Taking away students’ phones, is it legal? Portable mobile technology has long been integrated into our day-to-day life.

According to stats, as of 2022, 6.648 billion people now own a smartphone, which is over 80% of the world’s population. Needless to say, the share of mobile owners among young people and students is even larger.

The fact of common (and, often, excessive) use of mobile devices by students has long been triggering lots of debates concerning the harm of technology in schools, in particular, to students’ concentration and academic performance.

Due to this reason, taking away smartphones from students inside a classroom has become a pretty common practice among teachers. And this made students wonder whether this is actually legal.

So, can your teacher legally take your phone?

Taking Students’ Phones: The Legal Side

For every student out there wondering if teachers are legally permitted to take away their phones, the short answer is yes. No law would prohibit educators from taking their students’ phones away during class. But there is a catch.

The thing is, a smartphone is your private property or, at least, your parents’ property. Therefore, according to law, schools and teachers cannot take your phone forever. This act can be easily considered theft. But how long they can take it from you (except forever) is dictated by each particular school’s code.

In order to know what exactly your school allows teachers to do with your property (aka phone), you should study your school’s code. But most often, it will allow the following…

Asking students to give their phones away before a test

There is no secret that students have long learned to use their phones as a tool for cheating. Thus, it makes pretty good sense why such gadgets are strictly prohibited during tests and exams.

Due to this reason, most schools will allow their teachers to collect students’ phones before a test and give them back only when the entire class finishes it. In this case, it is just a safety measure to prevent cheating.

Taking a phone away as a method of punishment

Another common reason for taking away students’ phones is to punish them for misbehaviour, especially for excessive use of their phones inside the classroom. If this happens to you, you will often receive your property back at the end of the lesson.

However, you should know that some schools may let teachers escalate this punishment. For example, they may allow taking your phone away for one lesson for the first time, then for the entire day the next time you misbehave, etc.

What Can a Teacher Legally Do With Your Phone?

Although the law doesn’t prohibit teachers from taking away their phones, there are certain limitations on what they can do with them.

Experts in law claim that teachers can only take away your phone to physically block you from accessing it. For example, they can put it away on their desk. But that’s pretty much it. A teacher is not allowed to use your phone.

In case they ask you for a password to access whatever is on your phone, that’s a privacy breach, which is illegal. They also can’t answer the calls or messages you get.

If anything like this happens, you have the right to report it to the principal.

How to Get Your Phone Back

After you’ve been interrupting the class or misbehaving and the teacher took your phone, getting it back might be the hardest part. In some cases, depending on the level of your misbehaviour, teachers might not want to collaborate. So, you will have to put some effort into getting it back.

The first approach you should try is apologizing and restoring your relationship with the teacher. It is the best way to get your phone back. Just tell them you are sorry for misbehaving and promise that you will not use your phone during the lesson again.

If you do this sincerely and without any confrontation, most teachers will forgive you and give your phone back. But if you approach them with aggression, it can only make things worse.

If you’ve admitted your mistake and apologized (and did everything right), but the teacher still refuses to give back your phone, the next thing you can try is to turn to the principal. Note that this will only work if the teacher violates the school’s code.

Lastly, if you are still in high school, you can also get your parents involved because, basically, your phone is their property. So they can talk to the teacher and encourage them to give back their phone.

But keep in mind that involving any third party, be it the principal or your parents, can ruin the last piece of your positive relationship with a particular teacher. So, it is a last resort.

Taking Away Students’ Phones Bottom Line

When someone takes your phone away from you in school or college, it often feels unfair and even humiliating. Due to this reason, many students start questioning the legality of such actions, which is natural.

But as you now know, there are no reasons to say that taking away your phone is illegal unless the teacher confiscates it forever or tries to access and use it.

Also, you now know about the most effective ways to get your property back in case it was taken away from you.

At the end of our article, we want to stress that if you don’t want your phone to be taken away from you, you should not use it in class in the first place.

Phones are distracting, cause addiction, and can be used for cheating, which explains such a negative attitude to them among teachers. So, be sure to keep them away inside a classroom to stay out of trouble.

Controversy across the nation

The legal battle over the confiscation of students’ phones by teachers has sparked controversy across the nation. With technology evolving at breakneck speed, schools are struggling to find a balance. One such example is a high-profile case in Ohio, where a sophomore sued his school after his phone was confiscated.

The incident occurred when the student was texting during class, a violation of the school’s strict policy. The teachers, invoking their authority, took his device. This set off a string of events, leading to a court case.

The ACLU got involved, arguing the student’s rights were infringed upon. In the year 2022, ACLU represented students in 12% more cases of digital rights violations than the previous year, reflecting a growing trend.

At the core of the lawsuit was the Fourth Amendment. The plaintiff argued that the school violated his rights against unreasonable searches and seizures. But the school countered, stating their rules were clear about phone usage.

Searching through the student’s phone

The court battle raged for months. Meanwhile, nationwide, schools were grappling with similar issues. According to an EdTech Magazine report, 75% of high schools in the US have strict phone policies, but their implementation varies, often leading to confusion and conflict.

Back in Ohio, the case heated up. Evidence surfaced of the school searching through the student’s phone, infringing on his privacy rights. This revelation pushed the case into a whole new territory.

The Electronic Frontier Foundation reported a 30% increase in such invasion-of-privacy cases within schools in 2022, underscoring the urgency of establishing clear boundaries.

With this discovery, the court ruled in favour of the student. His rights were violated, the judge declared, setting a precedent for future cases. Following this, a survey conducted by The Education Week revealed a 20% drop in phone confiscations within six months, reflecting a shift in school policies.

Across the country, in California, a similar case arose, but with a different outcome. The court sided with the school, reasoning the phone was confiscated to maintain an educational environment. The Pew Research Center reported 62% of teachers affirm that phones are more of a distraction than an educational tool.

The Role of Technology in Schools

These court battles have prompted a deeper look into the role of technology in schools. A nationwide survey showed that 48% of parents believe that cell phones should be allowed but with limitations. They recognize the benefits of technology but are wary of its potential disruptions.

Navigating the fine line between privacy and maintaining discipline continues to challenge educators. Research conducted by RAND Corporation showed a 35% increase in teachers’ training aimed at handling digital rights issues.

These cases have shone a spotlight on the evolving landscape of students’ digital rights, prompting legal and educational communities to respond.

Protect students’ digital rights

In Texas, a law has been passed to protect students’ digital rights, restricting school authorities from searching through confiscated devices.

Since its implementation, similar legislation has been proposed in five other states. This mirrors the ongoing struggle to balance student rights, privacy, and the pursuit of a distraction-free educational environment.

While these legal battles continue to make headlines, they have instigated a broader dialogue. The tension between students’ digital rights and school policies is reshaping the educational landscape. The outcome will define the future of technology in schools, setting the stage for the next generation of learners.

Learn more about the law by reading more articles.