Ok, so I go to a middle school and I know you might think I'm a little young to be getting in this but before you say "oh i don't need to wast my time on this." please read this and help me figure this out.

OK so at my middle school we have a cell phone policy that states if a teacher or any adult sees or hears our phones they can take the phone from our possession. Well today I had to deal with an emergency and I went to the restroom to call my mother and ask her what to do. And later I had to write a statement about the emergency. I told them that I called my mother. And they later took my phone. But the policy says if they hear or see it then they can take it. Well they didn't see it, they didn't hear it, and it didn't even distract my classmates. I used it during a non instructional time but they still took it. If I go back tomorrow and ask for my phone and they don't give it back could I sue them?

I would really like if I could get some answers. I know some people might think I'm making a big deal out of nothing, but this is what I think is rite and I think I need to stand up and say something.

p.s if they keep my phone they keep it until the end of the year. That's only three more weeks but I wouldn't care if it was three more days its wrong!

First, you have no grounds for a suit. Second, the school clearly has a policy against use of a cell phone during school hours. You violated that policy. If there was truly an emergency, you should have gone to your teacher and asked permission to contact your mother. Instead you snuck around by claiming you needed to go to the bathroom to sneak a call.

So I see nothing wrong in the school's actions.

First as a child you can't even sue if you want to, you can have you mother contact the school and explain that you had a emergancy to a level you had to call her.

But then why is she allowing you to take a phone to school, which is in violation of school polciy ? Why can't you go to the school office and call mom from office since it was a emergency

The school is within its rights. You have no basis for a lawsuit.

Just out of curiosity - and "maybe" it will change my opinion: What was the emergency?

... But then why is she allowing you to take a phone to school, which is in violation of school polciy ?...

Actually, the OP didn't say the policy prohibits taking the cell phone to school.

School policies on cell phone usage aught to be revised in light of present circumstances and reality. I would say that 95% of middle and high school students take cell phones to school on a regular basis. Despite what the policies may technically say, this is reasonable. As long as the students are not interrupting class by talking or texting on them, or the phones ringing, during class, it shouldn't be a problem.

I don't understand how the school learned of the cell phone use if the OP was in the restroom, using the phone for an emergency, out of the eyes and ears of the teachers. OP states that the teachers cannot see or hear the phone or it is lost to them.

?

I don't understand how the school learned of the cell phone use if the OP was in the restroom, using the phone for an emergency, out of the eyes and ears of the teachers. OP states that the teachers cannot see or hear the phone or it is lost to them.

?
The OP said, "I told them that i called my mother. and they later took my phone."

The OP said, "I told them that i called my mother. and they later took my phone."


I'm reading this in a different order of events:

"well today (#1) i had to deal with an emergency and (#2) i went to the restroom to call my mother and ask her what to do. and later (#3) i had to write a statement about the emergency. (#4) I told them that i called my mother. and they later took my phone."

I'm reading that OP had to write a statement about the emergency (which would indicate he/she left the classroom - or something - and was asked or else nobody would know what/why OP was doing in the restroom - hopefully) and then revealed the cell phone use.

Of course, I have been known to be wrong...

Of course, I have been known to be wrong ...
Wrong about what? She called her mom and later told the school she had done so. That's what I got out of that. No?

Just wondering why if the call was made from the restroom there had to be an explanation to the school unless OP volunteered the info.

I'm thinking it's more complicated than has been stated.

Of course so far OP hasn't been back to fill in the details.

Just wondering why if the call was made from the restroom there had to be an explanation to the school unless OP volunteered the info.

I'm thinking it's more complicated than has been stated.

Of course so far OP hasn't been back to fill in the details.

Well here is what happened. The teacher in my class was not allowing me to use a phone, go to the principle or guidance. I wanted to go because he said he was going to rite me up because I was trying to explain to him why I was talking in class. He told me I didn't have the right to tell him and that I didn't have any rites what so ever in his class and that he had complete control over me. I didn't know what to do because I have never been written up in my life and would like to keep it that way I thought I didn't have any other choice. That's why I went to the bathroom and called my mom and told her what was going on. Then later after she called the principal he asked me to write what had happened. And I told the truth and said I called my mom in the restroom. Also I have several students in the class that herd what the teacher said. And the cell phone policy says we can have our phones. But no one can see or hear them. No one saw mine or herd it. So they took my phone with out reason. There is no rule that says if they later know of a time that a student has used there phone they can take it. I've read the district policy. My phone was not a distraction to class or classmates but now they have my phone and they will keep it until the end of the year but now that I have reason to ask for it back if they don't give it back can my mom or father take action to sue the school. And I am very educated I know what I'm talking about so don't act like oh she is just a little kid she doesn't know anything. I have had all As for my whole life a perfect 4.0 average so I would appreciate it if you wouldn't act like I'm stupid. I would like it if you would talk to me like an adult.

Bottom line folks, school was in the right to take the phone but they have no right to keep the phone. Equity abhors forfeiture is a concept not taught to school administrators but lawyers know it all too well. Local park has a sign that says no dogs, if I take my dog there, can the park ranger confiscate him ,certainly not! The phone should be returned to the parent, the student has already shown disregard for the rule.

Bottom line folks, school was in the right to take the phone but they have no right to keep the phone. Equity abhors forfeiture is a concept not taught to school administrators but lawyers know it all too well. Local park has a sign that says no dogs, if I take my dog there, can the park ranger confiscate him ,certainly not! The phone should be returned to the parent, the student has already shown disregard for the rule.

Wait the school did not have the rite to take my phone because the policy clearly states that if they see or hear. They didn't see or hear it. So there was no reason to take it.

I do not want to get into a nit picking about the school rule. You apparently knew to hide the fact that you had a phone and they took it away from you when they learned you had one, they can do that and you will not win any law suit over this. However, they must return the phone to your parents who are the actual owners. You may carry and possess the phone but it belongs to them. Are your parents aware of what has happened, have they asked for the return of the phone?

I do not want to get into a nit picking about the school rule. You apparently knew to hide the fact that you had a phone and they took it away from you when they learned you had one, they can do that and you will not win any law suit over this. However, they must return the phone to your parents who are the actual owners. You may carry and possess the phone but it belongs to them. Are your parents aware of what has happened, have they asked for the return of the phone?

Yes they know what has happened and no I'm going to ask tomorrow but if they don't give it back and won't give it to my parents then what happens?

Then you learn your lesson, and wait until the end of the school year.

It is very likely that they will give it to your parents. Many schools will have the same sort of policy. No cell phones used during school hours. You use it, they can take it, and a parent or guardian has to come to the office to pick it up.

- And I believe I said that what was posted was not the whole story.

Oh, if you want to be treated like an educated adult don't write and spell like a child. It's RIGHT, not RITE.

In MY area the School Board announces the policy loud and clear at the beginning of the year. Cell phones are forfeited until the end of the year. There have actually been challenges. The parents have lost.

- And I believe I said that what was posted was not the whole story.

Oh, if you want to be treated like an educated adult don't write and spell like a child. It's RIGHT, not RITE.

In MY area the School Board announces the policy loud and clear at the beginning of the year. Cell phones are forfeited until the end of the year. There have actually been challenges. The parents have lost.

Just because I spell something wrong doesn't give you the right to be that way? What if your boss or who ever you work for spelled something wrong would you start to treat them on a lower level? No I don't think so, but thanks anyway.

Yes we have the "rite" OK right to correct spelling, the mis-use of spelling, along with your refusal to admit any wrong is showing us a trend in your mind set of where the problem really is, and it is YOU.

This was not an emergency, and nothing that your MOM could do on the cell phone to you, if you mom wanted to do something ( and I hope she would not) she could call and arrange a talk with that teacher in the future.

And no you don't have a lot of rights in school, the teacher makes the rules for the class, as long as they do not violate school and school board policy, And even then YOU don't have any rights, except to report it to your parents that evening and allow them over the next days or weeks, discuss it with the school.

You have a bad attitude, think too highly of yourself and need a good kick in the rear to teach you respect. Your parents have failed you greatly. I hope the school will do that job.

...
Oh, if you want to be treated like an educated adult don't write and spell like a child. It's RIGHT, not RITE.
...

As long as you bring it up,


... go to the principle or guidance....

That would be "principal".


... he was going to rite me up ...

"write"


... i didn't have any rites what so ever ...

"rights whatsoever"


... several students in the class that herd ... ...no one saw mine or herd it. ...

"heard"


... iv read the district policy....

"I've"


...i would appreciate it if you wouldn't act like im stupid. ...

"I'm"

Nothing to do with the law, but since someone brought the subject up, that's a more complete list of the spelling errors. :cool:

I noticed. I just didn't bother itemizing. Note that OP has a 4.0 grade average and is "highly educated". Wonder who set that standard - also wonder how the 2.0's "rite" and spell.

- Hard to believe there are complaints about the standard of education in the US today!

- Hard to believe there are complaints about the standard of education in the US today!


It's usually not the standard of education. It most often is the lack of effort on the student's part. I have no doubt that this young person knows how to spell more accurately, but chooses to fall into a mixture of chat/ text speak and laziness.


Just throwing that out there... ;)

It's usually not the standard of education. It most often is the lack of effort on the student's part. I have no doubt that this young person knows how to spell more accurately, but chooses to fall into a mixture of chat/ text speak and laziness.


Just throwing that out there......;)


You could very well be "rite."

Yes we have the "rite" ok right to correct spelling, the mis-use of spelling, along with your refusal to admit any wrong is showing us a trend in your mind set of where the problem really is, and it is YOU.

This was not an emergency, and nothing that your MOM could do on the cell phone to you, if you mom wanted to do something ( and I hope she would not) she could call and arrange a talk with that teacher in the future.

And no you don't have a lot of rights in school, the teacher makes the rules for the class, as long as they do not violate school and school board policy, And even then YOU don't have any rights, except to report it to your parents that evening and allow them over the next days or weeks, discuss it with the school.

You have a bad attitude, think too highly of yourself and need a good kick in the rear to teach you respect. Your parents have failed you greatly. I hope the school will do that job.

OK that was uncalled for, you have no rite to say my parents have "failed me" they are probably the best parents on the earth you have no rite to tell me that. My dad works full time so does my mom, three years ago my dad had a stroke, got his eye hit by a rock that was thrown out from a lawn mower. Almost lost his eye. Then two years ago me my dad and mom went to disney world for my birthday. My mom got swine flu, strepth throat and doable pneumonia. She was on a vinalator for a month. I almost lost my dad and mom. But thank god I didn't. We went from a six bedroom 4 bath house to a two bedroom two bath apt. because my mom lost her job. So I had to change schools. This year has been really bad. I recently lost my best friend in a car wreck and at the school I go to now I have no friends what's ever its been 4 months since I've hung out with any friends. My parents have put a roof over my head and food on the table. So don't you dare tell me that my parents have "failed" me.

So life it tough, but you sound like a spoiled brat to me, who needs to understand life does not circle you and your needs.
You need to learn that rules are not only the exact wording but the intent of them. You knew not to use a cell phone at school and did, for really no good reason what so ever.

I would expect your parents to support the school and further punish you, if not, yes they are failing you.

And you, unless I missed it have not said what position your parents are taking in this, since only they can or should be able to get the phone.

Supporting you and putting a roof over your head are just part of being a parent. But your attitude and disrespect for authority and rules, is not, what I suspect, your parents taught you. And in that respect they have failed you.

Your parents HAVE failed you. You are in trouble at school, you have no friends, you have no respect for authority.

Being a good parent is not about your standard of living, it's about your value system.

Maybe you make things up to appear different than you really are. After all that was said about the way you butcher the English language you post that your mother had "doable" pneumonia.

ok that was uncalled for, you have no rite to say my parents have "failed me" they are probably the best parents on the earth you have no rite to tell me that. my dad works full time so does my mom, three years ago my dad had a stroke, got his eye hit by a rock that was thrown out from a lawn mower. almost lost his eye. then two years ago me my dad and mom went to disney world for my birthday. my mom got swine flu, strepth throat and doable pneumonia. she was on a vinalator for a month. i almost lost my dad and mom. but thank god i didnt. we went from a six bedroom 4 bath house to a two bedroom two bath apt. because my mom lost her job. so i had to change schools. this year has been really bad. i recently lost my best friend in a car wreck and at the school i go to now i have no friends whats ever its been 4 months since iv hung out with any friends. my parents have put a roof over my head and food on the table. so dont you dare tell me that my parents have "failed" me.

Your mom lost her job, but you still have a cell phone? Can anyone say "spoiled"?

I'm surprised that no one else picked up on where the issue started: OP was talking in class - first show of disrespect towards authority. When the teacher reprimanded her, OP tried "explaining" why she was talking in class - second show of disrespect towards authority. Teacher told her to be quiet. OP wanted to go to the principal and/or guidance counselor and teacher said no; OP feels she was wronged in that aspect - third show of disrespect("You won't give me my way, I'll go over your head.") OP then lied to her superior - fourth show of disrespect - in order to call her mommy and complain that the teacher was being mean; OP classifies this as an "emergency" which it is not, by any stretch of the imagination.

Bottom line: OP violated school policy, deserved to lose the phone, no grounds for a lawsuit.

And don't forget - the teacher being mean was an emergency. (Out of greenies!)

You missed it, Judy ;)


Your mom lost her job, but you still have a cell phone? Can anyone say "spoiled"?

I'm surprised that no one else picked up on where the issue started: OP was talking in class - first show of disrespect towards authority. When the teacher reprimanded her, OP tried "explaining" why she was talking in class - second show of disrespect towards authority. Teacher told her to be quiet. OP wanted to go to the principal and/or guidance counselor and teacher said no; OP feels she was wronged in that aspect - third show of disrespect("You won't give me my way, I'll go over your head.") OP then lied to her superior - fourth show of disrespect - in order to call her mommy and complain that the teacher was being mean; OP classifies this as an "emergency" which it is not, by any stretch of the imagination.

Bottom line: OP violated school policy, deserved to lose the phone, no grounds for a lawsuit.

and "vinalator." I weep

Ah! "ventilator". I couldn't figure it out the first time I read it. Thought it was a piece of medical equipment I had never hear of.

It's my understanding that a ventilator is used when a person has double pneumonia.

When it's doable pneumonia a vinalator is prescribed.

I'm weeping right along with WG.

You missed it, Judy ;)

Somehow I missed post #11 in this thread, where the OP explained what had happened. After reading that I found it appalling that she would think this was an emergency. I suspect this is a child who had it good for most of her life and now that her parents are feeling the pinch is not coping well with the change in circumstances.

I also find it appalling that someone who claims a straight A solid 4.0 GPA, would be so terrible about her native language. A few typos or shortcuts I could understand, but this goes beyond that.

And the final straw was asking to be treated like an adult. So I will say to you, Nevergolet2, that you will be treated like an adult when you act like one. So far, you haven't come close.

Somehow I missed post #11 in this thread, where the OP explained what had happened. After reading that I found it appalling that she would think this was an emergency. I suspect this is a child who had it good for most of her life and now that her parents are feeling the pinch is not coping well with the change in circumstances.

I also find it appalling that someone who claims a straight A solid 4.0 GPA, would be so terrible about her native language. A few typos or shortcuts I could understand, but this goes beyond that.

And the final straw was asking to be treated like an adult. So I will say to you, Nevergolet2, that you will be treated like an adult when you act like one. So far, you haven't come close.

The whole class was talking the only talking I was doing was when someone unplugged my computer. I said stop. One word and I get in trouble. I was saying it as an emergency because the teacher was was going to rite me up for trying to tell him what happened. Everyone was laughing and telling him to suspend me. I was finally tired enough of this stuff to do something. I've been so overwhelmd. I couldn't handle it because even though this is such a little thing there has been bigger things that have happened before it and they have all been piling up. And my parents are wonderful parents. They don't deserve to be talked about like this. You don't know what my family has been threw. So please don't say rude things such as they have "failed" me. This year has been really hard on me. And them I'm really not a spoiled brat.. I take time out of my weekends to help with special needs kids. Every weekend. Me and my mom help with the clean up projects for our community. I'm sorry I have miss spelled stuff. I just like to not care what I miss spell after coming home from school. I asked a question and you people have obviously answered it along with some very rude and hateful remarks.

Oh, I see. You have one standard of speaking and writing in school (where you have a 4.0) and another outside of school?

Anyone who discusses you and your family does so based on info YOU posted. Want the conversation to stop? Drop the subject.

the whole class was talking the only talking i was doing was when someone unplugged my computer. i said stop. one word and i get in trouble. i was saying it as an emergency because the teacher was was going to rite me up for trying to tell him what happened. everyone was laughing and telling him to suspend me. i was finally tired enough of this stuff to do something. iv been so overwhelmd. i couldn't handle it because even tho this is such a little thing there has been bigger things that have happened before it and they have all been piling up. and my parents are wonderful parents. they dont deserve to be talked about like this. you dont know what my family has been threw. so please dont say rude things such as they have "failed" me. this year has been really hard on me. and them im really not a spoiled brat.. i take time out of my weekends to help with special needs kids. every weekend. me and my mom help with the clean up projects for our community. im sorry i have miss spelled stuff. i just like to not care what i miss spell after coming home from school. i asked a question and you people have obviously answered it along with some very rude and hateful remarks.

You're missing the point. The teacher told you to be quiet; you did not. THAT is why you were going to get written up. Nobody gives a rat's royal heiney if "the whole class was talking" - your teacher told you to stop and you were defiant. You were wrong, this is your consequence. Get off the pity train already.

And I'm having a hard time swallowing the idea that your brain shuts down "after coming home from school" to the point where you are unable to properly spell the most simple of words. Someone with your alleged GPA shouldn't have this many issues with remembering the difference of "threw/through."

I also missed any "hateful" remarks. Some were blunt, sure - not necessarily rude. But I saw nothing hateful on this thread.

I stand by what I've said. I'm not saying your parents are not good parents or they have not gone through rough times. But the fact is that you come across here as someone who feels rules don't completely apply to you. And in that attitude they have failed you.

Someone who has worked to maintain a 4.0 average would be proud of their abilities and would not want to appear as lazy and literacy challenged outside of school as you have.

And yes we have been blunt, but not hateful. The truth sometimes hurts and you need to understand that.

Ah! "ventilator". I couldn't figure it out the first time I read it. Thought it was a piece of medical equipment I had never hear of.

Actually, there is such a thing. It (http://translate.google.com/translate?hl=en&sl=de&u=http://de.ipadapps-home.com/vinolator-ipad-407751085.html&ei=iBnYTZmYAY3qgQeqkLhY&sa=X&oi=translate&ct=result&resnum=7&ved=0CFoQ7gEwBg&prev=/search%3Fq%3Dvinolator%26hl%3Den%26sa%3DX%26rls%3D com.microsoft:en-us:IE-Address%26rlz%3D1I7GGIE_en%26nfpr%3D1%26prmd%3Divn s)'s an I-pad/ I-phone ap for measuring surgar content in wine, apparently.

Actually, there is such a thing. It (http://translate.google.com/translate?hl=en&sl=de&u=http://de.ipadapps-home.com/vinolator-ipad-407751085.html&ei=iBnYTZmYAY3qgQeqkLhY&sa=X&oi=translate&ct=result&resnum=7&ved=0CFoQ7gEwBg&prev=/search%3Fq%3Dvinolator%26hl%3Den%26sa%3DX%26rls%3D com.microsoft:en-us:IE-Address%26rlz%3D1I7GGIE_en%26nfpr%3D1%26prmd%3Divn s)'s an I-pad/ I-phone ap for measuring surgar content in wine, apparently.

OK well thanks for the answers and comments. Nothing more is needed.

Closed