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  1. #1
    Join Date
    Jun 2008
    Location
    Houston
    Posts
    6

    Default Schools Confiscating Student Property

    This has bothered me for a long time now. I always thought this would be illegal, and it turns out it is. But schools are run by the government, and you know the government... But I mean I agree with the op, they shouldn't be able to do that. It's stealing.

    Same thing with a woodshop teacher I had a few years ago. We were making these wood cars. We paid for them, and they were leagelly ours. If we messed up the car, instead of him telling us "You messed up and have to start over", he would cut our car in half and make us pay for another one. Leagally that's illegal, am I not right? Destruction of personal Property?

    Anyway, back on topic... I don't think they should be able to do that, and am not certian if you could successfully take action against them, and win. :/

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: School Cell Phone Confiscation

    I don't think you have a leg to stand on. The school has policies and most of them have to enforce it. Were you told of the policy? Were you warned PRIOR times regarding the policy? Of course you were. Think about what would happen if every kid were allowed to use their phone. A public school and the officials they employ are employed to teach. If your behavior (cell phone, smoking, fighting or whatever) makes that task of teaching others difficult, they have the right to enforce the rules.

    You are 18 and you also have a right to withdrawal yourself from the school if you don't feel that you can follow the rules and get your GED.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: School Cell Phone Confiscation

    emancipation in New York is 19, not 18.

  4. #4
    Join Date
    Jun 2008
    Location
    Houston
    Posts
    6

    Default Re: School Cell Phone Confiscation

    Oh really? Well that changes everything. Still, I mean, legally, they can not. But they have rules. If the school rules were LAWS (they should be) then there'd be no way to get out of it. You should follow the rules, but leagaly you can sue them, I guess, for taking your phone. I don't really think you would win though.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: School Cell Phone Confiscation

    since nobody noticed, OP is asking about the failure to return the phone after school. I would have to guess that this is the policy for the school but even with the OP being 18, refuse to do so. Since New York has a screwy emancipation rule and age, I would suggest that the school still treats OP as being under the control of their parent. As such, a parent would be required to retrieve the phone.

    I would suggest the same tact as I had to undertake with my child when she turned 18 and was in school; provide the school with a letter relinquishing control of my child concerning school actions. Until that time, the school would report absences and such to me and would require me to address same.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: School Cell Phone Confiscation

    Quote Quoting jk
    View Post
    emancipation in New York is 19, not 18.
    NY has a drop out age at 17 though. Not all states have the same drop out age and age of majority.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: School Cell Phone Confiscation

    Quote Quoting Unknown98
    View Post
    This has bothered me for a long time now. I always thought this would be illegal, and it turns out it is. But schools are run by the government, and you know the government... But I mean I agree with the op, they shouldn't be able to do that. It's stealing.


    Anyway, back on topic... I don't think they should be able to do that, and am not certian if you could successfully take action against them, and win. :/
    The confiscation of the cell phone is a "seizure" under the 4th AM. However, the law only mandates, if not specifically adressed by statute, that it be "reasonable".

    The 'temporary' hold on the cell phone is within accepted policy as a means to punish for a violation of school rules.

    I doubt if such policies are unconstitutional?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: School Cell Phone Confiscation

    Quote Quoting BOR
    View Post
    NY has a drop out age at 17 though. Not all states have the same drop out age and age of majority.

    While the drop out age is 17, (16 in my state) that does not mean the child gets to make the choice. As long as they are minors, they are under the control of the parent.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: School Cell Phone Confiscation

    Quote Quoting jk
    View Post
    While the drop out age is 17, (16 in my state) that does not mean the child gets to make the choice. As long as they are minors, they are under the control of the parent.
    As I interpret NY law, it is soley the minor's choice. If this is the appropriate chapter, it does not mention parental consent!


    3. In each school district, the board of education shall have power to
    require minors from sixteen to seventeen years of age who are not
    employed to attend upon full time day instruction until the last day of
    session in the school year in which the student becomes seventeen years
    of age.



    http://caselaw.lp.findlaw.com/nycode...XEDN03205.html

  10. #10
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: School Cell Phone Confiscation

    BOR, they're minors. Since when does a minor have the rights to do anything of their choice over a parents choice?

    I see nothing in the law you posted that would infer it is the minors choice. It merely states the ages which a minor must attend school.

    Go here: http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

    and cruise down to section 3212. That tells you who is responsible to see the minor does attend school.

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