[nevergolet2]

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!

[ScottGem]

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.

[Fr_Chuck]

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

[JudyKayTee]

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?

[AK lawyer]

... 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.

[JudyKayTee]

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.

?

[Wondergirl]

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."

[JudyKayTee]

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...

[Wondergirl]

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?

[JudyKayTee]

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.

[nevergolet2]

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.

[ballengerb1]

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.

[nevergolet2]

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.

[ballengerb1]

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?

[nevergolet2]

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?

[DoulaLC]

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.

[JudyKayTee]

- 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.

[nevergolet2]

- 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.

[Fr_Chuck]

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.

[AK lawyer]

...
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: