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  1. #1

    Exclamation Is It Legal for a Phone to Be Confiscated

    Mississippi, Southaven Middle School |
    -----------------------------------------.,|
    Okay, So I was watching a movie in my 5th period class, and my phone goes off. My teacher tells me to bring it to her, so I ask her how long I have to wait and/or if I have to pay a fine to get it back. She informed me that I have to wait Five days or Pay a $40(Ridiculous!) fine to get my phone back. Here is what I want to know; In my school handbook, it SPECIFICLY says "Students who are USING a cellphone in class will have it taken up by the teacher who will then turn it in to the office". This doesn't seem legal because I wasn't using it! Please, tell me if this is legal or illegal. I do not even 'legally' own the phone. I am fifteen! My granparents are handling the bill. Click here for the rule. It's Rule # 10.

  2. #2
    Join Date
    Apr 2009
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    35,894

    Default Re: Is It Legal for a Phone to Be Confiscated in Ms

    The phone was on, and it rang?

    Then you were using it.

    If the phone was off, it wouldn't have rang....

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Is It Legal for a Phone to Be Confiscated in Ms

    So you have NEVER heard of the VIBRATE setting?

    It doesn't matter who pays the bill.

    Actually, the first time I heard about a school doing this I thought the entire fine thing was outrageous and probably illegal.

    Did some legal research. It is completely legal. You have no legal argument that would stand up for a minute in any court.

    Your grandparents could go to the school, show the bill in their name, claim ownership of the phone and demand it back.
    See what the school says? You had possession of the phone but don't have an ownership interest. Technically the school should return it to the rightful owner but who knows what law they know. Of course that is a one trick pony.

  4. #4
    Join Date
    Mar 2011
    Location
    California
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    540

    Default Re: Is It Legal for a Phone to Be Confiscated in Ms

    Quote Quoting Dogmatique
    The phone was on, and it rang? Then you were using it.
    "use" verb: Take, hold, or deploy (something) as a means of accomplishing a purpose or achieving a result; employ.

    Although she was certainly holding the cell phone, her purpose seems to have been to merely retain it, just as she would have been doing if the cell phone had been turned off.

    It seems a stretch to regard her cell phone as ringing as her "using" her cell phone.

    Still, I see under Classroom Courtesies: "Behavior that interferes with learning will not be permitted." Confiscating a ringing cellphone seems like a reasonable response to that discourtesy.

    Next time, leave the cell phone turned off.

    P.S. Feel free to point out to the school that they should spell "DISCIPLANARY ACTION" correctly.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Is It Legal for a Phone to Be Confiscated in Ms

    *2-6 Possession of electronic equipment/device (beepers, telephone, etc) without prior approval of the administration
    DISCIPLANARY ACTION
    First Violation:
    Minimum: Administrator-Student Conference, ALC, in school suspension, home suspension, corporal punishment
    Maximum: School suspension (one to three days)
    Repeated or Flagrant Violation:
    Minimum: School suspension (three days)
    Maximum: School suspension (three days) and/or ALC or up to ten (10) days and/or SAP
    *Students who, after having an student-teacher conference, a student- teacher-parent conference, home suspension, TST interventions, a referrer for an assessment as provided by the Special Services Department, and a FBA, continue displaying behavior which is disruptive to the orderly process of education can be suspended from school, pending a disciplinary hearing.
    Additional disciplinary action for possession of electronic equipment /devices:
    1st offense –School will keep the device 5 school days; or a parent may pay a $25 fine to regain possession of the device.
    2nd offense – School will keep the device 10 school days; or a parent may pay a $50 fine to regain possession of the device.
    3rd offense – School will keep the device 20 school days; or a parent may pay a $100 fine to regain possession of the device.
    4th offense- School will keep the device for the remainder of the school year. At which time a parent may regain possession of the device. If it is not picked up by the parent 30 days after the end of the school year the device will be donated to charity.

    If you wish your child not to receive corporal punishment, a letter must be on file and renewed yearly.

    Quote Quoting SMSChargersFOOTBALL
    View Post
    Mississippi, Southaven Middle School |
    -----------------------------------------.,|
    Okay, So I was watching a movie in my 5th period class, and my phone goes off. My teacher tells me to bring it to her, so I ask her how long I have to wait and/or if I have to pay a fine to get it back. She informed me that I have to wait Five days or Pay a $40(Ridiculous!) fine to get my phone back. Here is what I want to know; In my school handbook, it SPECIFICLY says "Students who are USING a cellphone in class will have it taken up by the teacher who will then turn it in to the office". This doesn't seem legal because I wasn't using it! Please, tell me if this is legal or illegal. I do not even 'legally' own the phone. I am fifteen! My granparents are handling the bill. Click here for the rule. It's Rule # 10.
    Appears as if the penalty is a 5 day hold OR payment of a fine, not both. Looks like you are waiting 5 days ..

  6. #6

    Default Re: Is It Legal for a Phone to Be Confiscated in Ms

    No. It wasn't completely off. I found out later that my power button had failed to do its job. But, I wasn't using it at all.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is It Legal for a Phone to Be Confiscated

    It's legal. This policy is spelled out in the school handbook.

    You'd do well to ensure that the phone is on silent AND in your locker whilst at school.

  8. #8

    Default Re: Is It Legal for a Phone to Be Confiscated

    Okay, thanks for helping.

  9. #9
    Join Date
    Jun 2011
    Posts
    7

    Default Re: Is It Legal for a Phone to Be Confiscated

    Thats clearly reveals the violation of the school rule as it is clearly mentioned in that school rule list.

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