Should Schools Have the Right to Take Students Phones
Is It Legal for Schools to Confiscate Cell Phones?
When a student acts up in class or otherwise violates school policy, a teacher or other school official may confiscate the student's cell phone as a disciplinary act similar to getting the student to stand in the corner or stay after class for detention. Many students and parents may wonder, however, whether the school actually has the legal right to take a phone away from a student in the first place.
Searching Through Phone Contents
While it is generally not illegal for a teacher or a school to confiscate a phone from a student who has violated school policy, the student generally still retains privacy rights as they relate to the contents of the phone. The school can restrict phone usage but if a school official asks a student to look through their phone, the student can choose to refuse even if he or she has broken school rules.
The two main exceptions in California when a student's phone may be searched without his or her permission are:
- In an emergency situation "involving danger of death or serious physical injury to any person [that] requires access to the electronic device information"
- When a judge-issued search warrant is issued wherein there is "probable cause" the phone contains evidence of a crime
Even in the case of the latter, the school itself does not have the right to search through a student's phone. Instead, the search must be conducted by "duly sworn law enforcement officers." The search must be specific to the crime being investigated.
Specific laws and circumstances may vary, however. Under Florida Statute 1006.09, school officials have the authority to confiscate and search through students' phones (without first notifying a parent or guardian) if there is "reasonable suspicion" the student has "prohibited or illegally possessed items." Notably, the statute makes no specific reference to electronic devices and has thus been applied very broadly.
School Policies and Contracts
Some schools provide students with a handbook at the beginning of the year that outlines policies and expectations. In some cases, the schools then require students to take the handbooks home so both the students and their parents (or guardians) can sign it, acknowledging they have read and understand its contents. Among these rules may be a policy governing cell phone usage.
However, a "contract" signed only by a minor and not in the presence of their parent or guardian is typically not legally binding. If a school wishes to enforce certain rules and regulations, they are advised against using the word "contract."
Cell Phones in the Classroom
As technology continues to advance and society adapts to its omnipresence, more and more parents are choosing to give their children a cell phone at a progressively younger age. If cell phone usage by students is disruptive to the classroom environment, teachers usually have the authority to confiscate the device for a period.
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Should Schools Have the Right to Take Students Phones
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