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Cell phone confiscated by school is lost

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galbrecht

Junior Member
What is the name of your state? Minnesota

My son's high school bans cell phones and electronic devices during school hours. My son is caught reading a text message on his $200 cell phone during class, and it's confiscated by the teacher. Rather than putting the phone in a secure place, the teacher instead places it on a podium in the classroom, where the entire class can see it. This particular class is a two hour class, that is split in the middle with lunch hour, and the cell phone is gone after the class returns from lunch. After I request that the school reimburse me for the phone, the assistant principal quotes a sentence from the school's student manual, that says, "The staff and administration are not responsible for lost or stolen items." I respond by quoting another sentence from the same paragraph, that states, "Electronic devices may be confiscated by staff members and turned in to the attendance office until a parent or guardian retrieves them for the student." Since the item was confiscated before being lost, and the teacher was the last person in possession of the phone, I requested that the school either return the cell phone to me, or provide reimbursement. The assistant principal said he would discuss the issue further with the principal and call me back, but he pretty much said that it's not likely that they'll reimburse me for the phone. Assuming that's the case, what should my next course of action be? Would a school buckle under if I indicated I was considering going to the investigative units of one of our 4 local television stations? What about small claims court?
 


racer72

Senior Member
Would a school buckle under if I indicated I was considering going to the investigative units of one of our 4 local television stations?
Not likely but it might give one of the stations some fodder to do a story on kids that flaunt school rules.
 

TinkerBelleLuvr

Senior Member
Where is the son's responsiblity to following the rules to begin with? He did know that he wasn't allowed to have the phone on, right? It was supposed to be put away, right? Had your son followed the rules, no one would be in this predicament.

Think son needs to find a way to earn some money to buy another phone.
 

Shay-Pari'e

Senior Member
Where is the son's responsiblity to following the rules to begin with? He did know that he wasn't allowed to have the phone on, right? It was supposed to be put away, right? Had your son followed the rules, no one would be in this predicament.

Think son needs to find a way to earn some money to buy another phone.
True,

But the school does have a policy in order . Once confiscated, it is up to the teacher to get the phone to the office for parent pick up.

I'm not disagreeing that the son should not have been using it, but the school has to follow policy.
 

mlane58

Senior Member
True,

But the school does have a policy in order . Once confiscated, it is up to the teacher to get the phone to the office for parent pick up.

I'm not disagreeing that the son should not have been using it, but the school has to follow policy.
Agreed. There was a chain of custody, starting with the teacher and when they failed to secure it, it became the schools responsibility.
 

stealth2

Under the Radar Member
The school policy makes it plain that they are not responsible for lost or stolen property. If Precious had been a little more responsible, he'd still have a phone. If Mommy & Daddy were a little more clued in to reality, they wouldn't have given Precious a $200 phone. Maybe everyone learns a lesson. Or Not. Mommy & Daddy seem hell-bent on blaming someone other than Precious. Tough butt apples.
 

Shay-Pari'e

Senior Member
Stealth,

Hun you are wrong. Should the kid have been using it? NO. But the fact remains that a confiscated phone is to be delivered to the office for the parent to pick up. It is school policy .

Therefore, the kid was wrong, but the teacher did not secure the phone to have it transferred to the office.
 

FlyingRon

Senior Member
The school policy makes it plain that they are not responsible for lost or stolen property..
The school can make whatever "policy" they want, but that doesn't affect their liability. Not being resposnible for lost or stolen applies to stuff that students posess or leave in the building. Once an employee takes an item, they become responsible for it until it is returned to the owner.
 
First of all, the "lost" part doesn't pertain to this situation....the teacher took the phone from the student, following school policy. it is, however, then their responsibility to secure the item with reasonable care and follow policy by taking it to the office until picked up. since this was not done, they have not used reasonable care which resulted in the "disappearance" of the phone. the school is now on the hook for the phone, if not, the teacher. nowhere does it say..."if you bring a phone to school, we will take it and you may not get it back because we are not responsible if we don't take reasonable care of it and it gets misplaced or stolen and you will be out the cost of the phone".....otherwise, if I were you, i would tell your child and everyone else not to give the phone to those teachers. insist on having it checked into the office and a receipt handed for it.
 

seniorjudge

Senior Member
...
Assuming that's the case, what should my next course of action be? Would a school buckle under if I indicated I was considering going to the investigative units of one of our 4 local television stations? What about small claims court?
....
Small claims court.

This isn't even close to being newsworthy.

It's simply too common.
 

las365

Senior Member
Eh, I still think the proximate cause of the loss is the son's irresponsibility. But yes, the teacher should have secured the phone upon confiscation.

50/50 at best against the school, IMO. My real point to Mom is that this is an opportunity to teach her son a lesson in his personal responsibility. I understand that she's po'd at the school, but it's her kid who mishandled the expensive phone and lost possession of it due to his own actions.

I'm into personal responsibility this weekend.
 
its not the school's right to lose a phone in order for the student to be taught a lesson...a phone in which someone other than the school paid for. as a parent, i dont need the school losing a $200 item that i paid for to teach my child a lesson. the student might have broken policy for bringing it to school, but the stated penalty was that it would be taken away, and returned later...not taken away for good.

this issue is not whether the child was wrong in having it...the issue is that the school (in which the teacher is employed and followed their policy aside from securing it) took the phone which didn't belong to the school and assumed responsibility in using reasonable care...and they did not. i would sue the school if they didn't replace it and have the teacher as a co-defendant. maybe if you ask nicely, then if not, mention that you will sue and they might settle..otherwise, expect an easy victory in SC court.

BTW, our school has the same policy except the middle school students can have them in school..just can not have them on during school hours. we have seen this happen before here...that is why i know how this might turn out.
 
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