Do Teachers Know Cell Phone Privacy Laws? More Importantly, Do Students?
Just how many people actually know the actual laws pertaining to cell phone use in school? It seems like no matter who you ask, you're bound to get a different answer every time. You hear things like: You lose your rights over your phone when you get to school, and Teachers can take your phones, and countless responses of I don't know. So what really are your rights as students when it comes to technology?
Unfortunately, some rules are up to each school's policy, making it hard for students to know what the rules are unless they dig out their student handbook.
According to the American Civil Liberties Union (ACLU) and the California Department of Education, it's up to each school to decide whether or not school officials can confiscate phones. However, only school officials can take a phone from a student. This rule exists because phones must be held for safekeeping in the office.
The MIssion Vista policy on cell phone use, according to the Student Handbook states: Cell phones, iPods, MP3 players, and/or other electronic devices are permitted but must be TURNED OFF and put away (not visible) unless they are used for instructional purposes with the teacher's permission. Earbuds may not be in the ears or around the neck during class time. If a student is found using any of the above items, the item will be confiscated and turned into the front office.
So what if a teacher does ask to take your phone? First of all, don't get upset. If you are uncomfortable handing over your phone, you have the right to take it to the office yourself, or have someone from the office come to the classroom to collect it. If you are a teacher: respect your student’s wishes to have it taken by an administrator.
When asked if she knew student cell phone rights, senior, Alexandra Wang said “No, I didn't know there even were laws pertaining to who was allowed to take a students phone. I assumed teachers were allowed because we've always been given that ‘you're minors and you give up certain rights when you go to school’ spiel.”
The right of administrators to search a phone once they have confiscates it is an entirely different situation. First of all, a school must have “reasonable cause to look through the student's phone." Information on a phone that could be seen as a threat to a school or the people in it, or contains evidence that needs to be used in a legal case. After that, the school must get a warrant to get into your phone.
When asked whether or not she knew about the student cell phone laws, Mrs. Dumbeck, yearbook and journalism teacher said: “Right off the top of my head, I don't really know. I have some personal classroom policies, but for the actual laws, I would have to look them up.”
Clearly, something more needs to be done when it comes to educating the school community on their rights to ownership and privacy. The question is, what? Should incoming students be given information or be told what their rights are, along with the rest of the school rules? Do teachers need to make a point of printing more specific phone rules in their syllabus?
No matter how the issue is tackled, students, teachers, and administrators will benefit from not only knowing, but following the phone guidelines placed for them.