My nephew is a junior in high school. He was texting his girlfriend in class...and to be honest, it wasn't appropriate texts.
His algebra 2 teacher took his phone, and read the texts, then sent him to the principal. Now, my brother in law is furious.
Did she have a right to read his texts? If yes, did she have a right to turn them in to the principal, or is this a personal invasion of privacy?
2007-12-06 02:23:33 · 11 answers · asked by Mommy C. 3 in Education & Reference ➔ Teaching
The teacher has the right to confiscate the phone and read the texts. Schools operate on an "en loco parentis" principle, meaning that they are the parents while the students are at school. Whether they know it or not, most parents approve of this since it is sometimes the only time the child gets any kind of parenting, even if it is by a teacher and collectively with other students. And rules made by the school are not only rules that parents would make for their kids if they were there, but rules to insure a smoothly operating day for instruction; anything that disrupts the educational process is grounds for some kind of infraction.
My guess is that the phone was not allowed to begin with; using it in class is still another misuse of the phone.
What if the kid who shot up Columbine HS a few years back had texted someone and said he was going to do it and a teacher had not confiscated the phone or confiscated the phone and not read the message? This sort of thing is not beyond the realm of reason and is precisely what that kind of rule is attempting to guard against.
Your brother-in-law can be as furious as he wants to be, but the teacher was right and the student was wrong.
2007-12-06 04:01:48 · answer #1 · answered by actormyk 6 · 3⤊ 0⤋
Yes, The teacher has the right to read the text and also send the pupil to the the principal. In a class room there is no place for pupils to be meddling with cell phones
2007-12-06 03:10:41 · answer #2 · answered by wisma29 4 · 3⤊ 0⤋
As far as I know the teacher does not have a right to read the texts. There is an exception, however. If the text or images immediately viewable on the phone are of a violent or threatening nature, then as a safety precaution the phone's content must be searched. But if what is immediately viewable is not violent or threatening, the teacher does not have a basis for searching the phone.
2007-12-06 02:30:18 · answer #3 · answered by Nikolas M 5 · 2⤊ 1⤋
No, it's not a violation of privacy, and no, it's not illegal. You're posting on facebook - this is a public website. You set your security settings to allow this person access to your posts (or your friends' settings do) and you have NO expectation of privacy. Fake facebook accounts may be against the T&Cs but they're not illegal. I agree this is slightly unprofessional but that's it. In any case because you're a student you have very few rights in this situation and you certainly can't sue or have criminal charges brought against this person. Save the complaining about school and/or work for your (paper) diary and change your security settings on facebook.
2016-05-28 10:38:57 · answer #4 · answered by madeleine 3 · 0⤊ 0⤋
I'm pretty sure what he did was perfectly legal. It'd be like reading a note a kid wrote in class. He shouldn't have his phone out and on during class. Check the student handbook. I'm willing to bet cell phones aren't allowed and can be confiscated if impeding learning. He should feel pretty lucky- my husband makes overheads of student notes and let's the class pick apart the atrocious grammar and spelling.
2007-12-06 12:44:47 · answer #5 · answered by elizabeth_ashley44 7 · 1⤊ 0⤋
Basically the school and teacher are on safe ground
Minors have no explicit rights other than basic human rights, like a terrorist bomber or serial killer would have.
Especially in this day of school shootings and student bomb making.
2007-12-06 04:32:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I guess it depends on the school policy on cell phones. As far as I am concerned she had every right to do so. I really dont care for cell phone, granted they are useful and serve many purposes, they also bring out how rude people are.
2007-12-06 02:33:38 · answer #7 · answered by Gus Buckingham 2 · 3⤊ 0⤋
If a student writes a note, and the teacher catches the student, can the teacher read the note?
I think that what she did was questionable, but I don't think it invades his privacy. He's in class, what he does while in class is not private.
2007-12-06 02:44:47 · answer #8 · answered by blizebliz 5 · 3⤊ 1⤋
I'm sure they are very clear beforehand that anything they bring to class that they know they shouldn't is open for confiscation...yes the teacher does have the right in that circumstance
2007-12-06 02:28:09 · answer #9 · answered by gvizzacco 3 · 5⤊ 0⤋
take it..... yes. read it...... no way. it is an invasion of privacy but most teachers are like that. btw he shouldn't even be texting during class so the teacher would obviously take it and read it *most are nosey like that*
2007-12-06 03:21:53 · answer #10 · answered by (: 3 · 1⤊ 2⤋