Recently I became aware of an issue where a teacher took a student's cell phone for the day. I believe she thought it was a iPod. But it was not. It was an iPhone, which also has the capability of an iPod.

The scenario
Students were told they could listen to their iPods. About 20 minutes later, one student was asked what he was doing, to which he replied, "listening to music" and she asked him for his device for the duration of the class. When he reminded her that she had said it was ok, she then made the forfeiture an all day event. He was advised to get it from her at her office at the end of the day. However, when he went to get it she wasn't there. After looking for her for the better part of half an hour, he left school. He was without it overnight and didn't get it back until mid-morning the next day. and only after having to track her down.

I asked for legal advice regarding this scenario and here is what I received. There are three possible grounds for a lawsuit.

1. Theft
The iPhone was kept overnight when it was to be returned that day.

2. Charter violation
Because other kids in class were also listening to music but only one kid was singled out.

3. Child endangerment
The boy has a back issue and wears a brace. If something had happened to him on the way home from school and he couldn't call for help because his phone was taken, then he would be put into a danger situation.

After the fact, it turns out the teacher had forgotten to be at her office after classes ended for the day because she had another engagement at the school supervising an event with a great many kids.

This scenario was interesting because his iPhone was considered an essential safety device for his parents and himself.

Normally student/school issues don't go to court, but some issues could. Most of the time a school trustee would become involved in the escalation process, but not necessarily.

Teachers and principals must have clear policies related to electronic devices. A safety device must never be taken from a student.

This particular case was resolved, with greater understanding by all parties of the issue, the possible consequences and the result. The boy understands that teachers have responsibilities and the teacher now understands that a cell phone can be considered as a safety (emergency) device.

So all is done with the help of the principal and everything is back on track.

In summary then, cell phones can be considered an emergency device. Students and teachers need to understand each others' positions. Teachers are there to teach and distractions don't help in that regard. Teachers must understand what the impact is for parents and student when they make what seems like a small decision - but which can impact student safety.
Students are there to learn and distractions, whether by other students or the teacher, don't help the student learn all that is possible. Students must take responsibility for learning.

A Matter of Time
It is only a matter of time before schools recognize the value of Wi-Fi enabled portable devices and the opportunities afforded by incorporating them into a teaching/learning scenario.

A local junior high school in St. Albert, Richard S. Fowler Catholic Junior High School, will allow students to use their iPhones or iPod Touches in the classroom starting this fall (2010). More from the CBC article, "Sean Brown, vice-principal of the school, said the school has changed its policy because the school believes the Apple products can be used to teach students."

This Connect2Edmonton forum has a discussion on the topic as well, with lots of 'for and against' comments.

Good teaching - Good listening...

Cheers - Mike