So my teacher confiscated my phone in class today and read through my text messages. I have now made this argument.
Page 47 of the employee handbook states the following:
“The employee continues to be subject to applicable state and federal laws, local policies,
administrative regulations, and the Code of Ethics and Standard Practices for Texas
Educators, even when communicating regarding personal and private matters, regardless
of whether the employee is using private or public equipment, on or off campus. These
restrictions include:
Confidentiality of student records.
Confidentiality of district records, including educator evaluations and private e-mail
addresses.”
Also stated in the employee handbook:
“Only a teacher, trainer, or other employee
who has an extracurricular duty may use text messaging, and then only to communicate
with students who participate in the extracurricular activity over which the employee has
responsibility”
That being noted, texting is defined as the use of electronic devices to write, send or read messages. In addition to text messages sent by mobile phones, this also includes writing, sending or reading similar types of messages -- such as emails, instant messages or other internet based messages, so when the teacher went through and read my text messages, she was breaking that rule.
“Confidentiality Requirements
The Family Educational Rights and Privacy Act (FERPA), the Texas Education Code and school
district policy require that all student records shall be developed, maintained, utilized, and
disseminated in such a manner as to protect the privacy rights of students.”
Supreme Court has ruled that students don't abandon their rights when they enter the schoolhouse door
In March of 2013, the federal Sixth Circuit Court of Appeals issued a key decision protecting the privacy rights of public school students who use or have cell phones, even in violation of school rules.
In a 2-1 decision, the Court of Appeals ruled using a cell phone on school grounds, even if in violation of a no-cell policy, does not trigger an unlimited right of a school official to search the content stored on the phone.
If a teacher reads or opens text messages of another person, that's the legal EQUIVALENT of opening mail that isn't yours. Opening mail is a federal crime.
This is basically like if a student brought letters from their friends into class and when they started opening them, their teacher walked over, took them away, opened and read them when they weren't looking. It's a federal violation of personal property. If the teacher just took the phone and didn't read the text messages, there would be nothing wrong, but the teacher did and could get in serious trouble for that.
The teacher at hand also effectively violated my civil liberties by going through photos as well as personal messages.
Page 47 of the employee handbook states the following:
“The employee continues to be subject to applicable state and federal laws, local policies,
administrative regulations, and the Code of Ethics and Standard Practices for Texas
Educators, even when communicating regarding personal and private matters, regardless
of whether the employee is using private or public equipment, on or off campus. These
restrictions include:
Confidentiality of student records.
Confidentiality of district records, including educator evaluations and private e-mail
addresses.”
Also stated in the employee handbook:
“Only a teacher, trainer, or other employee
who has an extracurricular duty may use text messaging, and then only to communicate
with students who participate in the extracurricular activity over which the employee has
responsibility”
That being noted, texting is defined as the use of electronic devices to write, send or read messages. In addition to text messages sent by mobile phones, this also includes writing, sending or reading similar types of messages -- such as emails, instant messages or other internet based messages, so when the teacher went through and read my text messages, she was breaking that rule.
“Confidentiality Requirements
The Family Educational Rights and Privacy Act (FERPA), the Texas Education Code and school
district policy require that all student records shall be developed, maintained, utilized, and
disseminated in such a manner as to protect the privacy rights of students.”
Supreme Court has ruled that students don't abandon their rights when they enter the schoolhouse door
In March of 2013, the federal Sixth Circuit Court of Appeals issued a key decision protecting the privacy rights of public school students who use or have cell phones, even in violation of school rules.
In a 2-1 decision, the Court of Appeals ruled using a cell phone on school grounds, even if in violation of a no-cell policy, does not trigger an unlimited right of a school official to search the content stored on the phone.
If a teacher reads or opens text messages of another person, that's the legal EQUIVALENT of opening mail that isn't yours. Opening mail is a federal crime.
This is basically like if a student brought letters from their friends into class and when they started opening them, their teacher walked over, took them away, opened and read them when they weren't looking. It's a federal violation of personal property. If the teacher just took the phone and didn't read the text messages, there would be nothing wrong, but the teacher did and could get in serious trouble for that.
The teacher at hand also effectively violated my civil liberties by going through photos as well as personal messages.