cell phone confiscated for year

[beccanet]

What is the name of your state (only U.S. law)? Mississippi

My son recently went to school not realizing he had left his cell phone in his pocket. He was in class when a telemarketer called the phone, at which point he realized he had the phone. He took it out to hang up the call, and the phone was confiscated by the teacher. When he asked if he could get the device back later (before going home) he was told they would "see what they could do". The next school day his father contacted the school about picking up the phone, and was told that he wouldn't be able to do so until the end of the year, and that they didn't have to give it back at all! He then called me about it, and I called over there and got the same story. I was pretty angry, and called the superintendent, and got the same story---"it's school policy"---a policy which I a) never saw, and b) never signed. I live in Alabama, and the phone is MY property. My son goes to public school in Mississippi. I called the police to report stolen property and got the same line---"it's school policy". I called a lawyer, and he told me I could file a Writ of Replevin. So I called the courthouse and they told me what it would cost to do so, and that most likely since "it's school policy" this seizure could be upheld by the judge. The problem is, the school policy is rather vague regarding the duration of confiscation. After finally getting a faxed copy of the applicable section, I see that it reads: "Students in possession of cell phones or any personal electronic communication device during the school day will be subject to have the device confiscated and not returned." I want to know if this is a policy that could be legally upheld? Isn't this essentially theft, especially since the cell phone in question is MINE and I never signed the document? It certainly seems and unreasonable and disproportionate punishment for the "crime", and doesn't allow for children to make mistakes.

[perroloco2]

Originally Posted by beccanet

What is the name of your state (only U.S. law)? Mississippi

My son recently went to school not realizing he had left his cell phone in his pocket. He was in class when a telemarketer called the phone, at which point he realized he had the phone. He took it out to hang up the call, and the phone was confiscated by the teacher. When he asked if he could get the device back later (before going home) he was told they would "see what they could do". The next school day his father contacted the school about picking up the phone, and was told that he wouldn't be able to do so until the end of the year, and that they didn't have to give it back at all! He then called me about it, and I called over there and got the same story. I was pretty angry, and called the superintendent, and got the same story---"it's school policy"---a policy which I a) never saw, and b) never signed. I live in Alabama, and the phone is MY property. My son goes to public school in Mississippi. I called the police to report stolen property and got the same line---"it's school policy". I called a lawyer, and he told me I could file a Writ of Replevin. So I called the courthouse and they told me what it would cost to do so, and that most likely since "it's school policy" this seizure could be upheld by the judge. The problem is, the school policy is rather vague regarding the duration of confiscation. After finally getting a faxed copy of the applicable section, I see that it reads: "Students in possession of cell phones or any personal electronic communication device during the school day will be subject to have the device confiscated and not returned." I want to know if this is a policy that could be legally upheld? Isn't this essentially theft, especially since the cell phone in question is MINE and I never signed the document? It certainly seems and unreasonable and disproportionate punishment for the "crime", and doesn't allow for children to make mistakes.

Parents don't have to sign off on a school policy in order to be bound by it.

According to all the people you've talked to, the policy will be upheld.

It isn't theft. Cell phones are prohibited at school. It was confiscated because your son had it in his possession, just as any other prohibited item would be.

[beccanet]

So does anyone know if there is any legal recourse regarding this policy, as I feel that it violates everything this country is supposedly about? I've done a little websearch, and it appears that even in the UK and Australia they recognize that seizure of student's property shouldn't be for excessive periods of time, as it is unreasonable and disproportionate to the "crime" committed.

What's criminal is the way they treat these children---as if they all ARE criminals. Even drunk drivers get three strikes! What they are teaching our children is that they live in a Big Brother society that won't listen and is harsh and unyielding. NOT what I want my kids to learn. I will probably be moving them to a private school next year, whose policies aren't so draconian and who is more likely to work with the parents on issues. The stranglehold the school system has on parents and students is just wrong. Is it any wonder that some kids feel their only recourse is to bring a gun to school? I begin to think that the school system has brought this on itself.

From [url=http://katzjustice.com/students.htm:]STUDENTS' RIGHTS LAWYERS in MARYLAND/DC/VIRGINIA - JON KATZ, P.C.[/url] "In the court system, determination of fault is supposed to be done fairly, and punishments and remedies are not supposed to be imposed with disproportionate harshness. Our nation's professed goals of justice, fairness and due process ring rather hollow to students who witness unfair school administration treatment of themselves and their fellow students. To have a generation of students see basic fairness and rights thrown out the window is to have a generation that is less likely to be fair and just in later life when holding positions of authority and power."

[perroloco2]

Or, maybe it's preparation for the real world of work in which failure to adhere to company policy, just one time, can result in termination.

If you're really serious about pursuing this with so much vigor, then I suggest you start contacting your legislators.

[Stevef]

Originally Posted by beccanet

So does anyone know if there is any legal recourse regarding this policy, as I feel that it violates everything this country is supposedly about?

You could contact an attorney and sue for conversion. The legal cost would likely exceed the value of the phone, and the school could plead immunity.

[stealth2]

Please. You may be naive enough to believe that your darling little angel boy didn't realize that he had his phone in his pocket AND that he had no idea he'd lose it for the school year, but not all of us are.

I can guarantee that your darling little angel boy signed an agreement to abide by the school policies (which would have included this) at the beginning of the year. It's pretty standard. HE is the one who screwed up. So HE is the one you can blame. It's April. He'll have it back in 6 weeks or so. Who knows - maybe it will get him focused on studying for finals.

[Kiawah]

Buy a replacement phone, and have the cell carrier convert the number over to the new phone. You're wasting more time, energy, and cost than the thing is worth. When you get the phone back in 2 months, you'll have a spare for the next time he does it next year.

[TheGeekess]

There are many school districts (even in Alabama) where cell phones will be confiscated for the rest of the school year if they are brought into the school. Junior has no room to plead ignorance. It's six weeks to the end of the school year. Do you think you are doing him any service by teaching him that if he violates school rules that Mommy will fix it instead of him facing the natural and legal consequences of his action? What's next, Mommy? A little shoplifting? Drugs?

[stealth2]

Originally Posted by Kiawah

Buy a replacement phone, and have the cell carrier convert the number over to the new phone. You're wasting more time, energy, and cost than the thing is worth. When you get the phone back in 2 months, you'll have a spare for the next time he does it next year.

So... you advocate violating school policy? Amazing. No wonder our kids don't care about rules or limits.