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Teachers will sometimes take away your phone or other item if they believe it is distracting you or the other students in your class. This is often within their power to do, though usually only for the duration of class or for the rest of the day. By learning the rules at your school, you can make sure not to break them. Further, ensure that your property is never taken or searched in violation of your rights.
Steps
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Come to class prepared and ready to pay attention. Show up to class ready to learn. During class make sure to sit up, face forward, and always listen when your teacher is talking. Furthermore, have everything you’ll need when you arrive to class, including your completed homework and everything you need to take notes or work on class materials. [1] X Research source
- Always do your best on in-class assignments. Even if you’re struggling in a certain class, your teacher will be happy to see you making an effort.
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Keep your phone in your locker. Don’t use your phone at all when you’re in class. In fact, many schools explicitly allow teachers to take phone away from students who are using them during class. If you must bring your phone to class, make sure it is off or on silent and stored out of sight in a backpack or underneath your desk. [2] X Research source
- Recognize that using your phone during class is disrespectful to your teacher, your fellow classmates, and even yourself, as you’re making it less likely that you and your classmates are fully focusing on the lesson.
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Be extra polite during class. Some teachers are particularly sensitive about students’ behavior during their class. Be especially polite in classes taught by a teacher that gets irritated easily - these are probably the teachers that are most likely to go on a tirade about the lack of manners among today’s youth and start taking everybody’s stuff. [3] X Research source
- Try to raise your hand and ask a question at least once per class, to show that you’re engaged in the lesson and that you value your teacher’s contribution to your education.
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Hand over the item if you broke a rule with it. Recognize that most teachers are not looking to get their students in trouble. It is simply their job to ensure that you and your classmates are able to learn, free from danger or distraction. For instance, if you were caught texting in class, understand that the teacher can fairly ask to take your phone and will simply put it somewhere safe, but out of your reach.
- Do not argue with your teachers in front of your classmates. [4] X Research source
- Apologize for distracting the class and hand them the item.
- Ask for the item back after class. The more mature you were when they asked for it, the easier it will be to get it back.
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Ask for any items your teacher took immediately after class. If you had been texting or otherwise breaking a rule, apologize and promise not to do so again. Be polite, as you do not want to get in further trouble, and you want your teacher to give you your item back without further conflict.
- Try something like: “I apologize for allowing myself to get distracted during class. I’ll bring my phone to my locker and leave it there the rest of the day.”
- If they say they’re going to keep it for the rest of the day, return after school and ask again.
- If you phone is taken and not returned at the end of the day, tell a teacher you trust or a parent or guardian.
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Take action if a teacher only ever takes your things. You may need to talk to another school employee if a teacher is treating you unfairly. If your teacher only ever takes your stuff, or threatens to do so but does not make similar threats to other students, recognize that this is an issue that needs to be addressed. Ideally, talk directly to the teacher about why you are being treated differently by asking whether you have been behaving inappropriately during class. [5] X Research source
- If you feel uncomfortable having this type of conversation with the teacher, or try to do so and it does not go well, meet with the principal or a teacher you trust to talk about it.
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Familiarize yourself with your school’s rules. Read through your school’s student handbook if you’re curious about what you’re allowed to bring to have at school. Knowing the rules will also help you deal with a teacher that has threatened to take something away from you.
- Stated most simply: the easiest way to avoid having a teacher take your things away is to avoid breaking the rules that may cause them to do so!
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Defend yourself when you haven’t broken any rules or a teacher is being unfair. In the event a teacher may have done or threatened something without your breaking any rules, point out that you haven’t broken any rules. This will only work if you know the rules. [6] X Research source
- Alternatively, if you broke a minor rule that does not warrant they take your item, you can calmly point this out and say something like, “I’m sorry for the distraction, I’ll put this away right now and it won’t be an issue again.”
- If you refuse to give up a possession, know that your teacher cannot forcibly take anything from you. However, refusal to turn in an item with which you were breaking a rule may lead to further punishment down the line.
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Notify another adult immediately if a teacher behaves inappropriately. You must obey the rules when you’re at school. A teacher must also enforce the school’s rules. However, if a teacher ever does anything that you believe they may not be allowed to do, tell someone right away.
- Your teacher’s actions must also follow the school’s rules, and must be based on safety and education.
- A teacher can never use force against you or another student.
- A teacher cannot break any of your possessions.
- If a school official does not respond to your claims, ask to call a parent or guardian immediately.
- If the school does not allow you to make a call, tell an adult you trust – whether another teacher or a parent or guardian – everything that occurred as soon as possible.
- Talk to an older sibling or an adult family member if you’re unsure about how something that happened and don’t know whether you should tell others.
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Prove you didn’t do anything wrong. Keep in mind that if you can prove that you are not guilty of something, it is likely worth showing your teacher the proof. [7] X Research source A teacher or administrator cannot force you to consent to a search. You can always say no or ask to call your parents. However, if you have nothing to hide, consider allowing a teacher access to your possessions briefly.
- School officials can only search you or your possessions if they have reasonable, individualized suspicion of your involvement in breaking a rule. They may also conduct a search if you voluntarily consent to their doing so.
- Reasons for reasonable suspicion include a school employee overhearing something, or seeing or smelling something directly.
- Suspicion that warrants a search must also be specific to you. For instance, if your friend has gotten into trouble and they want to search your possessions as well, they cannot search your belongings unless there is specific evidence that incriminates you.
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Don’t keep anything that’s not allowed at school in your locker. Know that lockers are usually considered school property. Accordingly, schools can search your locker at any time with or without any sort of suspicion. [8] X Research source
- If your cell phone or computer are in your locker, they cannot be searched without reasonable, individualized suspicion, your consent, or a warrant.
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Keep large amounts of cash at home. Having large amounts of cash with you may make teachers or other school employees curious or concerned about why you have it. Try to plan purchases that may require a large amount of cash outside of school so as not to put you or your teachers in an uncomfortable situation.
- Plan large purchases for the weekend, and have a parent accompany you when handling large amounts of cash.
- If you do need to bring a large amount of cash to school for an after-school purchase, keep it somewhere locked up and don’t tell anyone about it. Be ready to tell a teacher or administrator why you have a large amount of cash at school.
- For instance, if you intend to buy a bike from a friend after school, be honest and tell your teacher the specifics of the arrangement.
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Get help if you believe your rights have been violated. Contact the American Civil Liberties Union to discuss a potential violation of your rights and any legal action that may be appropriate. [9] X Research source More commonly, the ACLU can work with your school to ensure the rights of students are not violated without resorting to legal action.
- Write down everything that happened during any situation where you believe your rights may have been violated.
- Include when incidents occurred, who was involved, and who was around.
- Include specifics, such as everything that was said and by whom, as well as anything that you were asked or made to do.
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Know that a teacher usually cannot search the content on your phone. If your school does not allow cell phones, then a school employee can take your phone, maybe even until the end of the day. However, if you were simply texting or talking on your phone in a context that was not allowed by the school, they cannot look at any of the contents on your phone. [10] X Research source
- If a teacher or administrator asks for your permission, you do not have to allow them to search your phone.
- A cell phone search is only legal if there is reasonable suspicion of your personal involvement in breaking a specific rule at the school. Even then, a school employee can only look at what is necessary to confirm or the dispel the suspicion.
- It is illegal for a school employee to use your phone to call or text other students while posing as you.
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Know that laptops are more likely to be legally searched. If you are not allowed to bring laptops to school and do so, they are likely allowed to take it until the end of the day. Whether or not they are allowed to search a personal laptop that you are not allowed to have at school is more of a legal grey area that is undetermined in most places. [11] X Research source
- If your school allows laptops, a teacher may only search it for reasonable suspicion of your wrongdoing.
- Files unrelated to something they may have the right to look for cannot be copied, or even viewed.
- For instance, if you have been accused of sending threatening emails, the school has the right to ensure that this is not occurring. However, they may not look at photos on your personal laptop while investigating the charge, as photos are not relevant to the accusation.
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Recognize the legal differences regarding searches of your own property and your school’s property. A school employee can take a school-owned laptop from you for any reason whatsoever. They can also legally search the laptop’s contents. [12] X Research source
- Similarly, you may be required to give a teacher your password to a school-sponsored email account.
- If a teacher demands you give them the password to a personal email account or device unaffiliated with the school, you do not have to give it to them.
- To ensure your privacy, store and send personal messages from personal devices while you’re not at school.
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Deal with law enforcement appropriately. If a police officer - sometimes referred to as a School Resource Officer – asks to search you or your possessions, know that laws regarding your rights are slightly different. Essentially, law enforcement officers need a warrant or your consent to conduct a search. [13] X Research source Still, you should always be polite when speaking with an officer, if only to limit the time you have to interact with them.
- Calmly ask an officer who wants to search you or your personal belongings – including a phone or computer – whether they have a warrant.
- Ask if you are free to leave. You will likely be able to do so, unless the officer has evidence or reasonable suspicion that you have committed or intend to commit a crime.
- Tell the officer you would like your parent or a lawyer to be present if they begin to ask you questions you do not want to answer.
- If a search is conducted without your consent, clearly state that you do not consent by saying, “I do not consent to a search of my property.”
- If you do not know what to do or say, know that you always have the right to remain silent.
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Expert Q&A
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QuestionHow do you apologize for breaking a rule?Evanne Torrecillas is a School Counselor with over four years of experience in education. She specializes in working as a mental health advocate with middle school students and their caretakers. Evanne holds a BA in Political Science from The University of California, Berkeley and an MS in Counseling with a specialization in School Counseling from California State University, Sacramento.Be honest and show willingness to do better in the future. Remember that rules exist for a reason and, in the classroom, your teacher has the right to set these rules.
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QuestionIs it legal to put a monetary penalty on getting my phone back?Community AnswerNo, it is not. If your teacher does this, make your parents aware of it immediately.
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QuestionCan my school keep my phone over the summer? They claim they will return it in September, and it is currently May.Community AnswerIf it's a school device, yes. If it's a personal device, absolutely not. If that happens, talk to your parents. If they don't agree, talk to a counselor, psychologist, or other adult you trust that is unaffiliated with the school.
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References
- ↑ https://www.findlaw.com/legalblogs/law-and-life/can-a-school-take-my-kids-cell-phone/
- ↑ https://www.findlaw.com/legalblogs/law-and-life/can-a-school-take-my-kids-cell-phone/
- ↑ https://kidshealth.org/en/kids/school-counselors.html
- ↑ https://www.findlaw.com/legalblogs/law-and-life/can-a-school-take-my-kids-cell-phone/
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ http://www.telegraph.co.uk/news/uknews/1548273/What-a-teacher-can-do-and-cant-do.html
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
- ↑ https://www.aclu-wa.org/docs/student-rights-and-responsibilities-digital-age-guide-public-school-students-washington-state-p#IV
About This Article
Article Summary
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If you have a teacher that takes your personal items away, you can deal with them by being polite and knowing your rights. At the end of class, apologize when you ask for your item back, because complaining or getting upset might cause them to keep it longer. If you think your teacher is being unfair when taking your things, read the school’s rulebook and tell an adult whenever your teacher tries to take something and you haven’t broken any rules. Additionally, know that a teacher can only search the content on your phone if they think that you’ve broken a specific rule and there might be evidence on your phone. For more help, including how to avoid getting your things taken away, read on.
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