School related question-

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samangjen
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School related question-

Postby samangjen » Thu Sep 18, 2008 10:38 pm

I have been reading this board for a while and this is the first place I could think of to come to for this non CPS related question. (If that makes sense.)

Anyway, my question pertains to the "no cell phones rule at school" statute adopted by many states and schools.
What is your opinion?

The reason I ask this is: My (high school) daughter had her phone confiscated from her last Friday for checking for a message from me at lunch. (I was suppose to pick her up about 20 minutes early from school, but that was subject to change, if the appointment changed. And if I wasn't going to pick her up, she was to ride the bus.) By the way, I picked her up early, and didn't realize that the phone had been confiscated until we were almost at her appointment.

Angered, I wrote a letter on Sunday to the assistant principal of the school explaining the manners in which the statute was unconstitutional. Any time a person is at risk of losing personal property, they have the right to a trial, in a valid court of law. She didn't get that, the teacher acted the accuser, judge and jury. (Please believe me when I tell you that the letter was better written than my one sentence summary here.) My daughter delivered it Monday.

The asst principal gave a paper to my daughter and told her to tell me it's about the constitution. It was a copy of the school policy that cited the state statute. Angered me even more. Sometimes when a person gets angry enough, the best thing to do is step back for a moment and calm down.

The next day he mocked me by asking my daughter if I had any more lessons about the constitution. The calming that I was trying to achieve was thwarted by this comment.

Anyway, it is now late Thursday/early Friday and I am still not calm. I have looked on the internet and found that the majority of the people that comment on the lawsuits on this very subject are for the school, believing that they have the right to do this. Enough support to make me question my sanity on this subject.

My feeling is that this violates a citizen's inalienable rights. I also feel that it is completely unnecessary as the alleged reason for the passage of the statute is that kid's were talking and texting in class, and cheating on exams via electronic devices. Um, if I'm not mistaken, aren't there already rules that are more constitutional in place in every school that safeguards against these problems? Class disruption, cheating?

I feel strong about this. I am not sure if I am blowing it out of proportion, though. I may be more angered by the condescending attitude of the asst. principal. Reading hours upon hours on this forum, I know that many of you have a lot of the same ideals and morals as I do. And most of you don't mince words. This is why I am asking for your opinion.

Thank you.

Marina
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Postby Marina » Fri Sep 19, 2008 6:26 am

I feel that cell phones in school could save someone's life. There is still a vivid memory of the extensive media coverage of school shootings at Columbine a few years ago, and also at Va. Tech. more recently.

It sounds as if there were a terroist attack at a school, then students would be doomed to certain death without the ability to call for help.

There was a news report several days ago about a teenager who was kidnapped and forced to drive somewhere. The teenager text messaged the police and they arrived, forcing the kidnapper to flee.

On the other hand, I feel like schools and employers have done everything in their power to accomodate phones at school and in the workplace, but all efforts have failed to control the situation. I don't know what the solutions is.

I think this would be an excellent topic for student essays because of the valid reasons for each side. In fact I have suggested this over the last couple of years.

The next time there is an assignment for an essay to be written, maybe students could suggest ways to solve the problem.

I dropped a woman off at court and had to go on to work and let her try to find a way home on her own. She had to hide the phone under a bush.

At one time, court personnel would keep the cell phones for citizens while they were inside. On one occasion, a policeman actually used my daughter's cell phone. We found this out by the time log. This could be a problem if a person pays for minutes.

There has to be a reasonable solution.

Momoffor
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Postby Momoffor » Sat Sep 20, 2008 5:51 pm

as far as cell phones in the school:

It isnt just to stop cheating, but disruption all together. I agree with Marina that cell phones in the school might actually be a safer thing, but at the same time, classrooms here each have a phone in them, and there are too many people who are all too willing to abuse privledges to allow it.

I have gotten repeated letters, rules of school, district rules ect whenever enrolling my kids in school and it always notes cell phones are prohibited in the schools at all times. Part of signing off on reading the rules and enrolling the kids in school is accepting these rules and stating you understand them.

My oldest son is Autistic and just started his first year of high school this year. Since he doesnt talk to people he doesnt know or trust, I had it written into his IEP that he IS allowed to carry a cell phone at school for emergency purposes so he can contact me if something is wrong. We had to get special permissions in order for this to be accepted, but due to his circumstances and history, the permission was granted with a few exceptions.

He is allowed to carry a cell phone at school, but it has to be turned off at all times. If there is a situation where he needs to get ahold of me, he is to go straight to the nurses office, doesnt have to say boo to anyone while there, and once in the nurses office, he can turn the phone on and call me. It took getting many people involved with this, in order for this system to work, but all the 'need to know people' know his situation, so there are no questions asked. He is allowed on a technically of medically needed for emergencies. One of the major reasons this was allowed was not just the need, but the fact that he is very trusted and has never abused any of the privledges he has been given to accomodate him.

At the same time, when I am working, I have always had to notify my employer that I am my childs emergency contact and I have to keep my cell phone with me and on at all times while he is in school. I never had a problem with employers allowing it, with the understanding it would be permitted for emergencies only.

If there is a time that I have to let one of my kids know something, I just call the office and let the sec. know I need to pass along a message.

Go to the meeting or whatever you need to do to get the cell phone back, and dont do it again.

I agree that the vice principal didnt have to be condescending with you, but at the same time citing the constitution as a right to use a cell phone in school would be the same ultimatly as using the constitution to cite your right to bear arms while at school. It would allow a loop hole for other unsavory arguements.

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kelz03103
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good topic

Postby kelz03103 » Sun Sep 21, 2008 5:25 am

perhaps there could be an alotted time and place to make calls, to retrieve messages, there is still the option to call the school office, for example lol, anyone remember designated smoking areas? how bout a designated cell phone area. add say 10 minutes to lunch hour to allow students to get to this area , just an example. I have thought about this topic myself , if my child feels unsafe at school for example if a cps worker detains them for questioning at school, they should be able to call me, not wait til the end of the school day. I also believe if a student abuses the privelege , they should not be allowed to use it. I also have posted this before , my kids are a bit younger, and we had an issue with a bully, which resulted in my child kicking his ass and getting suspended after almost a whole school year of torment. No one was taking my son or myself very seriously. he actually walked off the school grounds , and was punished for that. I had originally told him to go to the school office and demand they call me, never happened. perhaps we are not forceful enough in this area , however if you think of it , how many students would go to the office to have them call a parent, they cant spend their day calling parents , for various reasons. so we're back to the cell phone allowance. let our kids be sneaky, I have concidered having the children carry phones OFF, and if an NEED arises to go to the bathroom, or some such place and sneak a call out. if they get caught they get caught , however if my child ever called with an emergency , and the school wanted to bark about policies being violated, I think the nature of the call and the childs saftey or need to feel safe would OVER rule any school argument. thank you ~Kelz~

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Postby Momoffor » Tue Sep 23, 2008 1:32 am

Here is something interesting that you might want to look into where you live.

My son in high school was telling me today his school CANNOT confiscate electronic materials from students in HIGH SCHOOL (the middle school does and so does elem). He was telling me they can have them, they just cannot be turned on during school hours. If someone gets caught with electronic materials on during shcool hours, they get written up and the parents get a call about it.

Perhaps its to prevent liability? I dont know why, but he told me the school cannot take the items away and withhold them from students.

Its such a touchy subject and one in uncharted waters since the pocket cell phones were not around in my day. (They were the HUGE bulky things that cost thousands of dollars to get one and the rates were astronomical).

I saw Kelz mention designated smoking areas. We were always told if you HAD to smoke to go to this spot that was techinically off campus. Heck, it was a normal everyday thing for people to carry around pocket knives. (They guys carried them in holsters on their belts openly). They werent consdiered weapons, they were considered tools. lol. (My brother even gave me one just in case I needed it and I kept it in my purse throughout high school). Thing is, my Junior year of high school, there were 9 students killed in driveby shootings at the school, but in 4 years of high school, there was NEVER an incident of a stabbing even though everyone and their brother had a knife. (different times I suppose).

samangjen
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Postby samangjen » Tue Sep 23, 2008 11:32 pm

Thank you for your answers. As I guessed, I would get some good feedback with valid points.

True there needs to be rules at school, as there are rules at work. If you don't like the rules, you can change schools or change jobs. If you continually break the rules, you can be ultimately expelled or fired. But if you use your cell phone at work, can they confiscate it? No. Can they tell you that you can't check your messages during lunch? Well, maybe in the most secure of government facilities. If my child uses her cell phone during English class, should she be corrected? Yes.

Can children learn to use their phone responsibly simply by a rule that takes it away for as long as the school feels like? No. Can children learn to act responsibly if they use their phone at an inappropriate time, like during class, that they will have to possibly sit in detention and write an essay during that time on why it is inappropriate to text during class? More likely. Would that require more effort on the part of the teachers? Probably.

Our Bill of Rights is there to protect citizens from being unreasonably prosecuted, as the forefathers who made the rules had not been allowed. Laws that do not include actual harm to another are merely there to control us. (One example, CPS.) Really, do we need CPS? No. If you physically or mentally harm a child, it might start out in CPS, but where does it end up? In an actual court of law. Except for those of you who have had the unfortunate addition of actual abuse charges, the rest of us who simply "maltreated" our children end up in some court that is closed and biased. (Not saying that the regular courts aren't biased.) We are not offered counsel if we cannot afford one, and we are not even actually charged with anything, however we can be forced to jump through hoops to retain our precious children, and be found guilty.

Are there people in this country who are behind CPS? Of course. Are there people who agree with a no electronics rule at school? Even though it appears that most of you are "on the fence", yes, there are others that think it's the solve all problems in school. Do either solve the problem that they are created for? No. Why not? To me, the answer is simple. They do not follow the original intent of this country. They make the idea that something might happen, illegal; not than the illegal act itself. They do not teach self- control. They teach dishonesty.

For the suggestion that I go to the meeting (or whatever they requested), I wasn't involved in any way. The school didn't notify me, nor intended to. It was my daughter who did. So, had my daughter not have been honest, I would have never been informed at all. She could have easily said, "Oh, I left it at school." So, if I signed papers authorizing them to take her phone (btw, those papers are still sitting here waiting to be filled out. :wink: , sorry, I learned to be cautious of signing stuff I didn't fully understand a LONG time ago. ), then they promised to notify me any time that my child is disciplined. So, which is the worse of the two evils?

Where I live state statute allegedly allows the school to adopt a "no electronic devices" rule, as long as it is printed in the handbook. In checking area schools, our school is the ONLY school that doesn't have specific rules as to the consequences other than, the school may confiscate the phone for as long as the designee (unspecified as to who that is) deems necessary. Other schools state specifically, (example) 1st offense, warning; 2nd offense, note to parent and returned at the end of the day.... One school even has a designated area for cell phone use (like suggested here). Ashame the school is over an 1½ away, it has high (educational) rankings, too. (I do have other issues with this school aside from the cell phone issue, and I'm am working on a better solution to my children's education.)

I apologize if I seemed to be bashing the very comments that I asked for. That is not my intent. I do agree with the fact that cell phones do cause problems when misused during school. I just feel that just because it looks like a law/statute, doesn't mean it is legal. With other ways to stop the problem, examples suggested above and in your (plural) posts, it seems to me that the school shouldn't get away with something that to me takes away yet another constitutional right (the taking of personal property can only be done in a criminal suit in a court of law.). If I would have taken CPS on their word of what is written in the statutes as being valid, I would probably still be fighting to get my daughter back, and they might have gotten my other two, and taken my fourth after she was born. I do see, though, how it might have been handled a little different and the constitutional rights speech could have been saved for later.

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kelz03103
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good topic

Postby kelz03103 » Wed Sep 24, 2008 2:49 am

I don't know if you have a social worker at your childrens school, but we do, I said for years our "coucelor seemed like such a wanna be social worker, turns out she is. why am I mentioning this here ? its to ask, if the more you stir things up if you may possibly fall into the watchful eye of this person who will find things to turn you in for. which has happened to me. I went to the school demanded a meeting with one of her reports in my hand and showed it to her, and questioned her about it(no threats) cause that would be an illegal act, and I woul be arrested. then I informed the school that they are never ever to talk to my children in some office or allow my children to be questioned , EVER, without me, Or I will sue. and I let them know that my children will be carrying the following card at all times. card reads: NOTICE TO GOVERNMENT AGENTS: You are hereby informed that I have a RIGHT to have my parents present prior to answering ANY questions. I am now excercising that right and request that you contact my parents Immediately.

Our children have rights , they also have a right to have US as their parents speak on their behalf, also being held by a government agent , is A.an illegal seizure. this action is obviously a gross misuse of authority.not to mention we all have a right to NOT speak , and to also have a lawyer. I am sure am missing examples here, and the school did try to fight me on it , they lost, siting school policies,, mandated reporting, and state statutes, and I plainly told them, they are trained and told to believe these, however , belief or not they do NOT OVER RIDE THE CONSTITUTION, and then I read it to them. lol . I ask my children every single day if anyone has questioned them in any way:) the answer is NO. I am sorry I got off track a bit here , back to the cell phone, their policy is WRONG ,they cannot hold a cell phone worth more than $20 I believe, for an indefinate amout of time "as deemed necessary by the .... school." did you get it back? heres how I think our country is breaking down, first we have our constitution, over ruled by state laws, which is wrong, then after the state laws you have cps version of laws and policies, and then schools laws and policies. so for me I have to fight the school then cps , then the state , then maybe my constitutional rights will be upheld. this has been a great topic, thank for bringing it to the boards, good luck in the future. ~Kelz~

samangjen
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Postby samangjen » Wed Sep 24, 2008 7:48 pm

Actually my daughter got her phone back on the following Monday, on Tuesday he asked why she didn't pick it up the Friday it was taken.

But, right now that is really the least of my concerns. My daughter was raped on Sunday morning. I found out on Monday. My speech yesterday was really me reminding myself that this idiot has the right to a jury trial. I don't just scream for my constitutional rights when it serves my purpose. I truly believe in them. I am now concerned that CPS will be knocking on my door again. The detective said that because she is 16 that they are compelled to notify CPS. Great. I don't have the energy to fight them right now. My daughter went through about 7 hours of questioning and the exam. I went through about 5 hours. They asked me questions like if she was the type of child to do something for attention, how are her grades, does she do drugs. I feel like if I answered something wrong they will be knocking at my house saying "you're a bad mother, you didn't answer question 76, 99 and 121 correctly." And then, WE had to find the vehicle that it happened in and where he lived. They even wanted a picture of him. My daughter only knew him as the brother of a friend of hers. I am exhausted and can't sleep and my daughter seems to be handling it better than me, even through the "news" has already spread through the school.

All I can think of is that if there weren't all these stupid pseudo-laws around that the police would have more time to devote to things like this and I wouldn't have to do their leg work for them. And I am thinking that after we handed them the boy on a silver platter (which involved me actually driving up to his house and stopping long enough to get his license plate number, with my daughter-she needed to verify that it was the truck.), if CPS tries to start anything, I think I will just go insane. Will they claim that I placed my daughter in danger by going to the house? She wanted to look in the truck to be sure, but I wouldn't let her out of the car. But that is how they work. They like to prey on the weak. They thought I was weak before, single mom, new to the area, no apparent family..., but they found out different. This time, I started a battle with the school, now this happened. I guess in reality if they would start something I would have to find the strength, and I'm trying not to worry about it, but in the 5 hours that I spoke with the detective, that is the sentence that stuck in my mind.

So anyway, for now this specific battle is placed on the back burner, but it will not be forgotten.

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kelz03103
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sorry

Postby kelz03103 » Thu Sep 25, 2008 4:02 am

Jeeeze I am sorry to hear your daughter has had further trouble, IT IS NOT YOUR FAULT! stay strong, YOU WILL BE OK. and when they come knocking politely tell them, they cannot come in , they can NOT talk to your daughter , if they do it needs to be taped with you present, they need to follow their OWN rules and not traumatize her further by asking questions over and over and making her tell her story over and over, ONCE is enough. tell them you cannot speak to them at all at this time, and that you must first consult with your attorney, then if need be call one and get a free consultation, do NOT let them in your house to get evidence, if you end up in court , don't panic , you will get a free lawyer. The Vice presidential Canidate Sarah Palin has a sexually active daughter who got impregnated at 16, because mommy wasnt supervising her properly, (I think thats a crock of chit) BUT , if it were you or me, they would say that , but Sarah Palin and her daughter are held up as a role model family. wow talk about a double standard. if you wanna contact me by email, or Instant message feel free, I am online a lot. my e-mail is [email protected], of course you know I am no legal genius, just trying to make you feel better, and hope that I am being helpful. ~Kelz~


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