Student Rights at School

Do students have a right to cell phone privacy while at school?

10.17.07 | 32 Comments

 

In May, 2007 a school security officer at Monarch High School in Colorado saw a 16-year-old sophomore smoking in the school parking lot. He took the student to the assistant principal’s office where his cell phone was taken. His messages were read and some were transcribed and put into his student file. About a dozen other students had their cell phones confiscated and messages transcribed. In at least one case, the school official posed as the student and sent messages from the phone.

The students and their parents challenged the actions of the school. They claim that without any suspicion of criminal activity the students’ right to privacy was violated. They further claim that seizing the cell phones was unreasonable under the Fourth Amendment.

Photo by Blyzz

 The case was settled in April, 2008. The Boulder Valley School District agreed to limit their searches of text messages and get permission from the student or a parent before checking any messages. If a school administrator believes the text messages pose an imminent threat to public safety, they can check them without permission.

This is a scenario that has yet to reach the courts. However due to the widespread use of cell phones on and off campus, questions regarding a student’s privacy rights will remain in the forefront of education issues. Find our more about your rights concerning search and seizure at school.

Find out more about cell phone and text privacy issues and what Kobe Bryant, David Beckham and Monarch High School have in common.

On the lighter side, in April, 2007, 13-year-old Morgan Pozgar won the LG National Texting Championship in New York City by texting a 151-character phrase beginning with “supercalifragilisticexpialidoucious?” in 42 seconds. First place included a $25,000.00 prize.  In July, 2008, the winner was 20-year-old Nathan Schwartz of Ohio who took home the grand prize of $50,000. The 2009 winner of the competition was 15-year-old Kate Moore from Des Moines, Iowa. She also reeived $50,000 and a new LG phone.

Winner Morgan Pozgar (2007)
Morgan Pozgar
Photo by AFT/Getty Images

 

In January, 2010, a team from South Korea won the LG Mobile World Cup held in New York City. 17-year-old Bae Yeong-ho and 18-year-old Ha Mok-min went thumb to thumb against competitors from a dozen countries, and took home the $100,000 prize. The finalists were chosen from 200,000 who participated in a global text-off that started in May, 2009. Second place went to the U.S. team of 16-year-old Kate Moore of Iowa, the 2009 U.S. Texting Champion, and 14-year-old Morgan Dynda of Georgia. They shared a $20,000 prize.

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32 Comments subscribe to these comments.

  • jocelyn Sat, 03 Oct 2009 at 03:20

    if i get my phone taken away at school for texting are they allowed to go threw my phone?

    do i have the right to not give them my phone if they ask for it?

    because i have gotten my cell phone taken away for txting and they went threw my phone and looked at all my contacts my pictures watched my videos and read my messages are they allowed to do that stuff?
    Judge Tom’s response:
    That’s a great question that many students, parents and teachers are wondering about. Most schools have policies concerning the use of cell phones on campus and during class. If you violate the rules, school officials can take your cell phone and hold onto it until the end of the day. If school officials believe your cell phone contains text messages that present an imminent threat to public safety, they can can check the messages without permission. Otherwise, they typically need permission from you or your parents to go through your phone.

  • ryan charles Fri, 30 Oct 2009 at 04:01

    can they search my phone if it is taken away?
    Judge Tom’s response;
    That’s a good question, Ryan. It’s one being asked around the country these days. Each state deals with this issue following it’s own laws and the rules/policies of the school district. Generally, if there’s a reasonable suspicion that you’ve broken or are about to break a school rule or the law, they may search your phone. Depending on the circumstances, the police may need a search warrant to conduct a search. You might find specific information by Googling “cell phone search” and your state’s name. Good luck.

  • Connie Sun, 01 Nov 2009 at 09:16

    Ok in my American History class i brought up this subject on the 4th Amendment and the cell phone issue. Well we read cases from 1985 and stuff. What i would like to kno is that if they said at the begining of school that if they took up your phone that they would turn it off. But now they wont let us turn them off they will take it up and go through it. Is it right for them to do that and do you believe that if the student breaks the rule once that the administrator has the right to go through the phone again.
    Judge Tom’s response:
    This is an area of the law that is fairly new and being debated across the country. The case you mention is probably “T.L.O. v. New Jersey,” a search and seizure case that allows administrators to conduct searches at school under certain circumstances. Now, school districts are creating policies about cell phones when taken from students. Some have agreed to read student’s messages only when there is a reasonable suspicion that a rule or law has been or will be broken, or in the case of danger or harm to anyone on campus. Check your Code of Conduct or Student Handbook to see if cell phones are mentioned. All the best.

  • MoniB Thu, 05 Nov 2009 at 05:12

    My daughter was using someone elses phone at school and was caught texting so they consficated the phone. I was called and told in order for the other student to get the phone back. My daughter gave them the phone but took out the battery so they could not look on the phone. The person who lent her the phone had some private photo’s on it.
    I went to the school and they would not release the phone to me. I was fine with that they shouldn’t it wasn’t mine however they would not release it to the student either until we gave them the battery. They said there was a ring of students steasling phones and they needed to see if the phone was stole before they would release it. When my daughter told then she would give them the battery if that was the oly way to get it back becasue she knows the phone is not stolen but they were not allowed to look at the pictures. The administrator said she would have to look to help confirm the phone was stolen or not. I understand my daughter’s concern for her friend and I feel like looking at photo’s with out the consent of the owner of the phone is not right or text messages, If they need to see if the phone is stolen look at the serial number then. I feel that is private and that the Administrators were crossing a line.
    Judge Tom’s response:
    Whether they crossed the line or not depends on the school district’s policy regarding confiscated cell phones and the state laws that may exist on this subject. There are rules regarding search and seizure of mobile phones. This is a developing area of the law – both schools and law enforcement are seeing more of these situations.

  • Dana Richter Tue, 17 Nov 2009 at 02:57

    okay i get the fact that some schools look throught the phone txting but seriously why would they go through your personal pictures and videos?????
    Judge Tom’s response:
    Hopefully, only for evidence of criminal activity if they initially have reasonable suspicion of such, or that a school rule has been violated.

  • Ceiran Crihfield Thu, 17 Dec 2009 at 03:53

    In legal terms do the schools have the authority to forcibly take your phone away for a year from you? It sounds like stealing to me.
    Dear Ceiran: School districts around the country are wrestling with how to deal with the issue of cell phones on campus. What they can and can’t do with confiscated phones is determined by individual district rules and regulations. Up to this point there have been few court cases on the subject and most have been settled by agreement between the parties. For example, the Boulder, Colorado School District has agreed not to read any messages on confiscated phones unless they have reason to believe that a crime has or will be committed, or a school rule broken. How long a school may keep a phone is up to the individual school and district policy. A year seems a bit harsh, but the circumstances have to be considered and whether students have notice of the policy. Good luck.
    [This is information only - not legal advice].

  • Emily Tue, 22 Dec 2009 at 07:05

    I got my phone take away during school today for texting. My principal told me to pick it up in the office at the end of the day. About 10 minutes later she comes back and motions for my friend to go out of the classroom. When my friend came back, she had gotten her phone taken away also. The only way my principal would have known that my friend and I were texting is if she read my messages. Is she allowed to do that? I know that they have a right to do that without permission if there is suspicion that i am doing something illegal, and they had no reason to think that. I beleive that students have a right to their privacy, and if a phone is confiscated, they should be allowed to turn it off before giving it to administrators.
    Dear Emily: You’re right about needing suspicion about breaking a rule at school or a law before searching your phone. That’s the latest development in the law in some states. You’ll have to look at both your school district’s policy regarding confiscation of phones and reading messages, as well as local law about searches and students. Good luck.
    [This is information only - not legal advice].

  • jack Mon, 11 Jan 2010 at 06:29

    I had my phone taken away during class, My phone was in my back pocket and when i sat down it turned on. the teacher took it and according to school handbook I would be given the device back at the end of the school day. I proceeded to my school office and was told the principle had taken it and he was in a meeting so I wouldn’t be able to receive it till the next day(Tomorrow) Is that legal?
    Dear Jack: You can’t expect the principal or any other school official to be waiting for you to come for your phone. Because you couldn’t pick it up the same day doesn’t mean a law or district policy has been broken. All the best.
    [This is information only - not legal advice].

  • jack Mon, 11 Jan 2010 at 07:55

    I’m sorry but i dont understand your answer. I came after school to pick it up, right after school in fact, he had left a while before.
    Dear Jack: We’re recomending that you be patient and pick it up tomorrow. Principals and other school officials have full days with a lot of responsibility. They can’t always interrupt their schedules to attend to every incident on campus.
    [This is information only - not legal advice].

  • April-Ann Mon, 18 Jan 2010 at 03:08

    um i didnt get my phone taken cuz’ of texting. these boys saw my friend pick up a dollar. Just a DOLLAR. and they ran to the girl and tell her to give it back. and she said no. so they saw my phone which they mistaken for hers and their u go GONE. the senior mistress took it. She looked at all my photos. and held it against. please PLEASE how do i get my phone back???
    Dear April-Ann: We suggest you advise your parents or guardian of this incident so they can discuss it with the school. Check the school’s student handbook or code of conduct to see if there is a policy about cell phones on campus. Good luck.
    [This is information only - not legal advice].

  • Daniel Gov Sun, 24 Jan 2010 at 08:48

    My phone was taken a week and a half after I got it, working at my dad’s factory and I cannot get it back until the end of the school year (July). It is a $300 dollar phone, and I had it taken away once before. Nowhere in the school handbook which I signed said that phones were allowed to be taken for the whole year. The definition of stealing is taking something from the owner without the rightful permission of the owner. I am said owner, and the vice principal took it from me for the year without permission. Is this legal?
    Dear Daniel: Whether it’s legal or not depends on the specific laws in your state regarding school authority and discipline measures. You have to look to the school’s policies and school district rules. Maybe you and your parents should ask to meet with school officials to discuss this and come to a resolution. Since this was the second time you had your phone taken, this could be a valid consequence under the rules of the school. Good luck.
    [This is information only - not legal advice].

  • Jamie Fri, 29 Jan 2010 at 04:34

    Here is my question: our school has a policy on cell phone use. Cell phones are allowed in school, but they must be turned off. If you are caught texting during school hours the first time, it will be confiscated and you can get it back at the end of the day; the second time, if your parent picks it up; the third time, you get it back at the end of the year.
    My question is: according to the 5th amendment, a person cannot be deprived of their property “without the due process of law”. The constitution is the supreme law of the land, and therefore must be above the school rules.
    Since the school rule, by taking the cell phone for the remainder of the school year, is violating the due process of law, it therefore must mean that the school rule is unconstitutional and cannot be enforced.
    Is this argument valid? What would you say to it?
    Dear Jamie: “Due process” means the right to notice in advance and the right to be heard. In this case the school has already put you on notice by including in the code of conduct the rules regarding cell phones at school. You know the consequences if the rule is violated. The policy also advises you of the process to follow if you disagree with the action taken by the school – such as requesting a meeting with the principal, school board or School District representative. This is your right to be heard. Consequently, “due process” has been followed. All the best.
    [This is information only - not legal advice].

  • Vanessa H. Mon, 01 Feb 2010 at 06:44

    Hello, first of all I want to say, thank you for hosting this site and taking the time to answer teens questions. I think this is an excellent resource for students. I’m having a problem with my daughter’s school and her cell phone. The district policy is that if students are caught with their cell phones the first time it is confiscated for 30 days. I think this is a bit harsh because the parent isn’t even called or advised in writing of the situation. The parent still has to pay a month of service for a phone that isn’t being used. I’ve read other schools have a day or two week first offense punishment, but I think a month for a first offense is ridiculous. I was told I should get my daughter a replacement phone. Why should I incur any extra expenses?
    My daughter’s biological father pays for the phone to keep in contact with my daughter and now she can’t speak to him for a month. Isn’t that violating some law?
    I would like to do something to get this policy changed, but I have no idea where to begin. Any information you can provide me with would be greatly appreciated.
    Dear Ms. H.: We’re glad you like our site. The first place to start is with the School District. Write them or request a meeting where you can explain the situation regarding the additional costs and contact with your daughter’s father. These may be issues that weren’t considered when the policy was adopted by the school district. We don’t provide legal interpretations or advice. You could check with a lawyer in your area who is familiar with school law. Good luck.
    [This is information only - not legal advice].

  • justin Tue, 09 Feb 2010 at 04:08

    i was in photography class and i received a text message from a friend.suddenly my teacher stood up and told me to to stop texting people during class and that was when i figured out that he had somehow hacked my phone or something and he was able to see all my text messages on his computer.he then proceeded to show my messages to other students,all without my permission.is this legal?it sounds to me like the digital equivalent of going through my mailbox,which is a federal offense.i would like to know if i have any legal ground to stand on in saying this is a violation of my right to privacy.please respond quickly!
    Dear Justin: This issue of cell phone privacy by students and employees is a new and developing area of the law. In your situation, take a look at your student code of conduct. It may be in the Student Handbook and see if there are policies in place about cell phone use at school and the consequences for violations. Many schools have AUPs which are Acceptable Use Policies covering computer and cell phone usage at school. Discuss this situation with your parents. They may want to request a meeting with the principal, teacher and school board over this incident to see how it can be resolved. There may be another explanation of the teacher’s actions rather than assuming that he “hacked” your phone. Good luck.
    [This is information only - not legal advice].

  • jhon Tue, 23 Feb 2010 at 09:15

    i got my phone taken away in school for someone sending me a sexual photo can they keep your phone if they found out who sended the photo of the girl and the principal toke the kids that haded but they deleted the picture ,and they only toke my phone cause i had it and they just sended it to me , and can they keep my phone ?
    Dear Jhon: You have to read your school’s code of conduct and see if there’s a rule regarding cell phones. Schools across America are wrestling with this issue which is a new area of the law. Some schools require the parents to come and pick it up. Others keep it until the end of the day and then return it to the student. Good luck.
    [This is information only - not legal advice].

  • dawn Tue, 02 Mar 2010 at 10:25

    heres a question for u. our school handbook does say that the school can take a phone from a student and read it if it looks like the phone was used to do something against school policy but can the adminstation use to phone to call and text people on the original phones contact list? It seems like that may be going to far doesn’t it if the admin is calling other students from the confiscated phone and texting like they r the actual kid?
    Dear Dawn: You raise a good point. What you’ve described may go too far when in possession of a student’s phone. However, it may also be allowed under certain circumstances such as an ongoing investigation into criminal activity or violation of a school rule. The totality of the circumstances has to betaken into consideration along with the laws of your state.
    [This is information only - not legal advice].

  • Tyler Wed, 03 Mar 2010 at 06:13

    I was in chemistry class and we were doing chemical equations and I did not have a calculator in order to do the presented questions and examples and learn the method correctly, though it was not for a grade it was to learn how to do such equations, therefore I used the calculator on my phone in order to do said questions and follow what the teacher had been saying, I slipped my phone into my pocket before the teacher got around to me and then walked past me then pulled the phone from my pocket, I told him the truth that I was not texting and was using the calculator do the problems on the board, they probably checked my messages to make sure I wasn’t lying but I’m not concerned about that because there was nothing wrong there, I thought my phone was going to be taken for only the rest of the day as I had no prior offenses on cell phones, my school has an ‘off and in locker’ policy on cell phones, and yes I violated this rule the same as everyone else does but I was using it to further my education and to assist in learning as I would’ve never learned the method without it, my phone was taken for the rest of the school year, which is until June 2nd, Is this wrong because I was using my phone to assist in the process of education which is the schools primary purpose and by taking it they are taking away my opportunity for education. I also drive 30 miles a day to school and I need it in case of an emergency, once more,my parents can’t even get it back, Is this wrong and if so, how can I get my phone back?
    Dear Tyler: Unfortunately, you may be stuck with complying with the school’s rule regarding cell phones. Talk to your parents about what happened and see what they can do about this. They may be able to set up a meeting with the principal and/or school board to resolve this. Once you explain the situation to them, as you’ve described above, maybe reasonable minds can reach a resolution before the end of the semester. Good luck.
    [This is information only - not legal advice].

  • Tyler Wed, 03 Mar 2010 at 09:57

    I had forgotten to mention that my parents met with the principle today as the even happened yesterday and all acts of reasoning was futile and even a proposal to give me detention or a suspension was failed as the principal claims that they must follow the policy on cell phone abuse but how is it abuse or distracting to the learning process to myself or other students when my phone was being used to benefit the learning process, I would understand if I was texting or using my phone in another manner, but for using the calculator function, I understand the need to set examples and follow policy but under such circumstances, is retreiving my phone even possible?
    Dear Tyler: Many schools have a “zero tolerance” policy regarding cell phones on campus or in class, drugs and weapons. You apparently are in a school with such a policy and it’s up to the school to decide how to enforce the policy. Unless you decide to change schools, you’ll have to live with this hard-learned lesson.
    [This is information only - not legal advice].

  • Gina Thu, 04 Mar 2010 at 09:25

    Hi, Do san diego california high schools have the right to review all student electronic data from confiscated cell phones?

    I got a electronic device policy paper where it states “The administration reserves the right to review all text messages, photo images, video or other electonic data on all confiscated items”

    i believe this is violating the students privacy. What if they have naked pictures of themselfs on their phone? is the school allowed to go through that without a reason? without suspicion of public threat?
    Dear Gina: The law in this area is new and developing. Some schools have a zero tolerance policy regarding cell phones and confiscation may result in a search of the phone if there is reasonable suspicion that a school rule or a law has been broken. You have to look to your local laws and law enforcement policies regarding the legitimacy of any search. You could also consult with a local lawyer about this – one familiar with either school law or criminal laws. Good luck.
    [This is information only - not legal advice].

  • austin Fri, 05 Mar 2010 at 03:45

    why do teachers take away cell phones
    Dear Austin: Many schools have zero tolerance policies regarding weapons, drugs and now cell phones. Read your student handbook for the rules that apply to you. If there is a cell phone policy, it may allow teachers to confiscate phones that are used or go off in class. A second offense may lead to confiscation for a longer period, even up to the end of the school year.
    [This is information only - not legal advice].

  • Kayla Sun, 14 Mar 2010 at 09:29

    My phone was taken by the vice principal for texting in class but i was not caught does that mean they can keep it even if my dad went up there and tried to get it back ???
    Dear Kayla: You’ll have to look at your school’s student handbook for the rules regarding cell phones. Most schools have a policy about cell phones at school and in class. They may be able to confiscate your phone if used in class and the rules vary on how long they can keep it and who must pick it up, you or a parent. Good luck.
    [This is information only - not legal advice].

  • kendra Tue, 16 Mar 2010 at 02:25

    im live in sc and i got my phone taken its the 2nd time but the first time was last semester and the way our school doses it is the take your phone and they give u 3 offences the first one thay give it back the next day and the 2nd time they keep it for 30 days and the 3rd time they keep it for the year and i think but am not sure but i thought thAT THE OFFENCES START FRESH EACH Sumester but i dont know what to do is their any way my parents could go up to the school and get my phone back before 30 days ……………..please help
    Dear Kendra: The best thing to do is to look at your student handbook. The school’s policy regarding cell phones on campus should be stated clearly so all students know what to expect. Tell your parents what happened and they may be able to meet with the principal and resolve this. Good luck.
    [This is information only - not legal advice].

  • JD Fri, 09 Apr 2010 at 04:44

    Today at school, one of my friends got their phone taken away. Before they took it up, he sent a text to a lot of students. While the phone was at the office many of the students replied back, so the office went through the whole list of people who replied back, and took their phone up. Unfortunately I was one of them, but when they got the message they replied saying “i am at the office.” What I want to know is, is it right for them to look through his phone, and is it right for them to text back.
    Dear JD: Every state has its own laws regarding searches during criminal investigations and the Fourth Amendment also applies. Citizens are protected against “unreasonable” searches and seizures. This may also have some bearing on the rules at your school regarding cellphones. Take a look at your Student Handbook for the rules about bringing cellphones to school and the consequences when they go off in class or are used in violation of the rule. Searches may be conducted if a rule or violation of law has been committed or may be committed. Good luck.
    [This is information only - not legal advice].

  • Datsun Thu, 15 Apr 2010 at 01:50

    i have a smart phone with 14gigabytes of space so i put music on it. during a class where listining to music is permitted i was using my phone instead of my mp3 player which did not have the music content that i wanted at the moment. i dont text or make calls during school hours and generly it is on airplane mode should it have been taken away when communications were disabled.
    Dear Datsun: You’ll have to look at your Student Handbook for the rules regarding cell phone and other electronic devices at school. Most schools have an Acceptable Use Policy (AUP) that when violated allows the school to take action including confiscation of the phone for a period of time. Good luck.
    [This is information only - not legal advice].

  • Jimi Torres Thu, 22 Apr 2010 at 06:15

    Hello,
    I had a problem during class today and i was caught texting. I willingly gave up my phone with no argument or anything cause i know it’s against school rules to have it out (and i quote from the only section of our private high schools handbook that covers rules about cellphones): “Cell phones are to be kept out of site from 7:30AM until the end of school. Students are allowed to use their phones in the lobby of the Main Office.” Today i got a call from my dean saying she found inappropriate things on my phone but i don’t ever remember signing any agreement saying that she can go through my phone. And no where does it say they could do that. Are her actions justifiable or did my rights as a student and American get violated? also i have had no suspicions of illegal or harmful activity. thanks!
    Dear Jimi: Check your Student Handbook again to see if there’s an Acceptable Use Policy regarding electronic devices on campus. Many schools have these now and they spell out consequences for violating the rule. If there’s resonable suspicion that you broke a rule or the law with the phone, they may search it for evidence. Good luck.
    [This is information only - not legal advice].

  • Emilee Sat, 24 Apr 2010 at 10:10

    im in 7th grade and my friends mom is studding in criminal justice and what not, but the teacher saw we texting in class and she told me to give me my phone. and my friend stood up and said ” if u lay one finger on her phone, that is not your property and you have no right to take it… she can sew you.” and the teacher said good and i just said wait let me take out my batery because our princible will look through and use your phone without your permishen and he will leave your phone ON so it runs out of batory when you get it back, than my friend told me after class that if they keep your phone over night that it is steeling and u can sew them for that too. and that is what they do. if you get your phone taken away 1 time you get it back the next day at the end of the day. 2 times than its 2 days and you pick it up with a note from your parents, and 3 days you can only get it back it your parents come and pick it up. and if you get it taken away on the week end u get it back on Monday or Tuesday at the end of the day,. please give me a true answer and write me back as soon as posivle!
    thank you very much!!!!
    Dear Emilee: You seem to know the rules at your school regarding cell phones. Most schools have Acceptable Use Policies in place and if you disagree with the taking of your phone discuss it with your parents. They can contact the school and meet with the principal. Such policies are not against the law. They exist in order to maintain an environment where all students can learn without the constant interference of ringing phones and distractions during class. Good luck.
    [This is information only - not legal advice].

  • Keennan Wed, 28 Apr 2010 at 05:22

    I go to a school in the St. Clair county school district in Michigan and today my phone was taken away for being suspected of texting. I really wasn’t texting but I handed my phone to my teacher anyway. I recieved a 3 day suspension and 9% off my grade in every class for the marking period and they told me my mom had to come get my phone but my mom has a job and has no way of coming to get my phone. I pay for my cell phone not my mom so why should my mom have to come get my phone? Do I have to give my phone up to a teacher? Do they have the right to keep which is lawfully mine? they tell me its the policy but its unconstitutional. what if there was a policy where it required you as a student to lets say do sexual favors for a teacher everyday. would that be okay just because it is stated in a school policy? If something is unconstitutional then it is unconstitutional right? why should a school policy over power the constitution. If yu want you can research my school policy on cell phones I go to marysville highschool in michigan
    Dear Keennan: It would be better if you read your school’s policy in the Student Handbook. Most schools across the country have policies regarding the use and possession of cell phones on campus. Such policies are not unconstitutional as they are consistent with the school’s mission to educate without interruptions and disruptions. It is not uncommon for the phone to be taken when the policy has been violated, like using it in class. Your Mom can contact the school and make arrangements for its return. Good luck.
    [This is information only - not legal advice].

  • cesar Mon, 10 May 2010 at 04:34

    hey I live in florida and am in the 7th grade and a few months ago i sent a message to my friend during lunch regarding a question about class, later on in a different class she was caught with her phone texting. her phone was searched and all the people that have sent her messages or she sent messages to got their teachers called and their phones taken even if the phones were off,. And one of those people were me. my phone was off though it was still taken for the rest of the year even though i didn’t even have my phone on. this all happened cause my friends phone was search without cause, like i understand that rules are rules and we should be using our phones during class but i think theres a limit that a teacher can do. in the school policy it states phones will be taken if seen but mine wasn’t seen or on.
    Dear Cesar: Explain what happened to your parents. It’s possible that your school district has a policy regarding discipline of students and a procedure to challenge it. It should be outlined in your Student Handbook. A meeting with the principal and/or school board may bring results. Good luck.
    [This is information only - not legal advice].

  • Jason Tue, 11 May 2010 at 12:35

    If a student signs a consent form at the beginning of the year, consenting to the searches of their phones at school; and later in the year the phone is taken. Can they revoke their consent to search or based on the fact that the school needs to give informed consent is that previously signed consent form valid or enforceable?
    Dear Jason: Ordinarily a consent is valid until it’s revoked. So if you gave written consent, you should also revoke it in writing. However, it may be too late since the phone has already been confiscated and possibly searched. Talk with your parents about this and how to proceed. Good luck.
    [This is information only - not legal advice].

  • david Fri, 25 Jun 2010 at 06:59

    so me and my friend were dishing class in the pe field then suddenly school security came running after us we managed to escape but then they caught me they accused me of smoking weed for no reason the guy search me i told him i wasent smoking then he went through my phone pics video and messages then let me go. was he allowed to do that? i live in la ca.
    Dear David: In many states if a school official has reasonable suspicion that you’ve broken the law or a school rule such as possession or sale of drugs, he has the authority to conduct a search of your property [locker, car, desk etc]. Take a look at your Student Handbook for the rules about on-campus searches by school officials. Be careful about what messages you send and pictures you take with your cell phone. They may become evidence that may be used against you if a crime has been committed such as sexting. Good luck.
    [This is information only - notlegal advice].

  • Kelly Schwarz Mon, 23 Aug 2010 at 11:40

    My daughter was a new student and has been attending this school district for 10 days. On the 10th day of school she had a teacher tell her that she was in a dress code violation (this is a separate matter) and made a rude and derogatory comment to her. In between classes she texted me to ask me to bring up another pair of pants she was upset. The school took her phone away for 5 days and would not release the phone to me. If I demanded the phone back they would have her finish the rest of the punishment on ISS. What gives the school a right to take my phone from my daughter who only tried to contact her parent to help her rectify the situation. Then the school would not even release the phone to me?
    Dear Ms. Schwarz: It is not uncommon for a cell phone at school to be confiscated. Most schools today have what are called AUPs – Acceptable Use Policy. The policy lays out the rules regarding electronic devices on campus and consequences for violating the rules. In your situation you need to read the policy at the school – it should be included in the Student Handbook or students’ Code of Conduct. You may also request a meeting with the principal and/or teacher involved to straighten this out. Good luck.
    [This is information only - not legal advice].

  • josiah Mon, 30 Aug 2010 at 10:11

    Well I’ve been looking into thus subject for some time now, I have read my schools “rights” booklet and i think they don’t allow phones. For most things it says consequences for disobeying but this is very open. If I refuse to give them my phone what could happen? Both my dad and mom said I shouldn’t because it is personal property…. another thing, I have a lock on my phone. Would I be required to unlock it if they supposedly had suspicions? I just want to know theoretically.
    Dear Josiah: You raise some good questions. Your school’s code of conduct or Student Handbook should address this. Look under AUP [Acceptable Use Policy] for a discussion of electronic devices at school. Most schools have a written policy about cell phones and violations of the rules including confiscation for a period of time. If you and your parents have questions, discuss this with the principal for clarification. Good luck.
    [This is information only - not legal advice].


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