With the increased access to technology and more importantly, the increasing number of students who possess cell phones, school districts need to be very cautious of how they deal with the misuse of cell phones in the school building and if the policies they have in force will protect them from litigation. In March of 2011, Texas Judge, Nancy K. Johnson, found a high school student’s Fourth Amendment rights under the U.S. Constitution were violated when an assistant high school principal confiscated her cell phone for violating the school’s no cell phone policy. After taking the phone, Assistant Principal Stephanie Langner turned on the phone to confirm that the student was indeed texting. However, instead of just viewing the inbox and outbox for times, which was justified by her reasonable suspicion for confiscating the phone, Langner proceeded to open the text messages and eventually discovered a nude photo that had been sent to another student. Applying the T.L.O. test, Johnson concluded that Langner went beyond her constitutional limits when searching the contents of text messages contained on the phone (Heller, 2011; Brinkerhoff & Wallenchinsky, 2011).
The case of Jennifer Mendoza v. Klein Independent School District has brought to light the need for school districts across the nation to be extremely cautious when confiscating cell phones for violation of use policies. The Carroll Middle School policy on the use of electronic devices was recently revised to state that students could possess, but not operate such devices during the school day. Students violating the policy may have their device confiscated, receive a detention and must have a parent retrieve the device from the office. At no time, is any staff member given permission to search a student’s cell phone for evidence of use. Many districts have implemented similar policies, but is it enough to protect school districts across the nation from litigation?
Brinkerhoff, N., & Wallenchinsky, D. (2011, March 22). Texas judge challenges right of schools to search student cell phones. Retrieved from http://www.allgov.com/Controversies/ViewNews/Texas_Judge_Challenges_Right_of_Schools_to_Search_Student_Cell_Phones_110322
Heller, M. (2011, March 20). Texas teen scores legal first in 'sexting' privacy case. Retrieved from http://www.onpointnews.com/NEWS/Texas-Teen-Scores-Legal-First-in-Sexting-Privacy-Case.html
Cell phones have become a "must have" item for students across the country. With the pace of developing technology, soon phones will be connected to all parts of our lives. For example phones already have the capability to start your car, buy practically anything, and provide instant access to games, maps, and the web. Cell phones are here for good, and I can't help but wonder if there is a way for schools to embrace the technology as opposed to banning it. Students using phones during the school day when they are not supposed to, is an everyday occurrence. Most of the time, they don't get caught.
ReplyDeleteBut a staff member reading text messages is an iffy subject. If that staff member intercepted a hand written note and read it, would it be the same issue. If they messages revealed threats/plans to harm another student, would that also be different. In my opinion, if students are taking the chance of texting during times when it is not allowed, then it is a reasonable assumption that the message will be read, just like the hand written note. Either way, student cell phone use is a battle that is only just beginning.
Personally, the fact that students remove the battery from the phone when it is confiscated incriminates them. I think the issue at hand is going above and beyond reading what is necessary.
ReplyDeleteI agree that if they could be embraced as an educational piece, the likelihood of them being used throughout the day would diminish. With the emphasis on reading, especially in our building, and the capabilities of smart phones, it is quite possible that a student could be reading a novel on their smartphone during free reading time. I just downloaded a bookshelf app on my iPhone. We allow students to bring their e-readers to class, they would have a justifiable argument if they said they were reading a book and not texting. Something to put a little more thought into, that is for sure.