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	<title>Comments on: Do students have a right to cell phone privacy while at school?</title>
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	<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/</link>
	<description>Answers for teens about the law</description>
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		<title>By: William</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-27498</link>
		<dc:creator>William</dc:creator>
		<pubDate>Wed, 08 Feb 2012 04:02:03 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-27498</guid>
		<description>CAN the school charge you a $15.00 fine if is not posted in hand book and the money goes to year end parties for teachers .Is that not a slush fund ?
&lt;strong&gt;Dear William: Not all school district rules and policies are set forth in the Student Handbook. We suggest that you can contact the Superintendent&#039;s Office about this and see if the fine is appropriate. You can also ask where the fines end up - do they go to the district&#039;s general fund or, as you mentioned, to a slush fund to benefit staff. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>CAN the school charge you a $15.00 fine if is not posted in hand book and the money goes to year end parties for teachers .Is that not a slush fund ?<br />
<strong>Dear William: Not all school district rules and policies are set forth in the Student Handbook. We suggest that you can contact the Superintendent&#8217;s Office about this and see if the fine is appropriate. You can also ask where the fines end up &#8211; do they go to the district&#8217;s general fund or, as you mentioned, to a slush fund to benefit staff. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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		<title>By: Maia</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-27430</link>
		<dc:creator>Maia</dc:creator>
		<pubDate>Tue, 07 Feb 2012 20:18:21 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-27430</guid>
		<description>I got my phone taken off me in the morning (before first period), and my teacher never arrived to give it back to me after school, and because of that I missed my bus. She wouldnt give it back to me today. I am scared she wont give it back to me. Is it against the law to not give it back to me?
Also, if they ask for my phone, do I have the right to say no??
Thanks, Maia
&lt;strong&gt;Dear Maia: Most schools have &quot;Acceptable Use Policies&quot; in place. Take a look at your Student Handbook and see what it says about cellphones and other digital devices on campus. Teachers are authorized to take phones but you have to look to the specific rules in your school regarding return of the phone and consequences for additional violations of the policy. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>I got my phone taken off me in the morning (before first period), and my teacher never arrived to give it back to me after school, and because of that I missed my bus. She wouldnt give it back to me today. I am scared she wont give it back to me. Is it against the law to not give it back to me?<br />
Also, if they ask for my phone, do I have the right to say no??<br />
Thanks, Maia<br />
<strong>Dear Maia: Most schools have &#8220;Acceptable Use Policies&#8221; in place. Take a look at your Student Handbook and see what it says about cellphones and other digital devices on campus. Teachers are authorized to take phones but you have to look to the specific rules in your school regarding return of the phone and consequences for additional violations of the policy. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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		<title>By: Haley</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-25750</link>
		<dc:creator>Haley</dc:creator>
		<pubDate>Wed, 25 Jan 2012 15:37:36 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-25750</guid>
		<description>ok this is a my bad, yesterday, i later found out that it is in the school handbook that the school can keep cell phones til the end of the school year. and it was approved by the state of michigan of education or whatever its called. I have read the student handbook and i really dont remember it saying that they can keep cell phones til the end of the school year. Couldnt parents do something about that? my mom couldnt afford to shut off my phone because thats what she would have to do IF i do end up getting my phone taken. And also i have this friend who got there cell phone taken before school even started because it does say that cell phones are not to be in use from 7:20 to 2:12. that was the first time she had her phone taken. if that happens with any other student can they do something about it? 
thanks
&lt;strong&gt;Dear Haley: You&#039;ve learned a valuable lesson here. Rules are rules and they&#039;re meant to be followed. Schools can&#039;t make an exception because a student didn&#039;t read or fully understand the Student Handbook. Most schools require students to sign an acceptance form when given the Handbook at the beginning of the school year. Both student and school are bound by the rules stated therein. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>ok this is a my bad, yesterday, i later found out that it is in the school handbook that the school can keep cell phones til the end of the school year. and it was approved by the state of michigan of education or whatever its called. I have read the student handbook and i really dont remember it saying that they can keep cell phones til the end of the school year. Couldnt parents do something about that? my mom couldnt afford to shut off my phone because thats what she would have to do IF i do end up getting my phone taken. And also i have this friend who got there cell phone taken before school even started because it does say that cell phones are not to be in use from 7:20 to 2:12. that was the first time she had her phone taken. if that happens with any other student can they do something about it?<br />
thanks<br />
<strong>Dear Haley: You&#8217;ve learned a valuable lesson here. Rules are rules and they&#8217;re meant to be followed. Schools can&#8217;t make an exception because a student didn&#8217;t read or fully understand the Student Handbook. Most schools require students to sign an acceptance form when given the Handbook at the beginning of the school year. Both student and school are bound by the rules stated therein. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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		<title>By: Haley</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-25627</link>
		<dc:creator>Haley</dc:creator>
		<pubDate>Tue, 24 Jan 2012 15:55:52 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-25627</guid>
		<description>ok so i have an issue with my phone. I love texting. so im usually really good about hiding my phone. well in my first hour class i was on the phone with my boyfriend. the teacher just so happened to look straight at me at the wrong time. this is the 4th time getting it taken. my principle emailed all my teachers saying that if they see my phone out one more time hes keeping it til june. im a senior in high school. Can he really keep it? its a $400 smartphone. I do have a pattern lock on my phone so they cant go through it. my teacher does allow texting but no talking on the phone. again can they keep my phone? in the student handbook it says NO where about keeping a students phone til the end of the school year. I truly think this is ridiculous! thanks
&lt;strong&gt;Dear Haley: The answer to your question is in the Student Handbook. Most schools have an &quot;Acceptable Use Policy&quot; that spells out when and where digital devices are allowed on campus. The consequences for violating the rules should also be there. If you&#039;re being told one thing that contradicts the written policies in the Student Handbook, discuss this with your parents. They may want to schedule a meeting with the principal to clarify the situation. In the meantime, follow the rules to the letter so your phone isn&#039;t confiscated. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>ok so i have an issue with my phone. I love texting. so im usually really good about hiding my phone. well in my first hour class i was on the phone with my boyfriend. the teacher just so happened to look straight at me at the wrong time. this is the 4th time getting it taken. my principle emailed all my teachers saying that if they see my phone out one more time hes keeping it til june. im a senior in high school. Can he really keep it? its a $400 smartphone. I do have a pattern lock on my phone so they cant go through it. my teacher does allow texting but no talking on the phone. again can they keep my phone? in the student handbook it says NO where about keeping a students phone til the end of the school year. I truly think this is ridiculous! thanks<br />
<strong>Dear Haley: The answer to your question is in the Student Handbook. Most schools have an &#8220;Acceptable Use Policy&#8221; that spells out when and where digital devices are allowed on campus. The consequences for violating the rules should also be there. If you&#8217;re being told one thing that contradicts the written policies in the Student Handbook, discuss this with your parents. They may want to schedule a meeting with the principal to clarify the situation. In the meantime, follow the rules to the letter so your phone isn&#8217;t confiscated. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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		<title>By: nana</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-25255</link>
		<dc:creator>nana</dc:creator>
		<pubDate>Sun, 08 Jan 2012 02:06:03 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-25255</guid>
		<description>What if you get caught texting to a parent in the school while your in the bathroom ?
&lt;strong&gt;Dear Nana: Look at your Student Handbook as your school&#039;s Acceptable Use Policy (&quot;AUP&quot;) should tell you your school&#039;s policy concerning cell phone use at school and the penalties for violating the rules. Good luck.
(This is information only - not legal advice.)
</description>
		<content:encoded><![CDATA[<p>What if you get caught texting to a parent in the school while your in the bathroom ?<br />
<strong>Dear Nana: Look at your Student Handbook as your school&#8217;s Acceptable Use Policy (&#8220;AUP&#8221;) should tell you your school&#8217;s policy concerning cell phone use at school and the penalties for violating the rules. Good luck.<br />
(This is information only &#8211; not legal advice.)</strong></p>
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		<title>By: Jayla washington</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-24888</link>
		<dc:creator>Jayla washington</dc:creator>
		<pubDate>Tue, 27 Dec 2011 02:53:34 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-24888</guid>
		<description>My thing is you know the rule so why have your phone out. the searching part, check your school handbook stop asking the same question, your obvisly going to get the same answer
   THanks Jayla :)
&lt;strong&gt;Good point. Thanks, Jayla.</description>
		<content:encoded><![CDATA[<p>My thing is you know the rule so why have your phone out. the searching part, check your school handbook stop asking the same question, your obvisly going to get the same answer<br />
   THanks Jayla <img src='http://www.askthejudge.info/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /><br />
<strong>Good point. Thanks, Jayla.</strong></p>
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		<title>By: bob</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-24774</link>
		<dc:creator>bob</dc:creator>
		<pubDate>Wed, 21 Dec 2011 18:30:14 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-24774</guid>
		<description>wow</description>
		<content:encoded><![CDATA[<p>wow</p>
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		<title>By: Mathew</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-24498</link>
		<dc:creator>Mathew</dc:creator>
		<pubDate>Wed, 14 Dec 2011 14:59:28 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-24498</guid>
		<description>I originally came to this article searching for something related to this topic. But to put it out there I have one question. My high school has a policy of holding onto phones overnight, and depending on how many times a student has been caught, then multiple nights. (Texting is not allowed during school hours.)

I believe that is wrong. Do you? I can see it being reasonable just having parent come in everytime to get it, but to hold onto someone&#039;s cell phone? 

Cell phone bills are hugely expensive these days, and they are using up money spent on that contract by holding onto the phone. In addition to that, a lot of students are employed and depend on their cell phones to keep in contact with their employer. 

I think it is benign to tell them to just copy numbers down that they need. I mean I don&#039;t have a lot of contacts in my phone, but copying down 50 numbers or something? Besides I might have my employers number, but how does that help them reach me?

But in addition to that, I have known teachers (vice principal) that tried guessing the codes and getting into students cell phones after they were caught texting in class to try to see if they were texting other students in class. I think that is completely wrong and a complete invasion of a student&#039;s privacy, unless a law or something was broken, I do not think they should be able to do so without the student or parent&#039;s permission. It think going through a student&#039;s cell phone without permission is tantamount to going onto their laptop at home or something without permission. Thing&#039;s on cell phones are just as sensative as something people may have on their computers these days, and should be treated as such.

Please give me your thoughts on this subject.
&lt;strong&gt;Dear Mathew: You make some good points regarding privacy and individual rights. However, schools do have the authority to create their cellphone and digital use rules. Most schools have what&#039;s called an Acceptable Use Policy (AUP) that informs all students and parents of the restrictions while at school and consequences for violating the rules. These are set forth in the Student Handbook. That way you know in advance what&#039;s expected of each student while on campus. The purpose is to minimize interference with teaching and to maintain an environment where learning can take place. The minimal consequences for breaking the rules is to get the student&#039;s attention so that continued violations don&#039;t occur. Keeping the cellphone overnight, for example, and requiring a parent to pick it up usually happens once - lesson learned. The expense involved and job responsibilities are additional factors a student must take into consideration when violating the AUP. As far as a student&#039;s privacy regarding content on a cellphone or computer, that&#039;s another matter. Schools are authorized to read text messages or search a student&#039;s computer when reasonable suspicion exists that a rule or law has been violated. This may also be discussed in your student handbook. Discuss these matters with your parents and if a meeting with the principal is needed, they can make the arrangements. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>I originally came to this article searching for something related to this topic. But to put it out there I have one question. My high school has a policy of holding onto phones overnight, and depending on how many times a student has been caught, then multiple nights. (Texting is not allowed during school hours.)</p>
<p>I believe that is wrong. Do you? I can see it being reasonable just having parent come in everytime to get it, but to hold onto someone&#8217;s cell phone? </p>
<p>Cell phone bills are hugely expensive these days, and they are using up money spent on that contract by holding onto the phone. In addition to that, a lot of students are employed and depend on their cell phones to keep in contact with their employer. </p>
<p>I think it is benign to tell them to just copy numbers down that they need. I mean I don&#8217;t have a lot of contacts in my phone, but copying down 50 numbers or something? Besides I might have my employers number, but how does that help them reach me?</p>
<p>But in addition to that, I have known teachers (vice principal) that tried guessing the codes and getting into students cell phones after they were caught texting in class to try to see if they were texting other students in class. I think that is completely wrong and a complete invasion of a student&#8217;s privacy, unless a law or something was broken, I do not think they should be able to do so without the student or parent&#8217;s permission. It think going through a student&#8217;s cell phone without permission is tantamount to going onto their laptop at home or something without permission. Thing&#8217;s on cell phones are just as sensative as something people may have on their computers these days, and should be treated as such.</p>
<p>Please give me your thoughts on this subject.<br />
<strong>Dear Mathew: You make some good points regarding privacy and individual rights. However, schools do have the authority to create their cellphone and digital use rules. Most schools have what&#8217;s called an Acceptable Use Policy (AUP) that informs all students and parents of the restrictions while at school and consequences for violating the rules. These are set forth in the Student Handbook. That way you know in advance what&#8217;s expected of each student while on campus. The purpose is to minimize interference with teaching and to maintain an environment where learning can take place. The minimal consequences for breaking the rules is to get the student&#8217;s attention so that continued violations don&#8217;t occur. Keeping the cellphone overnight, for example, and requiring a parent to pick it up usually happens once &#8211; lesson learned. The expense involved and job responsibilities are additional factors a student must take into consideration when violating the AUP. As far as a student&#8217;s privacy regarding content on a cellphone or computer, that&#8217;s another matter. Schools are authorized to read text messages or search a student&#8217;s computer when reasonable suspicion exists that a rule or law has been violated. This may also be discussed in your student handbook. Discuss these matters with your parents and if a meeting with the principal is needed, they can make the arrangements. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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		<title>By: braden</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-22600</link>
		<dc:creator>braden</dc:creator>
		<pubDate>Mon, 28 Nov 2011 06:34:23 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-22600</guid>
		<description>Ha.I like troys comment [taking of his phone before school hours when those hours were not agreed or known to b enforced]. I personally think that&#039;s just a common situation of somebody abusing their power even if they know they are wrong. I had a mean teacher (just a negative personallity) that told us we couldn&#039;t have our phones out after school, just because she could. I wonder what the extent of the flexibility would be, common sense, or a legal official getting involved? Even though it usually doesn&#039;t get that far if the parents make a big enough deal about it.</description>
		<content:encoded><![CDATA[<p>Ha.I like troys comment [taking of his phone before school hours when those hours were not agreed or known to b enforced]. I personally think that&#8217;s just a common situation of somebody abusing their power even if they know they are wrong. I had a mean teacher (just a negative personallity) that told us we couldn&#8217;t have our phones out after school, just because she could. I wonder what the extent of the flexibility would be, common sense, or a legal official getting involved? Even though it usually doesn&#8217;t get that far if the parents make a big enough deal about it.</p>
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		<title>By: Teresa</title>
		<link>http://www.askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/comment-page-2/#comment-21307</link>
		<dc:creator>Teresa</dc:creator>
		<pubDate>Fri, 11 Nov 2011 16:54:39 +0000</pubDate>
		<guid isPermaLink="false">http://askthejudge.info/do-students-have-a-right-to-cell-phone-privacy-while-at-school/153/#comment-21307</guid>
		<description>My daughters Ipod got taken up at school for being out, there are conflicting stories,but I am not concerned to much about that.  The school has had her Ipod for a week and what I want to know is can they legally charge me to get the Ipod back?  They said I would have to come up and pay $15 for it. Is this legal?
&lt;strong&gt;Dear Teresa: Check the school&#039;s Student Handbook that&#039;s usually given out at the beginning of the school year. In it is spelled out the school&#039;s Acceptable Use Policies regarding all things digital. In signing for the Handbook you&#039;ve agreed to the policies that may include fines for violations. You can also check with the district office for an explanation of the rule and their authority to impose fines. Good luck.
(This is information only - not legal advice).</description>
		<content:encoded><![CDATA[<p>My daughters Ipod got taken up at school for being out, there are conflicting stories,but I am not concerned to much about that.  The school has had her Ipod for a week and what I want to know is can they legally charge me to get the Ipod back?  They said I would have to come up and pay $15 for it. Is this legal?<br />
<strong>Dear Teresa: Check the school&#8217;s Student Handbook that&#8217;s usually given out at the beginning of the school year. In it is spelled out the school&#8217;s Acceptable Use Policies regarding all things digital. In signing for the Handbook you&#8217;ve agreed to the policies that may include fines for violations. You can also check with the district office for an explanation of the rule and their authority to impose fines. Good luck.<br />
(This is information only &#8211; not legal advice).</strong></p>
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