Teacher’s confiscation of student’s cell phone upheld
In the Fall of 2008, Anthony Koch attended Sylvan Hills High School in Arkansas. The school had a policy prohibiting cell phones in classrooms. Anthony violated the rule and his teacher, Nancy Adams, took his phone and turned it over to the principal.
Blyzz(Flickr)
The case went to the Arkansas Supreme Court and in March, 2010, it ruled against Anthony. It stated that Arkansas law allows school districts to “prescribe minimum and maximum penalties, including students’ suspension or dismissal from school.” The school is not limited to these penalties – certainly taking a student’s cell phone for a period of time falls within the statutory limits. As the U.S. Supreme Court has stated, courts hesitate to get involved in micro- managing schools unless a constitutional violation has occurred.
Many middle and high schools across the country have cell phone policies in place. Look for the one that applies to you in your student handbook. It should include penalties for violation and how to get the phone back.
*Koch v. Adams, 2010 Ark 131 (2010).
I don’t support cell phone confiscation by school administrators, specifically if the cell phone is kept after school hours:
My concern is not that it cannot be taken away, but rather that its held for an unreasonable time. It puts students and single parents in an unreasonable place . In many cases, it’s the only way parents can track their kids and my concern is for their safety. Unlike many of the cases I have looked at, one can argue that cellphone usage was not a necessity in those times. The usage and dependence on cellphone technology is surpassing legal precedents and they have yet to be challenged in our legal system. While the school board has broad discretion it also has an obligation to respect the civil liberties of its students.
The school board has a legal obligation to consider that taking a cellphone from a student might put that student in danger. Whether the student might have medical emergency or other emergency where a cellphone would be crucial in getting help. Or that the student could be open to physical, sexual, or any other form abuse at home, school, work, or social gathering where they would need a cell phone to get help and or deter someone from victimizing them. For example, all phones have an SOS feature that allows the user to send a signal to predetermine people that they’re in danger.
Could this be a valid argument in court?
Dear Junior: It could be an argument presented to a judge, but whether it carries the day or not depends on many factors. This includes the local laws of the state where this happened, the specifics of the incident, any signed agreements between the student, parent and school attended, etc. Each state and school district has laws and rules regarding digital devices at school. Consequences have been considered by courts in the past with some approved as enforced. You can check with a specific school district for their rules and google the district and “legality of cell phone restrictions” for information about any challenges to the rule. Keep in mind the primary obligation of a school district being the safety of its students and all visitors on campus, whether elementary, middle school or high school. Good luck.
(This is information only – not legal advice).
Once upon a time…. In a galaxy far far away cell phones didn’t exsist. The world was actually a safer place. Children had less distractions and people still seemed to be able to communicate with each other. Honestly when arguments like these are why there are so many brats out there. Their parents are encouraging this behavior. If my kid came crying to me about his cell phone being taken, because he took it out in class, I wouldn’t lift a finger to give it back to him for a good while. It’s called discipline. Try it out.
i think that teachers should not be allowed to take students property with out written consent if you feel the same let me know
In many schools when you sign for and receive the Student Handbook at the beginning of the school year, you have agreed to follow the rules set forth in the Handbook. These may include an “Acceptable Use Policy” regarding digital devices at school including cell phones, iPads, etc.
Seriously? So what you are all saying is that despite the issue that it is a known rule that cell phones are not allowed in school (for obvious reasons: Cheating on tests, not paying attention in school, etc.) it is okay for your child to do so because it is acceptable for them to break the rules? Maybe if they listened to the rules, such problems would not arise. And if they are old enough to drive, why can they not leave the phone in the glove compartment? It’s like telling your child to ignore the rules and not take responsibility for their own actions. Perhaps the matter should be directed to the CHILD who is in direct violation to the known POLICY, not the teacher who INFORCES the RULES.
Thanks for your comments, Kelly.
To take away a child’s property for more than a week that’s not dangerous is wrong and should be illegal!
If the phone belongs to the parent and not the student as is probably majority the case, why is that not considered theft. I don’t have a problem with confiscating the cell phone for the day. My daughters fell out of her backpack, she was not using it, and it was confiscated. My daughter is 18, lives in a small town and I live an hour away. We have NO form of communication other than the phone. Would appear the liability for a school district and town if my daughter was stranded in her car and unable to reach help because they took her phone would be HUGE!!! Lets be reasonable instead of trying to push our weight around. I can understand if the child is using it or being disruptive, but just for having it in her backpack? Come on!! Where is reasonableness and common sense?
Thanks, Mr. Threlkeld, for your thoughts on this. Maybe this matter can be resolved through a meeting with school personnel.
Just what are the statutory limits on these penalties, and is there any requirement that they be related to the violation? For instance, would a school be allowed to impound a student’s car or confiscate his home computer for being late to class?
This seems like a very disturbing precedent.
Dear Jesse: Statutory limits on penalties for violations of the law are a state-by-state matter. Your state may not have a specific law regarding confiscation of a student’s property. Because courts prefer to stay away from micro-managing schools, a lot of the rules and policies are set by school districts. Check the school’s Student Handbook for their policy on electronic media devices on campus. Good luck.
[This is information only – not legal advice].
Shame of you Arkansas. Shame on you. To violate rights, and uphold the violation in the highest court of a state is a sign of waning constitutional protection, and the slowly growing police state.