he was texting or using his phone in school. Its completely ridiculous that they can take it away. God am I glad I'm not in HS anymore.

And OP you are screwed, well, for the day.

ridiculous?

This is the idiot that will be bitching about public education when his kid learns nothing because of all the classroom time that is wasted dealing with distractions like some punk using a cell phone instead of paying attention to actual classwork.

I won't complain, I myself had a terrible public education. This had nothing to do with distractions in class however, how about teachers that didn't give a shit if a student used a graphing calculator to cheat his way to 100's in every math class? Maybe they are too busy complaining about how low their pay is.

Even with my shitty school, I managed to bullshit my way through it, and and get a 4 year degree from professors at Rutgers that weren't any better than my HS.

If a kid wants to text during class then thats his problem and does not have to be a distraction unless the teacher calls him up to the front and argues about taking his damn sim card. Leave the kid alone, its doubtful you are teaching anything useful anyway and even if you are, taking his phone away won't make him pay attention.