Legal question about school? Are they overstepping boundaries? - General

[QUOTE=ZekeTwo;24380758]When you're under 18 your parents are your legal guardians and make legal decisions for you. For example, waiving certain rights on a school enrolment form. When you hit 18 those contracts are nullified.[/QUOTE] No, 16 is the age of consent. I have complete legal control over myself. I could get emancipated if I had a steady source of income. Not to mention they can not require you to waive rights in an enrollment form.

[QUOTE=Jawalt;24380784]No, 16 is the age of consent. I have complete legal control over myself. I could get emancipated if I had a steady source of income. Not to mention they can not require you to waive rights in an enrollment form.[/QUOTE] Is it 16? Alright, but the main point still stands. And most people aren't emancipated so your parents are still your legal guardians until you're 18. And your parents do sign a few things when you're first enrolled, one of those being a consent form that declares the school as a legal guardian during school hours. But that doesn't count anymore when you're 18. (Or an emancipated 16-year-old, if that's the case)

It may depend on state too.

school is a prison: - they make you follow a dress code, so you can't wear your own damn clothes and have to follow either a specific uniform or a list of things you're not allowed to wear - even if your phone isn't distracting anybody else, they have the right to take your personal property away from you for no reason because it's your choice whether or not you want to pay attention - you're fed processed garbage that will clog your arteries in 10 years and give you a heart attack in 20 lol freedom

You're on their property, "enjoying" their services. They have the right to dictate what you can and cannot do while there. If you have a problem with their cell phone policy, there's homeschooling.

dude it's not that hard.. just don't get caught.

[QUOTE=Valdrone;24380901]You're on their property, "enjoying" their services. They have the right to dictate what you can and cannot do while there. If you have a problem with their cell phone policy, there's homeschooling.[/QUOTE] You're the kind of person who just waives his rights away. You're legally entitled to schooling, it's a right not a privilege .

You guys are lucky, if my phone slips out of my pocket it's gone for 30 days, 2nd offense means you'll never see it again for the school year, but it's probably because it's a DoDeA school.

[QUOTE=Jawalt;24380933]You're the kind of person who just waives his rights away. You're legally entitled to schooling, it's a right not a privilege .[/QUOTE] Don't assume what kind of person I am. Schooling is a privilege. Bad behavior is warrant to remove this privilege. You're not forced to go to public school, therefore, the school has the right to boot you for lack of discipline. They, however, don't have the right to boot you and keep your phone. But as long as you're still using their services, they have the right to keep your phone.

[QUOTE=Valdrone;24381015]Don't assume what kind of person I am. Schooling is a privilege. Bad behavior is warrant to remove this privilege. You're not forced to go to public school, therefore, the school has the right to boot you for lack of discipline. They, however, don't have the right to boot you and keep your phone. But as long as you're still using their services, they have the right to keep your phone.[/QUOTE] But you're wrong, school is a right not a privilege, atleast in the US, and you are forced to attend school in some fashion or else it's truancy.

[QUOTE=Jawalt;24381036]But you're wrong, school is a right not a privilege, atleast in the US, and you are forced to attend school in some fashion or else it's truancy.[/QUOTE] Schooling is a right in the US. Not public school. Public school is a privilege, if you get booted, you're still forced into schooling, just of the private or homeschooling variety. [editline]12:32AM[/editline] So, concluding, you're lucky that they don't boot you for multiple cell phone uses. Because they can.

[QUOTE=Valdrone;24381069]Schooling is a right in the US. Not public school. Public school is a privilege, if you get booted, you're still forced into schooling, just of the private or homeschooling variety.[/QUOTE] No, public schooling is a right. [B]Goss v. Lopez (1975)[/B] [I]Students are entitled to certain due process rights.[/I] Nine students at an Ohio public school received 10-day suspensions for disruptive behavior without due process protections. The Supreme Court ruled for the students, saying that once the state provides an education for all of its citizens, it cannot deprive them of it without ensuring due process protections. School is absolutely a right, not a privilege, and to be barred of a right you must be convicted by a trial of your peers.

If they see it they can do whatever they want with it. They cannot ask you if you have one if they have not seen it, however. They legally can't search you without a warrant so as long as it is hidden from view they can't do anything. Same goes with the school police officer asking to search your car. Never consent to searches.

[QUOTE=Dolton;24381149]If they see it they can do whatever they want with it. They cannot ask you if you have one if they have not seen it, however. They legally can't search you without a warrant so as long as it is hidden from view they can't do anything. Same goes with the school police officer asking to search your car. Never consent to searches.[/QUOTE] What? Our bags are always subject to random searches. I hate DoDEA

[QUOTE=Dolton;24381149]If they see it they can do whatever they want with it. They cannot ask you if you have one if they have not seen it, however. They legally can't search you without a warrant so as long as it is hidden from view they can't do anything. Same goes with the school police officer asking to search your car. Never consent to searches.[/QUOTE] They are allowed to search your bags and such, but not your person. Bags are allowed because of "lessened expectations of privacy" at schools.

This thread makes me glad not to be an american. No fucking seriously, I have my netbook and phone out in pretty much every single class. I tether the phone and surf online. Helps the day pass along. Hell, my school was supposed to end past 15:00, it's 11:04 now and I'm home, I did all the tasks and got home.

[QUOTE=FlakAttack;24375522]I bolded the key words. You "surrender" your phone. If you don't give them anything, they have to take it... which they can't. They will try though. Just be polite and persistant and victory is assured.[/QUOTE] I highly doubt they took it by force. They more then likely said "Give me your phone, if you don't x and y will happen." Then you freely gave it up in fear of the other consequences.

My school has a rule stateing that all reasonable requests from staff must be carried out, just pull the old "I require my phone to get transport home/incase of emergency", if they ask you to hand it over, they are being completely unreasonable.

Haha, all the bullshit you have to deal with. Are you 5? No one in school even has a right to take away my phone for any reason at all. Sure they can give me punishments but nobody does. Why is there a problem with playing around with a phone in school? The general rule of thumb here is everything is fine as long as you don't disrupt the lesson or any other students which is absolutely fine with me.

[QUOTE=Septimas;24373647]I do pay attention, I maintain A's in all my classes, and am doubling up on math, and my GPA is fine. I usually text or call to figure out how to get rides, as I am on the cross country team and swim team, and my parents aren't really active in any part of my life to give me rides. And only an idiot replies with hostility to get his points across, You don't have to be a prick to get your opinion out.[/QUOTE] you should still not use it until after school. just because you need a ride doesn't mean you need to text in the middle of class. I don't think they deserve to take your phone, especially for a very long period of time, but since you aren't supposed to be using it during school they have the right to punish you if you break the rules.

It's your fault for taking it out anyways. You are in it for a reason.

My school just suspends you for a day if they see you have your phone out in class. In the hallways, it's detention only. They abuse these rules though. One of my friends was taking his phone out of his pocket and was putting it in his locker, a teacher saw this, and gave him detention. They never confiscate phones, it's against policy (as far as I know).

Jesus, all your school sound terrible. At my old school, and my current college, the tutors just ask you to put it in your pocket.

How is your team selfish for not giving you a ride? Do you know how annoying it is to give someone a ride everyday? Do you pay for their gas? Cause if you do then it sounds reasonable, but if you don't why should they give you a ride? Also the 30 day rule is bull, they can probably get into trouble for it.

All of us in my class has a computer, the school gave us them. So we could run photoshop and after effects cs5. Yeah, envy me!

Give your teachers mod sass, hope they don't permaban you.