OMG! This is too funny! The definition of stealing:
The teacher has EVERY RIGHT to CONFISCATE any item that is a disruption to the educational process...
And to REPEAT my original statement:
As to kids having rights...they have the same rights as the rest of us...so if we go to the airport and we want to fly on a plane we have to follow THEIR rules or we don't fly...they take items every day from passengers. This IS a right of ALL private/public organizations. Court rooms, stores (sometimes they ask to hold your bags while you shop in their stores to prevent stealing), trains, etc. Teachers don't take stuff from kids so they can keep them for themselves (if they do they SHOULD be fired!). We have a job to do...TEACH STUDENTS and if they are distracted from learning it's our job to get them back on task. It is the PARENTS job to teach proper etiquette for proper phone use.
---Merriam-Webster Dictionaryto take or appropriate without right or leave and with intent to keep or make use of wrongfully
The teacher has EVERY RIGHT to CONFISCATE any item that is a disruption to the educational process...
And to REPEAT my original statement:
should she have threaten to break it? Not at all.
As to kids having rights...they have the same rights as the rest of us...so if we go to the airport and we want to fly on a plane we have to follow THEIR rules or we don't fly...they take items every day from passengers. This IS a right of ALL private/public organizations. Court rooms, stores (sometimes they ask to hold your bags while you shop in their stores to prevent stealing), trains, etc. Teachers don't take stuff from kids so they can keep them for themselves (if they do they SHOULD be fired!). We have a job to do...TEACH STUDENTS and if they are distracted from learning it's our job to get them back on task. It is the PARENTS job to teach proper etiquette for proper phone use.
Being a teacher myself, the teacher had every right to take the phone...should she have threaten to break it? Not at all. She should have called the office to pick up the phone and called the OP's parents to pick up the phone. Plus the school most likely has policies regarding phone use in/on school property. The parents would be notified of these policies and if OP violated them again he would be suspended (or whatever their policy states.). IF she did break the phone and the school is unionized, she would NOT be sued and most likely NOT be fired. However she would most likely be required to seek counseling and might be put on leave for a bit. She may have also be asked to transfer to another building or the OP transferred to another class. If she committed a similar act again (or has in the past) THEN she would most likely be terminated. The district would pay for the phone (unless the OP has insurance on the phone and then it would be replaced via them) and the school would kiss the OP's parents a*s for a while.
While I think the teacher is 100% WRONG in this case for how she handled the situation, I do sympathize with her. She more than likely has issues in her personal life that she is having a hard time handling. Kids do have a way of pushing our buttons from time to time. While we are required to be professional in our duties, SOMETIMES we are held to a higher standard because we are teachers. We are human beings like everyone else and we do slip up...again not condoning how this teacher responded in this case.
Having a policy does not make it legal to steal an item from anyone. I now declare a policy that anyone who posts after me must pay me $5. Do I have any right? Nope. Schools have the right to suspend, not steal.