Is this legal?

Lordbob75 · 14 Jan 2010

Zidane, that is pretty damn strict. I don't agree with that harsh of a system, as a lot of phones are there for safety reasons (not in my neighborhood though).

However at the OP, it is perfectly legal. If the school policy states that those are the phone rules, then by going to school there and bringing your phone you agree to them. If you try to sue the school for that, you will lose.
I fully support that school policy, and if your sister is a repeat offender, the school should confiscate it for the day, and call the parents to have them pick up the phone (and sign for it) that day after school. I would also support that they keep it for a week (for repeat offenses) and have parents pick it up at the end of the week (friday after school). If they do not pick it up by say, 5 pm that friday, then the school will not keep the phone, and bins it.

Harsh? Perhaps, but by bringing a phone to school, you AGREE with ALL of the school rules laid down about it. Best idea is to bring a phone, either leave it OFF or on silent (and DON'T USE IT) during school.

~Lordbob

Zidane24 · 14 Jan 2010

Lordbob75 said:

Zidane, that is pretty damn strict. I don't agree with that harsh of a system, as a lot of phones are there for safety reasons (not in my neighborhood though).

However at the OP, it is perfectly legal. If the school policy states that those are the phone rules, then by going to school there and bringing your phone you agree to them. If you try to sue the school for that, you will lose.
I fully support that school policy, and if your sister is a repeat offender, the school should confiscate it for the day, and call the parents to have them pick up the phone (and sign for it) that day after school. I would also support that they keep it for a week (for repeat offenses) and have parents pick it up at the end of the week (friday after school). If they do not pick it up by say, 5 pm that friday, then the school will not keep the phone, and bins it.

Harsh? Perhaps, but by bringing a phone to school, you AGREE with ALL of the school rules laid down about it. Best idea is to bring a phone, either leave it OFF or on silent (and DON'T USE IT) during school.

~Lordbob

It may have been strict but it has proven to pay off dividends...like I said the office phone system is available at anytime and emergencies can be taken care off at this point

It is miraculous how much better students do without all those distractions (as the school statistics prove)

Lordbob75 · 14 Jan 2010

Zidane24 said:

Lordbob75 said:

Zidane, that is pretty damn strict. I don't agree with that harsh of a system, as a lot of phones are there for safety reasons (not in my neighborhood though).

However at the OP, it is perfectly legal. If the school policy states that those are the phone rules, then by going to school there and bringing your phone you agree to them. If you try to sue the school for that, you will lose.
I fully support that school policy, and if your sister is a repeat offender, the school should confiscate it for the day, and call the parents to have them pick up the phone (and sign for it) that day after school. I would also support that they keep it for a week (for repeat offenses) and have parents pick it up at the end of the week (friday after school). If they do not pick it up by say, 5 pm that friday, then the school will not keep the phone, and bins it.

Harsh? Perhaps, but by bringing a phone to school, you AGREE with ALL of the school rules laid down about it. Best idea is to bring a phone, either leave it OFF or on silent (and DON'T USE IT) during school.

~Lordbob

It may have been strict but it has proven to pay off dividends...like I said the office phone system is available at anytime and emergencies can be taken care off at this point

It is miraculous how much better students do without all those distractions (as the school statistics prove)

Oh, I completely agree. I do keep my phone on at school (on vibrate), but I actually pay attention in class.

At least I don't come to school drunk....

~Lordbob

NinaJay · 14 Jan 2010

At least I don't come to school drunk....

Aaah, those were the days...

j/k

jimmyboo · 14 Jan 2010

If the contract is in the parents name. Then they have a right to take it away from the student, but they must return it to the parents they can not keep it from the parents until the next monday. They have no right to keep their property. But they do have the right to forbid them to allow her to bring it on school grounds.

Lordbob75 · 14 Jan 2010

jimmyboo said:

If the contract is in the parents name. Then they have a right to take it away from the student, but they must return it to the parents they can not keep it from the parents until the next monday. They have no right to keep their property. But they do have the right to forbid them to allow her to bring it on school grounds.

If it is on school property, and the school have told the parents about the rules (aka, signing their rule sheet at the beginning of the school year), then its legal.

Its like an EULA, by buying and using this software, you agree not to pirate / misuse it. By texting in class, you are breaking the EULA, and the school can remove it from you.

~Lordbob

jimmyboo · 15 Jan 2010

Lordbob75 said:

jimmyboo said:

If the contract is in the parents name. Then they have a right to take it away from the student, but they must return it to the parents they can not keep it from the parents until the next monday. They have no right to keep their property. But they do have the right to forbid them to allow her to bring it on school grounds.

If it is on school property, and the school have told the parents about the rules (aka, signing their rule sheet at the beginning of the school year), then its legal.

Its like an EULA, by buying and using this software, you agree not to pirate / misuse it. By texting in class, you are breaking the EULA, and the school can remove it from you.

~Lordbob

It would have to be directly spelled out in the rule book. Which in my area is not. Also depending on the type of school and area most parents don't have to sign any school agreement every new year. So if changes in policy have taken place most parents are unaware of this and should be informed thus that is why i stated earlier "the school can forbid the parents to allow it" From the time informed and then they agreed to the rules. Then yes they would have a right to take it for the week. But more then likely the rules would turn to the direction to other means of punishment such as In school expulsion or, out of school expulsion for a few days after repeated cases and parents informed.

UrbanBounca · 15 Jan 2010

They most definately have the right to initially take it, and they can keep it from the student. However, they must return it to the parents, but it's at the will of the parents. In other words, don't expect the school to go out of their way to return the phone.

valtonray · 15 Jan 2010

are you kidding i used to take phone calss in class, i'd just step out of the room. while i don't think it's actually illegal for them to take her phone and the school probably has a student policy against cell phone use during school hours most schools will allow the student or a parent to pick the phone up at the end of the day, keeping it for the weekend is unreasonable. in some areas you don't have this problem, where i grew up those of us that did have phones(i graduated in 01, cell phones were just becoming an everyday item and lots of teens didn't have one.) could use them as long as ringers were left off and it was an important matter of course the right to have it on campus at that time had to be cleared by the office. my parents both traveld a lot frequently on very short notice and it was important for my parents to be able to contact me if they had to leave. i doubt this is your sisters situation though she is probably texting friends who are also in class, thats just being irresponsible and disrespectful.

Pieloi · 15 Jan 2010

My old school was very lenient..All you had to do is just keep it low profile. Very low profile, and be a good little boy.

Caught using it the teacher would warn you to put it away.

Continued use or blatently disruptive use would let the teacher confiscate this item, then hand it into the office to be stored, or just hold it onto his desk til the end of the lesson. (thus the role of refusal to submit the device leads to you being sent home/further consequences)

Stored at the office is a pretty bad situation, you either wait until the TERM ends which could be 2-3 months or so, or have a parent or guardian come in to procure the item back to the learner, but other than that its usually just an "End of the day" kind of thing.

In college, well, we just don't care, but the mentor/teacher will shout at your being a ...Disruptive, person.
ipods and MP3 devices and the like are also classified as against school rules (College really don't care about this one unless a teacher is talking to you), although being in the higher years of the school means teachers wouldn't care as much, only certain ones...Old ones...

Regularly you'll find, its in the "School rules" or such. And there will be warnings of confiscation, and possibly notification to parents or guardians, Dunno about whether its actually illegal to "take" someones phone, I guess its only illegal if there is no possible/rational way of returning it.