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An English teacher in a small West Texas town took up a student’s cell phone after finding him text messaging in class, in violation of the student code of conduct. As she attempted to go on with the lesson, the phone kept vibrating in her pocket, so she opened the phone to disable it and saw nude pictures being sent from one student to another. She then turned the cell phone in to the office according to school policy. The mother of the student felt that her son’s rights were violated when the teacher opened his phone. The teacher, a TCTA member, consulted TCTA attorneys immediately, who said the teacher was entitled to open the phone in order to maintain discipline and minimize disruption in the classroom.
Rumors of violence escalated at a Houston area high school following a fight at school that led to the suspension of four students. The day after the fight, students circulated rumors of subsequent violence using cell phones and text messaging, which resulted in disruption of the school day and the early removal of nearly 300 students from the school by parents. Staff spent the day trying to keep the students on task while investigating the rumors and making sure students and staff were safe. School policy allows students to carry cell phones or text messaging devices to campus, but not use them during instructional time. Students caught operating devices during instructional hours are subject to having the devices confiscated and are required to pay a fee for retrieval.
While Texas law addresses student use of cell phones and other electronic devices in the classroom and most schools cover this in local policy and the student code of conduct, unanticipated situations still crop up routinely that often put schools and parents at odds. Many administrators and teachers view the cell phone as a distraction in the classroom that can promote cheating, inappropriate use and the rumor mill. But parents say the devices allow them to stay in touch with their children more easily and give them a level of comfort in case of emergency. As students have access to increasingly sophisticated and affordable electronic devices, teachers can expect that the question of the role that electronic devices have in the educational process will become increasingly complex and urgent.
Distraction
Local school policies on use of electronic devices are meant to eliminate the distractions associated with cell phone use during the instructional day. Such policies can vary dramatically from district to district. The most restrictive policies forbid all use on campus. More commonly, policies may allow students to carry phones throughout the day, but may limit cell phone use to noninstructional time or require that cell phones be kept in lockers and not brought into the classroom. A student disobeying school policy risks losing his or her phone and having to pay fines of up to $15 for retrieval. Some districts impose even more serious consequences.
Hidden dangers
Educators also are concerned about the role of cell phones in student cheating. As cell phones offer an ever-increasing array of features, students have become quite sophisticated at using that technology to share answers or improperly obtain copies of tests. Reports of students exchanging text messages that contain answers to questions and using built-in cameras to share photos of exams are not uncommon. Camera phones also present a unique set of disciplinary challenges, as students have been discovered using them to take inappropriate pictures of peers inside restrooms or locker rooms for distribution over the Internet or around the school, and even of teachers in the classroom to taunt the teacher or post on social networking websites such as MySpace.
Necessity
Parents want their children to carry phones for a number of reasons, including safety and scheduling. Following tragic incidents like the shootings that occurred at Columbine and Virginia Tech, many parents want their children to have access to a phone in case of emergency. Cell phones also allow parents to keep tabs on their students with a GPS (global positioning systems) feature, which allows parents to track their children and make sure they go where they’re supposed to go. We all know that the cell phone can be particularly useful to coordinate schedules in the busy world we live in, i.e., a student can call his or her parents about a change in schedule or for pickup after a football game.
What you need to know NOW
While mixed messages abound and it is uncertain just what the implications of emerging technology will be, one of TCTA’s staff attorneys discusses the current law and gives you the answers to the most common questions that come up when dealing with student use of electronic devices in the classroom (see pages 6-7). There is law in the Texas Education Code (see box on page 7) that is fairly specific on the subject, and more than likely your district has a policy in your student handbook or student code of conduct.
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Web posted: 04/01/08 from The Classroom Teacher, Spring 2008
