Is this legal?

[CoolioG]

My sister always comes home saying that the "stupid" teachers "stole" her phone. I then ask her what she was doing when it was taken and she replies "Texting in class". I know what my sister is doing is wrong and texting in class is a major disruption to classroom procedures but is it legal for them to take my sister's phone without her parents consent and keep her phone till the next Monday?

 

[SIW2]

Dunno about the legality - seems a sensible "punishment" to me.

 

[hattrik21]

Dunno about the legality - seems a sensible "punishment" to me.

I agree. School is for learning, not texting your friends.

 

[Zoloft]

Been pretty standard practice in schools for decades, if you are using something in class you are not supposed to be using, the teachers confiscate it. If your sister is dumb enough to keep doing it, well, school is really where she needs to be.

 

[surfasb]

My sister always comes home saying that the "stupid" teachers "stole" her phone. I then ask her what she was doing when it was taken and she replies "Texting in class". I know what my sister is doing is wrong and texting in class is a major disruption to classroom procedures but is it legal for them to take my sister's phone without her parents consent and keep her phone till the next Monday?

You have the right to refuse to give up the phone. Of course the school also has the right to send you home at that point.

 

[rscalzo]

They probably won't let her text when she is at the pinnacle of her employment career making fries at the local McDonald's.

She might try actually attending the class and leaning something. That way she may have a shot at earning a living and not just collecting unemployment while complaining the government has screwed up the economy and she can't find any job paying more than the minimum wage. Or course she will be competing with her friends for that same dead end job because they too didn't bother to get an education and are illiterate.

The teacher actually appears to be doing their job and doing it well.

 

[CoolioG]

You have the right to refuse to give up the phone. Of course the school also has the right to send you home at that point.

I completely agree with you. School is for learning not txting friends, that can be saved for later times. But, that does show how technology has made things difficult or easier for different people such as teachers. A rule at my high school is that you can have them, but they don't want to see them unless its lunch or when people are boarding the bus.

EDIT: rscalzo, you'd think with only 1 post under your name (at the time of your first post on this thread), you would focus on posting in thread that matters.

Welcome to teh forums, rscalzo! Don't forget to fill out your system specs.

 

[Bare Foot Kid]

Hello rscalzo, welcome to Seven Forums; well said!

 

[jfar]

Hello rscalzo, welcome to Seven Forums; well said!

+1,me.

 

[Gornot]

They probably won't let her text when she is at the pinnacle of her employment career making fries at the local McDonald's.

She might try actually attending the class and leaning something. That way she may have a shot at earning a living and not just collecting unemployment while complaining the government has screwed up the economy and she can't find any job paying more than the minimum wage. Or course she will be competing with her friends for that same dead end job because they too didn't bother to get an education and are illiterate.

The teacher actually appears to be doing their job and doing it well.

I completely agree, BUT a teacher has no right to take someone's phone and keep it after his/hers class is over.

...keep her phone till the next Monday?

You mean, the teacher kept it over the weekend or something?

 

[whs]

Unbelievable in what world we live now. And those kids shall be the future of the country?

 

[Tawa]

Do they have the right to keep her phone? Of course not.

Go beat that teacher up, and then the only right you will have is the right to remain silent, and everything you say will be used against you in the court.

Or they can be kind to you, then the only right you will know is: "right this way...", kicked out of school.

Man I miss those days.

Nah I'm just kidding, I was peaceful in my school years. And btw, consult the School Constitution, you will know your answer, you can't get it from here.

 

[NinaJay]

They probably won't let her text when she is at the pinnacle of her employment career making fries at the local McDonald's.

Whilst I agree with your sentiments rscalzo that was a little mean

I am not sure of the legalities either but it is common practice in Australian schools. I agree with taking a phone for an entire school day but keeping it over the weekend is not appropriate considering most parents give phones to their kids (initially) for safety. I'd not be happy if my child needed it on the way home from school and it was sitting in a teacher's desk drawer. In saying that though, I would hope my child would have enough respect for their teacher and themselves not to text in class.

 

[jay817]

My school was the same kept till end of the day didn't bother me though as I was there to learn

 

[Qdos]

I would have thought the phone belongs in a locker during lessons...

 

[pparks1]

Have to check and see what the school rules say. If it's clearly been posted and students made aware than I don't see any issue. Phones should remain in lockers. In the event a parent needs to get ahold of their child they can call the office and have the student paged just like in the old days. It's not only the disruptions, but these smartphones today can also be used for cheating, recording, etc. It's very easy to see why the school cracks down on them.

 

[Frostmourne]

Take my phone? I'd whack the teacher over the head with a chair before said teacher could. My property - although I would never use it in class - you are there for a reason.

 

[CoolioG]

But.. yeah... if the phone gets taken on a Tuesday, she can only get it back next Monday after school. But, I save my texting for after school unless it's urgent and i'm trying to find a ride to somewhere.

 

[NinaJay]

But.. yeah... if the phone gets taken on a Tuesday, she can only get it back next Monday after school. But, I save my texting for after school unless it's urgent and i'm trying to find a ride to somewhere.

Well to me that isn't fair and if I were your parents I'd be p*ssed. Too bad if your sister gets caught out one day without a means to contact you or your parents easily. If she is a repeat offender, I understand why the teacher might be getting annoyed but still not a justification for taking a mobile phone away for a week. JMO

 

[Zidane24]

But.. yeah... if the phone gets taken on a Tuesday, she can only get it back next Monday after school. But, I save my texting for after school unless it's urgent and i'm trying to find a ride to somewhere.

Well to me that isn't fair and if I were your parents I'd be p*ssed. Too bad if your sister gets caught out one day without a means to contact you or your parents easily. If she is a repeat offender, I understand why the teacher might be getting annoyed but still not a justification for taking a mobile phone away for a week. JMO

Iy may be justifible if it was in the rules of the school

Get a copy of the Cell Phone Policy at the school and review it...if it indeed says the punishment your sister received was correct than tell her to stop texting in class...simple

You guys think you have it bad? My HS (before I graduated) had a no cell phone rule on the entire campus (faculty and staff included)...caught once? Phone gone for a week...caught twice? ISS and Phone gone a month? Caught AGAIN? OSS for a week and Phone gone for another month. If you went to school there you agreed to the rules...we were also searched at the beginning of school and violations were handed out for phones found

Like pparks said...at school the only time a phone is necessary is for an emergency...go to the office and use it