Edudemic

While I do feel that teachers can and should confiscate electronic devices that cause distraction or disruption in the classroom, the circumstances in which a teacher or administrator can search files on those devices needs to be clearly and directly stated. If the Virginia AG feels that "if a teacher has reasonable suspicion that a student is breaking state law or school rules with his cellphone or laptop, the teacher can confiscate it and look at stored messages or content" and a school prohibits such devices in general, then by that logic merely receiving a text message allows a teacher to view other private conversations that may not have even taken place in school or during school hours? Cyberbullying IS a huge problem, but draconian invasions of privacy are not the solution.

After 23 years in juvenile court, I believe that teenagers often learn from the experiences of their peers, not just from being lectured by those in authority. Consequently, “Teen Cyberbullying Investigated” was published in January, 2010. Endorsed by Dr. Phil ["Bullied to Death"], “Teen Cyberbullying Investigated” presents real cases of teens in trouble over their online and cell phone activities. Civil & criminal sanctions have been imposed on teens over their emails, blogs, text messages, Facebook and YouTube entries and more. TCI is interactive and promotes education & awareness so that our youth will begin to “Think B4 U Click.” Thanks for looking at “Teen Cyberbullying Investigated” on http://www.freespirit.com [publisher] or on http://www.askthejudge.info [a free website for & about teens and the law]. Regards, -Judge Tom

The teacher is responsible for the welfare of students in a classroom. If this means that they need to take action, then they are given the legal means to do that in a balanced and professional manner. This idea that cellphones or personal technologies can be brought into schools without consequences to creating digital divides among young people, or even to the impact on the culture of a group of people is frankly not well thought out. The people who are advocating this need to be held high today and tagged with the responsibility for pushing personal devices into classrooms. When it goes wrong, they are complicit with the consequences.

"Confiscate," as in take away from a student for inappropriate use and later returned to either the student or a parent/guardian? Yes, by all means, just as we would confiscate any item being misused by a student. But, if you mean should teachers/administrators search student-owned phones or laptops, being used appropriately by the student, then I have to say, "it depends." In much the same way an administrator can search a locker or student backpack when there is a suspicion of theft or possession of contraband, it may be necessary to review some contents of a student's electronic device. This is not to say that admin should review the contents of any device they come across (say a phone taken away from a student because it rang in class in violation of school policy), but there are times when it is appropriate. I wouldn't want a teacher taking this responsibility on, but as an administrator I feel it is an important tool in my toolbox. I take issue with Mr. Whitehead's comment, "They have one job – teaching students. They’re not law enforcement.” While it's true we're not law enforcement, teaching students itself requires many, many other jobs be done. Chief among these is maintaining a safe and orderly learning environment, and doing so will occasionally require search of a student's belongings. We (at least here in California) don't have to meet the same requirement for probable cause as law enforcement officers on the street. As with a search of student belongings, search of electronic devices should be done with regard for student privacy (as the advisory stated with regards to inappropriate images of students) and respect for their civil rights, but a greater concern is the safety and security of the student body as a whole. Mr. Whitehead expressed a concern that some administrators may abuse this authority- certainly, there are ways of addressing such abuses in place already via the complaint process. Prohibiting school officials from searching student electronic devices to prevent abuse is akin to blocking social media or the internet because of the potential for student misconduct- appropriate training in the use of the resource is a much more reasonable approach.

I don't believe that teachers have a right to confiscate a student's phone or laptop. If a student does not want to pay attention, they are not going to pay attention whether or not they have a phone or laptop. You cannot force anyone to do something they do not want. In college, professors do not take phones if one of their students uses them. If they don't pay attention then it is their responsibility. In high schools, the students need to be treated like young adults and not little children who have to be babysat. Sure, if they are causing a disturbance then send them out. But if they are using their phone for whatever reason and not disturbing anyone else, taking the phone only gives the student a feeling of defiance and want to create even more of a disturbance. And I agree with the article: a teacher's job is to teach...not act as law enforcement. If the teacher suspects that something illegal is going on, then the teacher should notify the appropriate law enforcement agency. And searching a phone or laptop? Inexcusable and outrageous. Since when does anyone, other than the police, have the right to go through someone else's private information? I'm pretty sure you would not like it if someone just "suspected" you of doing something illegal and just went through your personal info to monitor you essentially. You might argue that we are talking about minors and that since they are not adults they need to be cooperative with the rules. Essentially that is saying that upon becoming 18, all of a sudden you can just break the rules now even though there are consequences. It would be different if someone had a knife or a gun. But a phone? If it is against school policy to use it during class then so be it. But a teacher has no right to confiscate an item. They are not the student's parent and they are not a law enforcement officer. Do the job that they were hired to do.

While I do feel that teachers can and should confiscate electronic devices that cause distraction or disruption in the classroom, the circumstances in which a teacher or administrator can search files on those devices needs to be clearly and directly stated. If the Virginia AG feels that "if a teacher has reasonable suspicion that a student is breaking state law or school rules with his cellphone or laptop, the teacher can confiscate it and look at stored messages or content" and a school prohibits such devices in general, then by that logic merely receiving a text message allows a teacher to view other private conversations that may not have even taken place in school or during school hours?
Cyberbullying IS a huge problem, but draconian invasions of privacy are not the solution.

After 23 years in juvenile court, I believe that teenagers often learn from the experiences of their peers, not just from being lectured by those in authority. Consequently, “Teen Cyberbullying Investigated” was published in January, 2010.

Endorsed by Dr. Phil ["Bullied to Death"], “Teen Cyberbullying Investigated” presents real cases of teens in trouble over their online and cell phone activities. Civil & criminal sanctions have been imposed on teens over their emails, blogs, text messages, Facebook and YouTube entries and more. TCI is interactive and promotes education & awareness so that our youth will begin to “Think B4 U Click.”

Thanks for looking at “Teen Cyberbullying Investigated” on http://www.freespirit.com [publisher] or on http://www.askthejudge.info [a free website for & about teens and the law].

Regards, -Judge Tom

The teacher is responsible for the welfare of students in a classroom. If this means that they need to take action, then they are given the legal means to do that in a balanced and professional manner.

This idea that cellphones or personal technologies can be brought into schools without consequences to creating digital divides among young people, or even to the impact on the culture of a group of people is frankly not well thought out.

The people who are advocating this need to be held high today and tagged with the responsibility for pushing personal devices into classrooms. When it goes wrong, they are complicit with the consequences.

"Confiscate," as in take away from a student for inappropriate use and later returned to either the student or a parent/guardian? Yes, by all means, just as we would confiscate any item being misused by a student. But, if you mean should teachers/administrators search student-owned phones or laptops, being used appropriately by the student, then I have to say, "it depends."
In much the same way an administrator can search a locker or student backpack when there is a suspicion of theft or possession of contraband, it may be necessary to review some contents of a student's electronic device. This is not to say that admin should review the contents of any device they come across (say a phone taken away from a student because it rang in class in violation of school policy), but there are times when it is appropriate. I wouldn't want a teacher taking this responsibility on, but as an administrator I feel it is an important tool in my toolbox.
I take issue with Mr. Whitehead's comment, "They have one job – teaching students. They’re not law enforcement.” While it's true we're not law enforcement, teaching students itself requires many, many other jobs be done. Chief among these is maintaining a safe and orderly learning environment, and doing so will occasionally require search of a student's belongings. We (at least here in California) don't have to meet the same requirement for probable cause as law enforcement officers on the street. As with a search of student belongings, search of electronic devices should be done with regard for student privacy (as the advisory stated with regards to inappropriate images of students) and respect for their civil rights, but a greater concern is the safety and security of the student body as a whole.
Mr. Whitehead expressed a concern that some administrators may abuse this authority- certainly, there are ways of addressing such abuses in place already via the complaint process. Prohibiting school officials from searching student electronic devices to prevent abuse is akin to blocking social media or the internet because of the potential for student misconduct- appropriate training in the use of the resource is a much more reasonable approach.