Phone almost taken at school?

Question

Allright well today I had my mile run in gym and I hurt my knee and went to the nurse. And they were sending me home. I texted my mom earlier to let her know what was going on. And when I was leaving waiting for them to finish she sent me a message and the nurse heard the vibration and I put my hand on my pocket to over it up. She told me to give it to her and I said no I was checking the time not texting. And she said if I do it again she's taking it. And our school your phone has to be "off and away from 7-2:25". And if we don't give it to them they take it and I would he suspended for insubordination. Are they aloud to go through my phone? What legal stuff can I say to get out of them taking it?

Answer 1

If you're an emancipated minor who buys your own phones and pays your own bills, you can stop the school from taking it.



Otherwise there's absolutely nothing you can do.



@ Wendy:



Sec. 37.082. POSSESSION OF PAGING DEVICES. (a) The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property or while attending a school-sponsored or school-related activity on or off school property. The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device.

(b) The policy may provide for the district to:

(1) dispose of a confiscated paging device in any reasonable manner after having provided the student's parent and the company whose name and address or telephone number appear on the device 30 days' prior notice of its intent to dispose of that device. The notice shall include the serial number of the device and may be made by telephone, telegraph, or in writing; and

(2) charge the owner of the device or the student's parent an administrative fee not to exceed $15 before it releases the device.

(c) In this section, "paging device" means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor. The term does not include an amateur radio under the control of an operator who holds an amateur radio station license issued by the Federal Communications Commission.



Case law provides that an emancipated minor has no parent from which the school can notify of disposal. Further, depriving an emancipated minor of their phone effectively cuts them off from emergency services and poses a danger to health and safety.



You are wrong on this one.

Answer 2

What don't you understand about "off and away from 7-2:25?"



Yes they can take the phone. No, there's nothing you can legally say because it's a rule your parents (and you, for that matter) agreed to at the beginning of the year.



If you were my kid, you wouldn't get it back either.

Answer 3

Absolutely nothing. You were violating school policy, and you know it. Further, you outright lied about why your phone was on in the first place. Just be glad the nurse cut you a break.

Answer 4

PHONES ARE NOT ALLOWED AT SCHOOLS..

the phone was NOT OFF and away.

And being an emancipated minor has no bearing on that at all. The rule applies to any student.

If someone breaks a known rule, it is subject to being taken. No getting out of it.

Answer 5

YOU BROKE THE RULES. You got a break. Now pay attention in school so you can learn the difference between aloud and allowed.

Answer 6

allowed*