Is it legal for a teacher to take away your cell phone or iPod or is there a law or agreement that says they can?

Answer 1

Whether it is legal for a teacher to take away your cell phone or iPod, the simple answer is that more than likely it is not. Generally speaking, one is not guilty of theft if there is an absence of dishonesty or an intention to permanently deprive another of their property. In this case, a teacher would not be authorized to hold onto your items indefinitely or permanently.*

All school rules SHOULD confirm to the laws of whichever country but sometimes they do not. Sometimes there are rules which generally prohibit the bringing of certain items to school for various reasons. The main reasons are usually based on:

1. safety of students who bring items that might attract thieves who might use violence;
   
2. the time spent by administrators or teachers to recover these items if a class/school mate steals or is accused of stealing these items and
   
3. these items are generally a distraction from school work or other approved activities. In these circumstances, where such a rule exists the fairest and legal ground for taking away a banned item(s) from a student is to hold it until a parent/guardian can retrieve it. Other than that there is no basis for them to take and keep it.

Usually these rules would be known in advance and it would be better to obey the rule rather than suffer the inconvenience of being deprived of its use. If you feel compelled to break the rule (which is not advised), don't get caught or you will invariably suffer the consequences.

*Addendum:To eliminate confusion, and to speak for those who have been there, it is neither stealing nor illegal for a teacher to confiscate a cellphone or an iPod (or other non-educational electronic device or item) from a student. Typically, a teacher will not perform such an action unless the student (or the devices) are a disruption to the learning of the student or others, at which time the teacher typically becomes aware of them.

Regarding the legal aspects: the rules for such actions of confiscating items from students are typically summed up in each state's School Code. For instance, the state of Michigan bans all electronic devices that do not contribute to the educational environment, and cellphones and pagers are specifically named. In the event a teacher confiscates such, schools provide protocols for addressing the disposition of such items. Typically, they will be surrendered to the parents or guardians of the student from whom the items were taken, with the admonition that the items are not to be brought to school again. In most cases, a second instance would result in detentions or other punitive actions.

Under such legislation (the School Code), it is the student who is violating law by being in possession of prohibited items on school property.

It is important that the question contributor, previous answer contributors, and those who read this question and answers understand that the rights of students are somewhat limited. Students (minor children) have the right to personal security and safety, and access to free public education (in the US). There is no right to privacy granted to the child except by extension through the parent/guardian.