If you will recall, I wrote a post entitled Stop the Bullying in October. In that post, I lamented that the
incidences of bullying, cyber and otherwise, seemed to be on the rise. I also wondered what the answer to the problem of bullying was and several commenters wondered the same thing. Part of the problem is that it is sometimes hard to track down how the bullying takes place, especially with a lot of it taking place online. The consensus was that no one really had a good answer, but it appears that at least one attorney general may have a solution to that particular problem.
As I was reading through some of the news items on FOX News this morning, I came across a featured article that detailed a legal opinion just issued by Virginia Attorney General Ken Cuccinelli. I will quote what he has to say and then get into the discussion of his opinion.
Virginia Attorney General Ken Cuccinelli, a Republican, issued a legal opinion Wednesday ruling that not only can school officials seize students’ cell phones and laptops, but they can also read their text messages if there is “reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.”
Cuccinelli was responding to a request from Republican Delegate Robert Bell who wanted to know when principals or teachers can seize the devices to battle cyberbullying and how school officials can address “sexting,” or sexual messages sent via text, without violating the state law themselves.
Cuccinelli said school officials should not share explicit materials “depicting minors with other school personnel, but rather that the material should be brought to the attention of the appropriate law enforcement agents.”
If the official shows the images to anyone else, they can be charged with distributing child pornography.
It should be noted that Cuccinelli’s opinion does not have the legal force that a court ruling would have. It is, as stated, his legal opinion.
As I read through the article, I began to wonder how this would be received in the court system and in the public eye. I have no doubt that any teacher or school system that takes the first step and seizes the cell phone, laptop, etc. from a student is going to be hit with a lawsuit. I don’t know for sure what the basis of such a lawsuit will be, but I would wager it will be somewhere in the vicinity of invasion of privacy.
As a parent, I can guarantee you one thing. If I suspected our daughters of doing something on their computer that they shouldn’t be doing, I would have inspected said computer, with or without their permission. I feel that would be my right, as their parent and guardian, and it really isn’t open to discussion. It’s just the way the ball would roll.
When it comes to teachers and schools, I question if they have that right, unless there is overwhelming evidence that failing to act quickly may result in the bodily harm or death of a student. Before taking any such action, I think they would have to call the parents and let them know what they felt was taking place. Further action could then be decided on by the parents. If that didn’t suffice to alleviate said problem, then maybe the schools have other avenues of action to consider. For them to take action such as is suggested by Ken Cuccinelli would be questionable, in my opinion. Unreasonable search and seizure comes to mind, especially considering it would be teachers and school administrators who would be taking these actions. Are they the proper authority to be handling such matters? What do you think?
I’m not sure if this would hold up in a court of law. It kinda reminds me of the pat downs at the airports. Just because someone says they have the right doesn’t make it so.
I do think something needs to be done. Something you said really hit me. You talked about what you would do if you found inappropriate stuff on your child’s laptop/phone. I think therein lies the problem.
Many parents are not – apparently – doing that. They often appear oblivious to what their children are involved in. And God forbid if they violate their child’s personal space!
I have often wondered why the solution of the schools don’t include bringing the parents into the solution and holding them responsible with the child. Or why the solutions don’t include the community, the churches, the social workers/therapists. And I don’t mean after a situation has occurred, but as a regular policy.
I wrote this television script (in school) that was based on the aftermath of the Columbine massacre. In the television show, I dealt not just with the incident and the aftermath, but with solutions in which the school, community, and the families were included.
I think, too many times, the school handles the whole problem when in reality I think the solutions need to include the family, community, school, church – everyone. This situation should be dealt with at the local level with everyone at the local level.
But that is just my opinion. Sorry to rant on and on!
An interesting question Larry, I am not sure I know the answer. Children should not be allowed to have their phones in school and if they are found with a phone I think it should be confiscated. Going through the phone? I am not sure that is the right thing to do. As a parent I feel as if I have the right to do so, and as Dominique mentioned maybe more parents should be, but to let the school go through the phome without permission seems wrong to me.
A carb, sugar and L tryptophan hangover is sending me to Fantasyland. But thanks for getting the brain cells moving today, Larry.
Wouldn’t it be great if school officials and parents could work together in cases like this? Wouldn’t it be great if schools treated incidents early as serious in nature but not necessarily criminal? Wouldn’t it be wonderful if, instead of the stony front of denial that many parents put up when confronted with a child’s misuse of technology, that they would be open to a little exploration to find the teachable moments…Before this stuff gets out of control?
Wouldn’t it be great if both entities-schools and parents-realize that much of what is memorialized in text on cells and computers is a lot like the crap kids have been torturing each other with forever…And work together to not only teach kids why what they”ve said is wrong but also why NOTHING they post using technology is ever really “private”.
Speaking only for me, I would have a bit of a problem if a school invaded my minor child’s communications without FIRST speaking to me about what the supicions are, why the suspect and what the consequences if the suspicions proved true. If it were reasonable, I might be inclined to give permision. But here’s where it all gets weird: As parents, our jobs are to advocate for our children in these situations (because too much of the above paragraphs in’t happpening), not protect them from consequences. Yet too many parent have that backwards, and I think in far too many situations, a parent would decline to be part of the process (and prevent the kid from it, too) to keep any possiblity of trouble at bay.
All that said: I agree with Steve: Schools should simply BAN all phones from school, at least on a kid’s person. Many parents/kids today use them to keep in touch, call for rides etc so keeping them totally out might be unrealistic. But if a school simply said: “All cell phones must be kept in a locker”, REASONABLE search and seizure might not be a problem. Locker searches for cause are fair game, I think.
I am glad I was able to get you out of the hangover and your brain cells working. That’s part of my job description.
I concur with Steve. It seems to me that if this is a serious problem, schools would have the right to ban cell phones and laptops or at least to restrict the time and places for their use.
Considering some states don’t even require parental notification for abortions, I can’t see how the schools would feel obligated to notify parents their children were doing something untoward with cell phones or laptops. (Virginia is not one of them, by the way)
I am with Steve, ban em all. I didn’t have a cell phone or a laptop in school, and I turned out fine..just ask me.
I am sad to say that my state of New Hampshire is one of those states that do not require parental notification before an abortion. Point well taken, if we cannot expect to be notified before our children receive an abortion how can we expect to be notified before their cell phones are looked at?
I agree, if the school has a concern about a child and thinks it is necessary to see that child’s cellphone they should contact the parents first. I can’t see any reasonable parent denying the school this right if there is a reason they feel it is justified. I know that I would give my permission.
This comment was supposed to be in response to Laurie, it is her that I was agreeing with.
This is an interesting paradox when you think about it. We as liberty loving people want to teach our children about the importance of liberty and property rights and the abuses of the state and how both can be stripped from us in the name of safety and security. Now we a Republican AG turning that on it head and saying in the name of safety and security we have the right to confiscate your property and infringe upon your liberties. The real question is what this teaches our children. What kind of principles are we teaching our children when we preach one thing and allow the state to do another? I agree with Colin and Steve, if they want to ban them then do it. Confiscating them is simply not the answer.
Exactly right, it is the responsibility of the parents to govern how these devices are used. If a school wants to ban them on the premises that is fine, but there is no way they should be “going through” phones.
I’m going to take a different take here. We have what can be compared to illegal searches with the TSA. We have DHS and ICE shutting down websites with no due process. And now, we have schools being able to confiscate phones and laptops and are allowed to search them.
Is the solution to all of our problems amount to illegal searches and seizures?
First of all, I want to apologize for neglecting the comments on this post. I have been extremely busy since I wrote it, taking care of family and doing some deer hunting. I offer this not as an excuse, but just as a way of explanation.
All of you have made some very valid points in your comments. It seems that most of you agree that students do not need cell phones while they are at school. I don’t necessarily think they should be banned completely, but they should be relegated to the locker. Letting them take them to the classroom is a sure way of making sure they are distracted during their schoolwork.
Concerning seizing and searching them, I think that is the wrong path for us to take. As Matt said, is that supposed to be the solution to all of our problems? If it is, then we are in a sad shape indeed.
I understand where Cuccinelli is coming from on this one.
The sad truth is that parents have abrogated their duties as parents to supervise their own children.
When I was in school, notes passed in class were confiscated and, if necessary, parents were called in to see those notes. Maybe Cuccinelli is thinking of the seizures of cell phones and laptops in that manner.
BTW, I’ve personally met with Mr. Cuccinelli. He’s a good man — and quite the supporter of homeschooling.
Thanks for your comment, AOW. I didn’t mean to question Mr. Cuccinelli, but I did find it odd that he would be willing to allow the schools to seize the phones and laptops, especially without the parents approval.
We have removed all authority from our schools. I can’t imagine how difficult it must be to have classrooms full of cell phones, that if not ringing are vibrating, laptops with young minds doing everything but listening to the teacher.
I go with banning all devices not needed for classwork, to the locker. If found in the schoolroom, against school rules, punishment has to be harsh enough to match the ban. If banned, then the ban is important. Discipline should be the same, and be designed to discourage the same from happening again.
I do not believe the school should have the right to go through the phone’s contents, unless there are extenuating circumstances. Then the parents should be called in first, and should be present as it is done.
From a legal standpoint, with today’s judges, I expect the school to have no liberty do anything to protect their own children from bullying. We’ve lost that battle in courts across the country.
LD, just noticed that my rss is still at the old blog.
If a school feels they need to confiscate a phone or computer while the student is on school grounds, then I am all for it. Especially if it is being used in a way that violates school policy. However, they have no right to look at the contents of those cell phones or computers without parental permission to do so.