School is Charging for Return of Cell Phones

[Jacoby]

*** Is is right or legal for teachers to take students phones and charge them money to get it back just because the school is poor and looking for revenue?
You can skip the situation story if you'd like.***


-----Heres the real time event of the theft. A Quiz Bowl trip is being organized and we have to have a parent sign a form, and due to lack of teacher planning, we have about 30 minutes to get this done in order to send in the forms in time. The other kids get their parents on the office phone and everything is fine, but my mothers cell phone is an out of town number and the office phone won't call it. I suggest that since I'm 18 I should be allowed to sign the form, but the counselor tells me no "You need to find a way to get in contact with your mom." Implying "Go use your cell phone," because rules are lax here, and its just accepted that 90% of the students have their phones. So I go in an empty bathroom , this is during morning break, and start to call. One of the stricter teachers pops through the door and snatches my phone out of my hand. I try to explain to him I was doing this for school business and on the couselors permission but he takes it down to the office anyway, and puts a $50 fine on it saying I have to pay it before I can have it back. When I go to the counselor and tell her whats happened her response is " Oh well you got caught so you broke policy. Too bad you should have used my phone."....A phone which was never offered 3 minutes before.---

So is this in anyway right, moral, or legal to be charging $50?

[lealea1005]

What does your school policy state with regard to cell phones during school hours?

[KeyWestDan]

Schools can take cell phones used during school, but I understand they must be returned at the end of the day. I have never heard of a school demanding $50 to return a phone. That is extortion and theft, plain and simple. I have never heard of any legal authority for that.

I would ask them what state law or school board policy allows that? What is the source of their authority? I am sure they have none and just made it up. I would be at the next school board meeting or pounding down the door of the superintendent.

[Jacoby]

That is in fact the school policy. My point is that I don't believe in schools being given such free reign of making their own policy without check by law, all in claims of "protecting itself." I fully understand that school can be a dangerous place and measures need to be taken to protect teachers and students, such as the need of probable cause for search being changed to "Reasonable suspicion," which is legally interpreted as almost nothing. And colleges who led the way with bans on cell phones had every right to, trying to stop cheating and distractions, and I even understand them being banned in big city schools where teachers can't possible control every aspect of their huge classes. But this is a school of 500 kids with about 90 teachers. Its way out in the country in a small town and theres no gangbangers and hoods here. Theres no viable reason the rule was ever put in place, aside from to conform with general happenings at bigger schools and trying to look fancy. This a seizure without due process of law (justified by "Oh, well we're a school!"), paying a cruel and usual fine for such a "crime" in a town of poor farmers, and the way I look at it just all around wrong because of how the rules are enforced on a individually biased basis. Meaning if your parents aren't in the booster club or a teacher, you get in trouble alot more. Small town politics suck.

[cyjeff]

That is in fact the school policy. My point is that I don't believe in schools being given such free reign of making their own policy without check by law, all in claims of "protecting itself." I fully understand that school can be a dangerous place and measures need to be taken to protect teachers and students, such as the need of probable cause for search being changed to "Reasonable suspicion," which is legally interpreted as almost nothing. And colleges who led the way with bans on cell phones had every right to, trying to stop cheating and distractions, and I even understand them being banned in big city schools where teachers can't possible control every aspect of their huge classes. But this is a school of 500 kids with about 90 teachers. Its way out in the country in a small town and theres no gangbangers and hoods here. Theres no viable reason the rule was ever put in place, aside from to conform with general happenings at bigger schools and trying to look fancy. This a seizure without due process of law (justified by "Oh, well we're a school!"), paying a cruel and usual fine for such a "crime" in a town of poor farmers, and the way I look at it just all around wrong because of how the rules are enforced on a individually biased basis. Meaning if your parents aren't in the booster club or a teacher, you get in trouble alot more. Small town politics suck.

In any size class, students texting during class or the halls ringing with 500 cell phones is too large a distraction.

I have never heard of a fine to get your own property returned before...

[Jacoby]

My point exactly.

[CourtClerk]

I have never heard of a fine to get your own property returned before...

Me either, but I like the idea. I'm actually going to suggest it at the next school site council meeting. People tend to listen and follow the rules when their pockets are effected.

Fine for returning the property? No. Fine for the confiscation? Absolutely. Kind of like an impound fee for your car.

[Antigone]

In any size class, students texting during class or the halls ringing with 500 cell phones is too large a distraction.

I have never heard of a fine to get your own property returned before...

I think CC pegged it. What about towing fees???

I with you CC, I really like this idea!!!

[Mr. Knowitall]

I don't know of any legal basis for imposing such a fine. If you and your parents can't successfully obtain the return of your property without paying a fine, you can try escalating to the school board or administration to see if they will either return the property or provide some sort of legal justification for imposing a fine.

[THEAMAZINGCHAN]

why cant you sign your own form if youre 18?