Parents file larceny charges over lengthy cellphone confiscation
By Darren Murph 
posted Nov 18th 2006 6:51PM
posted Nov 18th 2006 6:51PM
Sure, time is money, and nobody has time to wait around to make a phone call, but two parents in Lone Grove, Oklahoma are exemplifying the bounds of being impatient by filing larceny charges against a high school principal and superintendent. Based on an estranged rule that we seriously hope isn't widespread, students are not allowed to have any sort of "wireless telecommunications device" on their person during school hours, and when a cavalier student's mobile rang in the midst of class, it got snatched -- for five days. Based on the "school handbook," officials have the right to confiscate cellphones for a full business week if a student dares to bring one on campus, and reports explain that the superintendent has no inkling to return the device a moment too early. While we can understand how hopeless the poor child must feel without his connection to, well, everything, we're hoping the charges lead to fewer restrictions at Lone Grove High School (and beyond) for everyone's sake, right kids?[Via Fark]
This is exactly what is wrong with America today. It's called personal responsibility. Something parents have forgotten to teach their kids. Instead of the parents supporting the school, they try to change or bend the rules, resulting in the kids thinking it's ok in any situation.
end of the school day should be the limit, even on the 50th violation. The school should punish the student by some other method, thats why there is detention.
If you're a student in high school and are stupid enough to have your cell phone on or not on vibrate, you deserve to have it confiscated.
WOW !! When I was in Highschool pagers were taken away. I feel you children.
Total bull. Sure, the kid is an idiot for not having the cellphone on silent, but I don't think anyone should have the right to take away a cellphone from a student.
A few years ago I was still in highschool - I had a Dell Axim with me in class. When I finished my work, I turned it on to flip through an eBook - my teacher instantly popped up at my side and attempted to confiscate it. I told him to STFU and get lost - it's my property, it's not bothering anyone, and as far as I'm concerned, he can bitch all he wants - my gadgets don't get confiscated. Eventually he gave up and went away (pissed)...
I'm a student in New York City in Stuyvesant High School. They're doing this but on another level. Not only can one not bring phones to school (whether its off or not), but one cannot bring any type of music device or headphones. If they are confiscated, students cannot get them back on their own and have to have a parent/guardian retrieve it for them. Considering that over 50% of our student population has to commute 1 hour+, this can easily equate to more than 5 days in this article.
Student in dallas, we can take it to school but it should be turned off, most teachers don't mind if it's on silent, can't be taken out of pocket or backpack, if it rings or vibrates, it's taken up and is given back to you for a 15 dollar fee. ipods and mp3's on the other hand, are allowed to be taken up for as long as they want, even till the end of the semester.
back when I was in high school, my school did this and I personally thought it was great that they did, though there reasoning was stupid (cell phones = drug paraphernalia somehow)
Having a cell phone, especially for a high school student, is an important safety tool. A kid needs to be able to get in contact with someone in case of an emergency. To take a kid's cell phone away for a week puts them in danger.
Parents don't buy their sons and daughters cell phones to conduct business. They get them so that they can get in touch with them when necessary. Have the kids shut them off during the day, but telling them that they can't have them at all is a great way to needlessly put them at risk.
Zach, do you really think that a student needs a cell phone at school? Why are we raising a generation of scared children? It like not having a cell phone instantly puts one in danger. How in the heck did the last 50 years of kids do it without them? Oh yeah parents wouldn't just use the digital leash to watch their kids, they would watch them. Now I am not saying that kids should be able to have cells, I am just saying that taking a kids phone away for 5 days isn't going to harm them but i probably will teach them a lesson.
if they are in school and have a emergency, the school would most likely let you use one of the office phones or a teacher's phones. and some schools also have pay phones on campus. so there is really no reason for students to have cell phones in school. They can leave their phones in their car (or if they ride a bus, have the driver call someone if there is a emergency)
phonenerd to answer your question...YES we are raising a generation of scared children. Hence the reasoning behind 10 year olds having 300$ cellphones! Just look at how many children today DON'T go outside because their parents are too afraid that something might happen to them & too busy to be parents to watch over them & spend time with them & ensure that NOTHING does. I sincerely hope this judge throws out this case & a frivolous lawsuit. In my day it was pagers. And I TRULY agree that any teenager or tween that has the nerve ot have their cellphone on in class, is a moron & obiously not responsible enough to have one IN THE FIRST PLACE. I think the minimum it should be taken away should be a week. We have to teach our children PERSONAL RESPONSIBILITY for their actions! And lessons like this learned the hard way, DO JUST THAT.
My high school did this to a degree. I was smart enough to never let my cell phone be seen. But if it had been spotted, there is no way in hell I would have handed it over. And if they had called home, my mother would have given them an earful as well.
Does anyone remember Columbine?
Mobile phones are not just for safety they are also becoming a part of the modern world. Through the technology of SMS and other mobile functions of a phone these can become valuable tools for students and schools. Just imagine getting a reminder message about a test, school event or even a notice of your latest test grade. I work for a major university and I know that our recruiters use SMS to reach out to possible students. A school that does not recognize the possibilities of a technology in an academic environment is doomed to fail in its ability to continue to reach out to their students. I am not saying give students a blank check but with guidelines and some proper guidance on appropriate use mobile phones and other technologies they can become valuable tools for educating our youth.
Under no circumstance should a school be able to take possession of a student's property for any longer than until the end of the day. I personally do not believe that the school should have the right to confiscate a student's belongings at all, but that seems to be unavoidable.
That said, the title should be "Parents" rather than with an apostrophe.
ok...well, i hate to say this but i am a senior in high school and i go to school in edison new jersey, and yes that rule also applys in my school, and i totally think it is crap....b/c when i dont have my blackberry on me, i feel totaly lost (literaly)....there should be no reeason why we cant have a device on us, but put on silent or on viberate!!!
Yes, yes, personal responsibility is all good, but in this instance, it's a stupid rule, and this is about the only recourse the student can take to try and remedy the situation.
@phonenerd. That argument that people got by without against kids having cell phones is stupid. You could use it against any technology whatsoever. Humans got by without electricity for a few thousand years, but that certainly means that we now don't need electricity.
@fryestarrter
"Just look at how many children today DON'T go outside because their parents are too afraid that something might happen to them & too busy to be parents to watch over them & spend time with them & ensure that NOTHING does."
Yea, this is a popular stereotype, but do you actually know anyone like this?
Also, having a cellphone on in class, is not a matter of "nerve." People forget, and a small transgression like that should be forgiven. Or are you saying you've never forgotten to turn your cell phone off when you should have?
I agree that schools should never be allowed to confiscate any student's legal property. Cell phone bans in school are stupid.
Im glad at my school I can answer my phone in class. lol. atleast for most teachers. The maximum trouble ive been in with a phone it got taken away at lunch and i picked it up from the office after school the same day. I think they've got the right idea.
In California cell phones are illegal for students to have at school. At the school I teach at the kids the kids are always on the phone. I personally cant see how you could confiscate the phones. I mean it would take a storage truck to lock them all up.
Schools are for learning. A whole lot of people got by for a long time without any cell phone so safety is not really an issue, it is a smoke screen. Also just taking the cell phone away for a day does not really teach the juvenile a lesson. Taking it away for five days does teach them a lesson.
School is for learning not for answering cell phones/text messaging in class while you should be listening to the teacher.
I would be willing to bet that this same student won't leave his cell phone on when he is in class anymore.
Cell phones are not a right, they are not a necessity, they are a convenience. They should definitely not be allowed in school (kindergarten through doctorate level classes).
doctorate classes, i 100% disagree with you, b/c after you get to the age of 16-17, you should be responsible enough to have your own cell phone anyway...and if you do something stupid with it, then you get it taken away, but to be college level and above, i dont care if your a retard, you have the right to have whatever, electronic device you want on your person at all times!!!
does that sign really mean "preparing today's students for tomorrow's" ... what, students? or maybe they should make that sign a little less confusing
My school had a policy like this. If they see the cell phone, they took it away. You could argue with the teacher and they would back down. The theory behind the rule is "OMG ELECTRONIC COMMUNICATION = DRUG DEALER" from the 1980s and pagers.
Hey, at my school people are texting each other all day (the official rule is that cellphones can't be out during school hours, but it's actually only enforced in class- people text each other all through lunch and the 5-minute passing breaks between classes) because it's vital to communications. When sports practice is cancelled, the teacher/coach texts everyone on the team. Most club meetings at school are also arranged by text or phone call. Sure I could use the office phone in an emergency, but the size of the school campus makes that prohibitive sometimes (100 meters and 4 flights of stairs, and sometimes certain lessons are conducted off-campus in a neighboring housing compound) and there's only 1 (there's a fax, but the school has multiple campuses and inter-campus communication has to occur in the form of fax for records, so students generally can't use that unless they're faxing their parents and we all know how many people have faxes nowadays), so on some days if most people didn't have cell phones there would be a line out the office door to use the phone (usually connected with the cancellation of sports practice). The pay phones (still at least 500m away) only take phone cards, with no store near the school carrying them (only a small convienience store selling top-up cards for cellphones- I wonder why?) so that's out of the question. If my school sounds like an unlikely scenario, it is- it's stuck in the middle of nowhere surrounded only by housing complexes and the convienience store doubling as a supermarket. It's an international school in Shanghai, China so obviously Americans are not quite so liberal in terms of cellphoe usage (and if you have to bring up Tiananmen Square to discredit my post, remember that that was nearly 20 years ago and the government is nothing like that now).
Orlando, FL
We arent allowed to have any electronic devides technically, but phones are an exception and are jsut supposed to be kept off during school hours, but most teachers are lax, as long as you arent interrupting class most everythings ok, and even they mess up and get a phone call in th middle of class ocassionly, its not too strict or too serious, just the kind of thing youd expect to keep some level of decency.
If the parents don't like the rules, they can always opt to homeschool.
Damn right they SHOULD be taken away. Kids are useless enough these days in school without messing with their phones or texting their friends. Obviously a first offense shouldn't result in long term confiscation, but multiple offenses should definitely result in the detention of both the student and the phone.
albert sun: I know WAY too many parents who would rather give their kids a cellphone was a means of babysitting rather than watch over them & care about their whereabouts. A Cellphone for a child is NOT a necessity, it is a pacifier! I understand the use of it for safety but this student who's parents are SUING the school & the district had his/her cellphone OUT IN CLASS & It RANG & as a result created a distraction that NONE of the other students needed NOR deserved. This whole ME attitude that we are teaching our kids is DISGUSTING beyond all comprehension. It's like if I say so, then the rules do NOT apply to me. GTF out of here with that nonsense! Our children AND their weak minded lax parental units MUST be held accountable. The rules are there for a reason!
Kerunt, at the school I went to ( & believe me it was really NOT that long ago) you would & should have been suspended for your complete lack of respect for the rules & your teacher. I went to an International School in High School & I can assure you the consequences would have been dire & today you would NOT be bragging about a dayum thing!
Tahama, most of today's teachers have been made into idiots because they have had to dumb down their teaching, their lesson plans, & their disciplinary action because of students like the ones suing this school. The next time you are in school & you are trying to concentrate on your studies (hmm I wonder do you?) & someone else's phone goes off remember that because of the lax enforcement at your school that that student is more than likely going to get away with disturbing your learning experience.
Ladies & Gentlemen what's next, the Cellphone ringing in Church or Mass or Synagouge & the parents of the child suing the spiritual or religious leader/institution because they say something to the child about being rude???
I think that they are going overboard with this. I don't think that schools should be able to take students property, but I think my school has the right idea if they think they have the right to. In my school , if you get your phone taken away, you are able to go and pick it up after school. If this happens more then two times, then your parents must pick it up or be on the phone to authorize you picking it up. Not too bad.
I'm a teacher, I can tell you, It's never been in issue in class, but my policy is simply this: If it rings, make it stop. If it becomes an undealt with distraction, it will be taken away until the end of class. Why the hell are the principals getting involved? It's a phone, good chance it's under contract, meaning not only is it personal property, but someone is legaly bound to it... Why screw with that?
"Zach, do you really think that a student needs a cell phone at school? Why are we raising a generation of scared children? It like not having a cell phone instantly puts one in danger. How in the heck did the last 50 years of kids do it without them?"Uh, #9, phonesoccermom. You're argument is a little epicene and fallacious. How did we manage all those years before antibiotics, painless dentistry or airbags? Well, jackass, we did "manage", but were at more risk without them. The OP didn't say lack of cellphones "instantly puts them in danger." Taking a kid's cellphone could put them in jeapordy if an emergency arises and the one communication option your kid did have is taken away as administrative punishment.
BAILEY, Colorado (CNN) -- As 16-year-old Emily Keyes was being held hostage by a gunman in the last hours of her life, she tapped out one last text message to her family: "I love u guys."
Any one who wants to take away my daughter's cell phone will have to listen to me yell this into their ears
NightWinggl: # as the daughter of a lifelong teacher (30+ years my Mum has taught) I can tell you that principals have had enough! They have had enough of the parents & the ME, ME, ME attitude that they are teaching their children. AS a teacher would you NOT want your students to be good citizens & be considerate of others & their learning experience? You are fortunate that is has if at all happened in your classroom. But I know TOO many teachers who it happens to & not only is t a true distraction, but it is simply put an infringment on the access to learning of other students & JUST PLAIN RUDE. I have NO problem with a parent wanting to give their spoiled rotten bytchy tween or teen & cellphone, where I draw the line is when that cellphone takes away from their own personal learning experience & that of others. Today's kids are dumb as it is thanks to their parents & them not wanting to hurt their feelings or self-esteem(and yes I DO fault educators for not standing up to parents!). Students, WHEN YOU ARE IN CLASS JUST TURN IT OFF! It's as simple as that & there won't even have to be any discussion about the teacher having to take it away.
I have given 3 of 4 of my children cellphones as soon as they entered high school to teach them responsibility (they get straight A's or pay for it) and to communicate with them. They start sports and other activities at this age. With both parents working, no provided transportation for the kids after such events and no commitment from some coaches as to times the kids will be back, there really is no other option. I actually got a response from one coach that the kids would be back from their game between 6 and 7:30. I can be patient - but you have to be kidding me. I need to leave work early 2 or 3 times a week to rush to the school to wait for up to an hour and a half? Perhaps if I didn't have 3 other kids to taxi around. Point is, the phones are a necessity today. But if they abuse them (use them in school) they should be taken away and the parent should be called. I turn my phone to silent during church services, meetings, movies, restaurants, and I do not carry on discussions in stores or doctor offices - that is just rude. Yes, the real world requires cellphones, and the kids are involved in that. But this includes knowing when to use it, and when to keep it off.
I agree phone using during school hours should be for bidden. It has nothing to do with gangs or drugs. If you take your phone out in class and use it it should be taken away. It is an unneeded distraction from class and learning. Kids are there to get an education and learn to be adults.
When my kids are old enough to use phones I will allow them use but only out of school. Not when ever they like. Schools are "SUPPOSED" to be safe places. Why ban all guns too.
If it were up to me and I made the rules this is how it would be: Cell phones would be allowed at school but during actual class it should be off/silent/vibrate and you better leave it in your purse/pocket/backpack or it will confinscated for the rest of the day. During lunch and passing periods you can call/text all you want.
What I describe above is perfectly fair, becuase you go to school to learn, not to communicate with your friends. I have no problem with having a cell phone on you but for the love of God show some courtesy and respect and leave the damn thing alone during class, that is not asking too much.
So if kids can't have cells in school, that would mean we shouldn't have them at work, right? They do ruin productivity you know. And yes half the time schools confiscate them and damage them in some way. THe only time they managed to get mine someone stole my Mini SD out of it.
When school is done for the day, it's done. Public school has no jurisdiction over what goes on outside of the school, outside of school hours. The school has every right not to allow a disruptive student back on campus, but no right to confiscate personal property and hold it after the school day is done. It's equivalent to the principle marching into your house and taking the kitchen table at dinner time because he has decided what you are feeding his student makes the student disruptive and affects school classes.
this is what should be done.
1. schools allow the use of electronic devices at the students own risk but ONLY BEFORE, AFTER AND DURING BREAKS.
3. the school will not get involved with the retrieval of any stolen items unless it disrupts the flow of education in the school environment.
4. devices must be on silent or turned off during class, turning an item off in class is not an excuse.
5. if a student is caught using such a device while class is in session then the following happens
1st, warning or detention depending on the teachers desire
2nd, confiscation of device till the end of the day and detention
3rd, confiscation of device until retrieved by a parent or guardian and detention
4th, confiscation of device until retrieved by a parent or guardian and a days suspension from school.
and if all that isnt enough then MAYBE i would agree that the school holds the item for at the most a semester. either that or the students parents need to start punishing him/her more if they havent after retrieving the phone twice.
I mostly agree with taking the phones but absolutely not the process of notification or delays in returning it to its owner - the parent.
My daughter had her phone confiscated in this way here in GA... She should have known better and was punished both by myself and the school. Still the phone was bought by me and the bills paid by me so I absolutely went to the school and demanded (and got) its immediate return based on the phone being mine and *I* wasn't given due process (public schools being state agencies). I do support the school... My daughter didn't get the phone back from me for two weeks. Nonetheless I felt pretty PO'ed that the school felt that they could seize hundreds of dollars worth of my property - yes i buy nice phones - without notifying *me*.
Issuing a handbook isn't due process any more than posting a speed limit; in the latter there is at least a way to challenge the violation. School board policy does not have the force of law... Only state legislatures can create law, not high school principals or for that matter school boards. They set policy, which is different than law.
Far too often people who work in government - including the public schools - forget that they serve at the pleasure of the people of their jurisdiction. After some involvement by more than just a few parents with the school board, they were reminded of that and the policy was changed to return phones to the parent at the end of the school day if we wished to pick them up.
I would echo the sentiment of mykeltee and Reality Check. In this day and age you just don't know what the heck can happen in the schools anymore and there is every reason in the world that a high-school student should be able to dial 911 from a classroom if the situation called for it.
Not being a rule-breaker generally, the kid never violated the policy again :)
What I have trouble understanding from all this is two-fold:
1. Why is the school policy so draconian? Is the cuurriculum so stultifying that they fear everyone will spend their day texting their friends? Why do they care what the students do at lunch?
2. Why are so many people (here included) so obsessed with obedience to rules at any cost. Yes, a rule was broken, but is that rule any good? A sufficiently stupid rule is indistinguishable from tyranny, and no one should feel compelled to obey it.
"Wireless telecommunications device"? Does this also rule out wifi/BT enable laptops?
I graduated this past fall - at my high school, most people had cell phones, and yes, the occasional person received a call in class. Was it any more disruptive then an ignorant comment by a classmate? Not even close. Personally, I often used my cell phone to access google wirelessly during class to enrich group debates and discussions. (Yes, I am a nerd).
The only circumstances where I can see schools taking any action at all are if the phone becomes a persistant problem, in which case you would treat it as you would anyone disrupting a class, and during exams, in which case you would simply assign a grade of 0.
We all have a dog in this fight! Sometimes it's best to just follow the rules, or the rules get changed on us. Currently, cell phone jammers use is illegal, in the United States, except by federal government agencies and the military. But, read on.....
CellAntenna (http://cellantenna.com) has challenged the FCC in a US District Court on the use of cell phone jammers. If the court sides with the company, it would make it OK for state and local governments to use the devices. The company is leaning on the Homeland Security issue, but victory would also open the door for business with other state and local agencies.
Public school districts (which are part of either the local and/or the state's education system,) hospitals, movie theaters and restaurants are keeping a close eye on the outcome. School districts cite distraction and have added cheating (picture taking of tests) to the argument. Hospitals say cell call signals interfere with medical equipment, movie theaters and restaurants also cite customer complaints about annoyance.
If the court challenge is successful, the state and local officials would then have the law on their side. It is easier to just keep them "OFF" and use them when REALLY needed.
MY QUALIFICATIONS:
I HAVE BEEN A TEACHER FOR MANY YEARS. I AM A PARENT AND HAVE HAD A DAUGHTER IN, ELEMENTARY, JUNIOR AND SENIOR HIGH SCHOOL. I HAVE DIRECT AND FREQUENT COMUNICATION WITH STUDENTS DAILY.
CELL PHONES SHOULD BE ALLOWED IN SCHOOL,THEY ARE A GREAT LINK TO PARENTS AND OTHERS, WHEN THE NEED ARISES. HOWEVER, USE OF THEM, SHOULD BE RESTRICTED TO BREAKS, FREE PERIODS, LUNCH TIME. IN ALL CLASSES, UNLESS SPECIFIED BY A TEACHER THEY SHOULD REMAIN OFF. (NOT SILENT)
MANY STUDENTS, HAVE BEEN CAUGHT MAKING PHOTO COPIES OF TESTS, USING THE MEMO FUNCTIONS TO STORE INFORMATION AND LATER RETRIEVING THAT INFORMATION DURING TESTING. (INSTEAD OF STORING THE INFORMATION IN THEIR BRAIN)
STUDENTS AS WELL AS EVERYONE ELSE NEEDS TO BE TAUGHT TO RESPECT SOCIETYS RULES, RGULATIONS AND LAWS.
THE PERSONAL FREEDOM OF ONE STUDENT SHOULD NOT CAUSE A DISRUPTION OR INTEFERENCE FOR THE MAJORITY.
TAKE CARE AND HAVE A VERY HAPPY LIFE
Americans read what you have written in 20 years time - talk about a bunch of fascists? No this, no that, take away this, take away that - and then you dare to take your nonsense into other countries? Think! I dare you!
wow. all i can say is if communication was the only key argument. then if a provider such as cingular offered the ability to restrict use of phones during times such as school times and certain #'s IE student dialing 911 would the parents use it? doubtful. they dont use the vchip that was mandated. instead they complain. when i was in HS yes this was 18 years ago I had a zack morris phone. was a work phone. and it stayed in my backpack. school had rules against pagers but no phones. anyway that phone stayed off. they could take and they did take pagers and yu didnt get them back. period. back then you payed up front for the pager and usualy the service for the year.
in todays day and age we are such a sue happy nation. we dont know the whole story. just one side. you also have to understand some of these small towns. this kid might have been one of the "i can do what i want cause im so and so" yes we have tons of them in this state. in the smaller towns. the kid could have been a distraction more then once. we dont know.
anyway do us all a favor. when your kids screw up like this. trade that phone in for a firefly and teach them what happens. and please use its restrictive features.
Schools are way too strict on cellphones. One time i noticed my sister forgot her phone at home and since i leave after her because i have a first block spare. when i found her DURING LUNCH BREAK and gave her the phone (that by the way she needed to phone for a ride home after rugby practice) one of the assistant principals immediately GRABBED it out of her hand and refused to return it till the end of the next school day. I don't get the why the schools think they can just confiscate peoples property. they have no legal right to do so, but think they can just walk all over us teenagers who they think don't know our rights. 99.99% of the time students keep their phones on vibrate or silent during class but occasionaly someone forgets to turn it off(noones perfect). confiscating a cell phone past the end of the school day is crossing the line from punishment to theft and the parents should be able to take the school to court.
hey david, its the schools that need to respect societies so called rules, regulations, laws, because last time i checked only the police, can confiscate items from you and even then they cannot even search your person without a warrant, so even if it did ring in his pocket legally the school board cent do shit, and even if they got a cop to try an take it; cell phones are not illegal and don't warrant confiscation anyways.
HATERADE DRINKER - "In California cell phones are illegal for students to have at school. "
Actually this is no longer true. That law was originally passed in the 1980's because of the connotation of cell phones and drug dealers was reversed in 2003.
Should teachers be allowed to take away a students cell phone? Yes. If I remember correctly, every year in school I and my parents had to sign an agreement at the begining of the year which said we would abide by ALL the stipulations in our student handbook. I'm sure my school district was not the only one do to that.
did any of you cell h8ers hear about the kids who got kidnapped, and texted the police?(yes they can be texted) no? did you hear about the kid with an ipod in colorado, got lost in a snow-storm and used the backlight to use as a light beakon? no? oh right, this is about in school u say? remember the amish school? had they used electricity no one would have died a student coudve just texted the police. ok that is extreme......but are you a student? no but you care about not disrupting the learning enviroment? oh i see, that will disrupt the entire class, kids will die, no one can learn, everyone shall flunk every single test, no..its not like that you say? its rude and inconsiderate? wait your NOT over 30? you DONT normally use and egg-timer and you DONT think that the war's still not over? oh so youre young, polite and perfect? YOUR phone never gone off? has it ever been taken up? oh no it hasnt? really? so you don't know what your talking about? oh you DO because you've been in the student place (in the 21st century)?
if you think this generation has unimportant crises, is headed for the worst, or is just stupid, you may want to consider where it came from...