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Article #68

Re: Confiscating Pagers, Cell Phones etc..

#68
From: mystic
Date: Mon, 15 Nov 1999 00:00
65 lines
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Marcus AAkesson wrote:
> 
> oNkYo wrote:
> 
> >Does teachers and administrators have the right to confiscate them?
> 
> Probably depends on where You are!
> 
> Here, the answer is No. They have no right to confiscate anything that is
> not illegal in a public place, like firearms and knifes.

Every district has different rules.  If students bring banned articles
onto campus, the teachers have EVERY right to confiscate them during
classtime  --  students in our district can pick them up in the office
at the end of the school day.  If they continue to bring banned articles
to class, it is considered to be an infraction of school rules and, as
such, can be punished with a disciplinary slip, time in DMC (in-school
detention) or (with parental permission) corporal punishment.  Do
teachers have the right to KEEP the articles they confiscate?  No.

> 
> If school regulations prohibits phones within the building, they can tell
> You to stop using it, and if refused, contact the parents or ultimately ban
> You from attending class. They have no parental rights at all.
> 

Wrong.  To refuse a reasonable teacher directive (in this case, to
follow  school rules) is a direct infraction of school rules.  If I were
you, I'd look closely at the disciplinary plan of your school.
As for whether teachers have any parental rights at all  --  what would
these be?  The power to take stuff away from you?  The power to keep you
safe?  There are many situations during school activities (such as
school trips) where, under most states' laws, teachers DO stand 'in loco
parentis', meaning that we are responsible for your safety.


> Another related question is smoking. While it is not allowed to smoke in the
> buildings or on school property, they can't take away your cigarettes, not
> even if You brake the rules and smoke indoors. They can throw You out, but
> not take the cigs.

Again, check your district.  In most Texas school districts, tobacco is
an illegal substance that cannot evn be possessed by persons under the
age of 18.  So teachers (in fact, anyone employed by the district) CAN
confiscate your cigarettes, and you won't even be able to pick them up
at the end of the day. Instead, you'll be charged with possession of
tobacco and probably do three days in DMC, plus you might be charged in
juvenile court and have to pay a fine.

> 
> BTW, if using a phone was equal to selling drugs, they would have serios
> problems here since around 80% of 14-18-year-olds have phones. Problems in
> class? Shure! Talking/ringing is of course not a major issue, but a lot of
> people keep sending and receiving SMS while in class.
> 
> /Marcus

80%?  Whew, where did you get THOSE figures?  You've obviously led a
very sheltered life.  Again, you'd better check your district.  In most
of those in Texas, you'd have to kiss that cell phone goodbye  --  and
if you brought it to school more than once, you'd be charged, sent to
alternative school (where you can't even bring GUM into class), and your
parents would probably be out several hundred dollars in court costs.  

Appleman
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From: mystic <mystic@lcc.net>
Subject: Re: Confiscating Pagers, Cell Phones etc..
Date: 1999/11/15
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