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.
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.
