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Public schools confiscativing property

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jbshawoot

Junior Member
Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars. Because the fact that students are required to attend highschool, (if they dont then they're legal guardians will be arrested) it seems unjust to put them in the position to be restricted from the use of a telephone in case of an emergency. Plus every legal citizen has the right to attend public school, we pay for it in our taxes, and if we dont give them the phone, my daughter wont be allowed back in school.

The situation:

My daughter was in class when her phone (which was in her pocket) vibrated, not making much noise, not distracted class. The teacher then asked for the phone, and my daughter refused to give it to her do to the fact she knew that they would donate it to an unspecified charity. Because my daughter refused to give up the phone, she is to be expelled until further notice. The problem is that I had signed a paper saying that if it were seen again it would be confiscated, but this was not notarized, and there was no signature of a witness. The school told me that if the paper was not signed, then my daughter would not be allowed to come back to school, putting me in a lose-lose situation. A contract is not legal unless it is notarized, am I correct? And a school is not allowed to turn down the right to an education, unless specified that the student had broken a rule that is grounds for expulsion, which this rule was not.
If my daughter does not have that phone and I have a heart attack (I've already had two, and a history of heart problems) how am I going contact her? We can't afford another phone, unless we want to be 300 dollars in debt. I'm just pretty sure that there is some sort of law prohibiting the government to confiscate property without just cause. Any help would be great.
 


BelizeBreeze

Senior Member
You have made a lot of assumptions that are incorrect. The school has every right to confiscate the phone. Whether or not they have the right to donate it is another question. However, there's a very easy solution. Simply don't allow her to take the phone to school.

I guess even in Kentucky the schools come equipped with phones, one which you could call in case of an emergency.
 

enjay

Member
The problem isn't that she had the phone (I'd guess 75% of high schoolers have one), it's that it was turned on during school. The school has the right to set its policies, although I doubt they can legally dispose of the phone. Most schools will confiscate the phone and release it to a parent.

If you have heart problems, call the school and they will pull her out of class. That's what people had to do in the olden, unenlightened days before everyone had cell phones.
 
S

seniorjudge

Guest
jbshawoot said:
Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars. Because the fact that students are required to attend highschool, (if they dont then they're legal guardians will be arrested) it seems unjust to put them in the position to be restricted from the use of a telephone in case of an emergency. Plus every legal citizen has the right to attend public school, we pay for it in our taxes, and if we dont give them the phone, my daughter wont be allowed back in school.

The situation:

My daughter was in class when her phone (which was in her pocket) vibrated, not making much noise, not distracted class. The teacher then asked for the phone, and my daughter refused to give it to her do to the fact she knew that they would donate it to an unspecified charity. Because my daughter refused to give up the phone, she is to be expelled until further notice. The problem is that I had signed a paper saying that if it were seen again it would be confiscated, but this was not notarized, and there was no signature of a witness. The school told me that if the paper was not signed, then my daughter would not be allowed to come back to school, putting me in a lose-lose situation. A contract is not legal unless it is notarized, am I correct? And a school is not allowed to turn down the right to an education, unless specified that the student had broken a rule that is grounds for expulsion, which this rule was not.
If my daughter does not have that phone and I have a heart attack (I've already had two, and a history of heart problems) how am I going contact her? We can't afford another phone, unless we want to be 300 dollars in debt. I'm just pretty sure that there is some sort of law prohibiting the government to confiscate property without just cause. Any help would be great.

The school cannot confiscate a cell phone and donate it to whomever they wish.


The school can make conditions for allowing your daughter to return to school (other than that of confiscating your cellphone).
 

stealth2

Under the Radar Member
WTF were you thinking giving the kid a $300 phone? Tracphone sells prepaid plans w/a free phone for under $30. As enjay said - if there is a medical emergency, you call the office. Well, not you as you likely won't be calling anyone but 911 if you're having a heart attack. But you can ask the hospital, etc to call.

Every school I have personal knowledge of has a policy that cell phones are turned OFF during school hours. Our HS, in fact, disables pay phones during academic hours so that kids aren't calling the g/f, b/f, dealer, Mommy, Daddy, etc. If there is a problem - the kid goes to the office and they will call the appropriate person. If the parent has a problem, s/he calls the office and the office will handle getting hold of the kid.

This is not rocket science. Your kid didn't follow school policy. Take comfort in the fact that your expensive phone may help a battered woman call the cops.
 

HomeGuru

Senior Member
jbshawoot said:
Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars.


**A: this is a no brainer. Concentrate on education and not on cellphones so your daughter can grow up and learn to spell unlike you.
 

BSJM

Member
I agree with everyone else, if she's going to carry a phone, it needs to be "off" (not on vibrate) during class. If your only way to get her back into school is to give up the phone, then go to your local cell phone provider and buy a defective one off them. Give that phone to the school and your problem is solved. They will feel that they've properly dealt with the situation and you won't have to give up your $300 phone. You do know that most providers give you a "free" phone or you can get a decent one for less than $100? Mine cost $49 and works just fine. Kids are so spoiled these days, and whose fault do you think that is? :rolleyes:
 

Tammy1234

Junior Member
My daughter's school requires the kids to keep their phones in their lockers with it turned off. They do this because they don't want class being disrupted. They also do it because they have caught kids cheating by calling each other or text messaging each other. Buy a defective phone and give it to the school and don't let your child bring one back.
 

CaRenter

Junior Member
HomeGuru said:
jbshawoot said:
Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars.


**A: this is a no brainer. Concentrate on education and not on cellphones so your daughter can grow up and learn to spell unlike you.

:) Applause!! My thoughts exactly! ;)
 
I chose this

HomeGuru said:
jbshawoot said:
Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars.


**A: this is a no brainer. Concentrate on education and not on cellphones so your daughter can grow up and learn to spell unlike you.

I like this one the best... I counted so many mispelled words in the original post I had to shake my head. I shook so hard that a sock came out of my ear...
so I had to go to my garage and apologize to my dryer for yelling at it earlier.

So lady... go to school with your kid... learn a little more and you won't need her to get in touch with you if you have a heart attack (god forbid)
 
S

seniorjudge

Guest
Q: The problem is that I had signed a paper saying that if it were seen again it would be confiscated, but this was not notarized, and there was no signature of a witness. The school told me that if the paper was not signed, then my daughter would not be allowed to come back to school, putting me in a lose-lose situation. A contract is not legal unless it is notarized, am I correct?

A: No, you are not correct.
 

HomeGuru

Senior Member
OK< I just got this post notarized by a roter republic so now it's legal.


QUOTE=jbshawoot]Goshen, Kentucky (Oldham County).

I'm pretty sure that it is illeagle for a public school to confiscate a phone worth 300 dollars. Because the fact that students are required to attend highschool, (if they dont then they're legal guardians will be arrested) it seems unjust to put them in the position to be restricted from the use of a telephone in case of an emergency. Plus every legal citizen has the right to attend public school, we pay for it in our taxes, and if we dont give them the phone, my daughter wont be allowed back in school.

The situation:

My daughter was in class when her phone (which was in her pocket) vibrated, not making much noise, not distracted class. The teacher then asked for the phone, and my daughter refused to give it to her do to the fact she knew that they would donate it to an unspecified charity. Because my daughter refused to give up the phone, she is to be expelled until further notice. The problem is that I had signed a paper saying that if it were seen again it would be confiscated, but this was not notarized, and there was no signature of a witness. The school told me that if the paper was not signed, then my daughter would not be allowed to come back to school, putting me in a lose-lose situation. A contract is not legal unless it is notarized, am I correct? And a school is not allowed to turn down the right to an education, unless specified that the student had broken a rule that is grounds for expulsion, which this rule was not.
If my daughter does not have that phone and I have a heart attack (I've already had two, and a history of heart problems) how am I going contact her? We can't afford another phone, unless we want to be 300 dollars in debt. I'm just pretty sure that there is some sort of law prohibiting the government to confiscate property without just cause. Any help would be great.[/QUOTE]
 

BelizeBreeze

Senior Member
BelizeBreeze said:
You have made a lot of assumptions that are incorrect. The school has every right to confiscate the phone. Whether or not they have the right to donate it is another question. However, there's a very easy solution. Simply don't allow her to take the phone to school.

I guess even in Kentucky the schools come equipped with phones, one which you could call in case of an emergency.
HELLO????????????????????????????????????/
Are you as dense as your child? What, about my FIRST answer to you did you not understand?

Do I have to type S L O W E R.....?
 

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