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Cofiscating of property by public schools

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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.
 


Tinaa

Member
So you would like to teach your daughter that signing your name to a paper means nothing? What happened to ethics? The school has a policy in place, you and your daughter were aware of the policy, she chose to violate the policy. She should lose the phone.

The problem is that I had signed a paper saying that if it were seen again it would be confiscated
From your post, it sounds like this is not the first time she has been in trouble for having her phone out during class. Even of you had a heart attack she would not be able to leave the school.

Her defiance of the rules and authority is the issue here. Her refusal to follow school policy is grounds for removal.

And, no, a contract doesn't have to be notarized.
 

wincha

Junior Member
phone

expelling her is harsh however she did not follow the rules after she had been caught before and you did sign that they could take the phone. even if it was not notarized you gave your word and it should mean something. the phone should not be brought to school period. if you have an emergency her school can be called. you have put the school in a difficult situation by stating that you would support them and you did not. i would offer a compromise that she receive the phone back at the end of the school year. this would get her back in school which she needs to be. both of you knew the rules and must follow the consequences. if this means she has to stay home more, or call home more so be it those would be the natural consequences of bringing the phone to school and it sounds like at least the 2nd time.

go in and apologize. explain the urgency and your concern with the phone. make arrangements if you have an emergency she will be called out of class as soon as possible. follow through with your word that they get the phone but explain this is a hardship especially during the summer and ask that it be returned to her at the end of the school year.

in my son's school if he brought something in he wasn't supposed to(grade school) it was put in the "june box" he got it back at the end of the school year(the kids did) sorry this sounds like grade school but your daughter keeps breaking the school rules and you need to support the school in this and keep your word
 

BelizeBreeze

Senior Member
wincha said:
expelling her is harsh however she did not follow the rules after she had been caught before and you did sign that they could take the phone. even if it was not notarized you gave your word and it should mean something. the phone should not be brought to school period. if you have an emergency her school can be called. you have put the school in a difficult situation by stating that you would support them and you did not. i would offer a compromise that she receive the phone back at the end of the school year. this would get her back in school which she needs to be. both of you knew the rules and must follow the consequences. if this means she has to stay home more, or call home more so be it those would be the natural consequences of bringing the phone to school and it sounds like at least the 2nd time.

go in and apologize. explain the urgency and your concern with the phone. make arrangements if you have an emergency she will be called out of class as soon as possible. follow through with your word that they get the phone but explain this is a hardship especially during the summer and ask that it be returned to her at the end of the school year.

in my son's school if he brought something in he wasn't supposed to(grade school) it was put in the "june box" he got it back at the end of the school year(the kids did) sorry this sounds like grade school but your daughter keeps breaking the school rules and you need to support the school in this and keep your word
Just why the hell are you posting an answer to this situation when, if you had follow the link I provided, you would have found the CORRECT answer. This post is DONE.
 

wincha

Junior Member
posting?

Just why the hell are you posting an answer to this situation when, if you had follow the link I provided, you would have found the CORRECT answer. This post is DONE.
__________________

Excuse me but who are you? Are you running this board and if so then close the post when it is done like other boards do. I'm amazed that the post is done and your answer is the final answer. There could other opinions here. Also please clean up your language I find it offensive. I am just posting trying to help with my answer there is not a CORRECT answer as you suggest. I do not have to follow your link and if this is the way you run this board you need to figure out a more better way to close a post so it can be looked at only.
 

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