What legal rights do public school systems have with regard to property students bring to school?
To wit:
One of my christmas gifts to my sister (15 y/o) was a pager, so her friends could get ahold of her, so my mother could page her, things like that. She takes it to school, puts it in silent mode to not disturb classmates, and it’s no big deal.
She’s a straight-A student, in accelerated/honors classes.
A few weeks ago she had her pager taken away from her by the school district “until the end of the school year” for bringing it into school. Apparently it’s against school “rules”.
Does the school have the right to do this? First off , I fail to see how a school in the first place can tell students they can’t have a pager or cell phone or laptop or whatever, it’s a part of society. But more specifically, what right of posession do they have over her property?
Taking the route of “it’s MY property”, would I have any recourse against the school? Obviously she needs either this pager back or to purchase a new one, and in either case, I’m now paying for airtime on something she can’t use.
I’m not looking for a legal consult, more advice from people that might be knowledgeable. If it turns out we have rights that the school is violating, I’ll go from there.
IANAL, but it seems to me that what is happening here is theft.
There is no way they can retain her possessions for the rest of the school year. Was she disruptive? Was she using the pager to deal drugs? (probably the reason for the ban) A parent should schedule a meeting with the principal to get the pager back and to discuss the reasons for its confiscation and the specifics of the school regulations. A promise to follow the rules in the future should suffice.
I remember that my friends used to have toys confiscated in elementary school, which could only be retrieved by their parents. Rather than face the wrath of their parents, those toys usually stayed in the teacher’s desk until the last day of school in June.
The school certainly has the right to forbid any item it sees fit upon school grounds (as long as said rule is applied fairly and evenly and not targeted at a specific group). Beyond that however I do not see how they retain the right to keep the property they confiscate unless that property is illegal (and then turned over to the police). Pagers may be against the rules in high school but they aren’t illegal.
Have Mom or Dad call the school and ask for the pager’s return. I’d wager the school would give it back with a promise from the parents and/or student that the pager will not be worn at school. If the school actually tried to keep the pager then they are setting themselves up as their own mini police state and I bet the courts would take exception to that (i.e. only the police and courts can confiscate property).
Where are you at? Illinois has a law that says that pagers and cellphones aren’t allowed in classrooms -as an early stage in the war on drugs. It seemed that thousands of kiddies were making major dope deals during geography class. -Or something, they had reasons for the law but I can’t remember what they were right off. --I dunno if the law says what the school can do with them or not.–
The lawmaker that originaly sponsered the law now wants it revoked because everybody, even grade school kids, has to be in constant contact with everyone else all the time or they’ll miss the next Internet bubble and have to drive a rusty Buick and live in a trailer their whole lives. I think. Anyway she said things had changed, something about “having to stay in contact with family”. Hey lady, you ever heard of “dinner”? --A Career Woman. Probably not. Oh well.
This kinda happened at my high school when GameBoys first came out. Schools in Illinois can take away pagers and cellphones because there a law that specifically says they can. Otherwise, they can’t, really; the school has to return your property to your parents as soon as your parents show up at the principal’s office. You might need a real lawyer to walk in tossing real legal forms around to get them to do it though, and lawyers charge for that. -Probably more than what a new cellphone or GameBoy costs, so you see how the situation is. Parents usually just go along with the school’s “end of the year” rules, because they aren’t willing to pay for a lawyer. And the school can suspend or (I guess) expell you if they catch you with whatever-it-is over and over. - MC
Or your parents can take the low road, and bulls*** just like the school is doing. Have your mother go in and tell them that a relative with a liver disorder has the same blood type as you, and you carry the beeper in case they need a blood transfusion. - MC
I would think a good reason to ban pagers and cell phones most of the time is that they can be extremely disruptive.
It’s annoying to be sitting in class and having all these pagers and phones going off.
our school teachers despise phones. there isn’t a ban on phones except stickler teachers (my math teacher) who hate kids, too. eh tried to take one of my friend’s because he had it sitting on his desk, in stealth (silent) mode. the teacher took the phone, and brought it to the office, the student got it back after that hr because it wasn’t even turned on. I, Personally, Carry my phone with me at all times just because I like to always be in touch with people. teachers, or administrators of any kind would NOT be able to get my phone away from me unless they hog-tied me or something, I’d make them pay me 80bucks (that’s how much my phone cost) and then I’d make them pay me another 360 bucks (that’s how much my phone bill is for a year).
I don’t think there is ANY legal way that a school can take the person’s belongings. I, personally, would take something of equal value and hold it ransom. (with a little video-recording and ransom-note)
My wife is a teacher and her school has a similar ban on pagers and cell phones. Usually, if the devices are off and out of sight (in a purse, gym bag, etc) there is usually no problem. If the device is taken, the parent MUST come to the school to retrieve it. All of this is stated in the school handbook (it’s a private school, BTW). Repeated violations, ie the device going off in class CAN result in suspension (usually in-house).
The Supreme Court has ruled (several times, I think) that minors have the same rights as adults. Presumably, this includes the right to not have property confiscated without due process of law.
I always thought the school would give the student a choice. Turn over the item voluntarily, or be sent home (which means call the parents to pick them up). Even when the student turns it over, I always thought they got it back at the end of the day, with a warning not to bring it again.
The Supreme Court has never ruled that minors have the same constitutional rights as adults. And, in fact, they do not.
The Supreme Court has ruled, on several different issues, that minors have constitutional rights, but those rights are not coterminous with those of adults.
Pagers and cell phones in class are disruptive. Trying to give a lecture on factoring polynomials and kids chatting away on their phones. In school, the students are supposed to be paying attention to the teacher, or doing homework, or the reading assignment. They aren’t supposed to be running to the phone.
That said, there are reasons for having pagers or cell phones. For some, it is a great way for parents to keep in contact with their children. The question is, are they using it sensibly or abusing it. Mere possession of the pager and cell phone is not abusing it. I can see the kid wearing the pager for emergencies, as long as they aren’t constantly asking to be let out of class to return phone calls. Keep the pager on silent.
I would say first off have the parent go to the principal’s office and ask for it back. Also ask about the policy and why they took it. Establish guidelines - for instance, keep it off during class and only check during breaks, etc.
I think the confiscate for the year comes into play because they have too many repeat instances. They take it today and give it back at the end of the day. Tomorrow, they have the same interruption, and have to confiscate it again for the day. And then the next day it is the same thing all over. So they confiscate it for the year first thing.
It may be something that has to go to the school board, and revise the policies.
Ad Noctum, I hope that was a joke. Schools do have the right to take property, acting as substitute guardians. Taking something back is only going to increase the trouble. That is stealing. You have no authority, they do have authority. Even if they don’t have the authority to take the object for the rest of the year (that is the question), you’re taking something of theirs only subjects you to more disciplinary action, including arrest.
The quote in question is concerning freedom of speech(in that case freedom to wear black arm bands). Tinker v. Des Moines
In some things they do have the same rights, and I think if this happened to my kid, I would first go down and talk to the principle, and failing that file a police report for theft. This kind of stuff pisses me off.
You have hit the nail on the head. That is the reason that our school bans them. Welcome to the 21 century school system where two assholes shoot up their class and now millions are suspected of doing the same.
I go to a college as well as a high school and cell phones go of all of the time. But it ISN’T A DISRUPTION! They calmly turn it off, or leave their seats and go outside. Nothing hurt.
Why high schools can’t adopt this same policy is beyond me.