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re: WWYD?: Principal refuses to return cell phone to parent.
Posted on 4/16/15 at 12:02 pm to jrodLSUke
Posted on 4/16/15 at 12:02 pm to jrodLSUke
quote:
Are we not protected by illegal confiscation of property and does this apply
Look up civil asset forfeiture and get back to us... The police can take whatever they want and its up to you to show they took it illegally.
0
Posted on 4/16/15 at 12:10 pm to High Life
Parents don't discipline their children. If the phone was returned to the father the student would have it back in class the next day.
Posted on 4/16/15 at 12:17 pm to ShuckJordan
quote:
Parents don't discipline their children. If the phone was returned to the father the student would have it back in class the next day.
Then you suspend or expel the student.
Here is your phone when you learn to leave it at home you can return to school.
This post was edited on 4/16/15 at 12:18 pm
Posted on 4/16/15 at 12:20 pm to theenemy
quote:
Except the phone is the property of the parents and should be returned when requested by the parents.
I agree that legally, the phone should be returned. But I wouldn't have an issue if they took my kid's phone if he knowingly broke the rules. A week would be the longest I let it go. Parents acting butthurt about rules after they are broken are the worst. If they aren't legal then, they weren't legal before. Say something before it directly affects you.
Posted on 4/16/15 at 12:24 pm to theenemy
It has gotten extremely hard to physically expel or suspend kids due to laws and regulations that require the school system to provide a FAPE. If you, a parent, sign the contract it will be hard to get the phone back. I have seen this play out before, but by the time lawyers are called in and it goes to a due process hearing the 2-3 weeks are usually up.
Posted on 4/16/15 at 12:30 pm to Tigerstudent08
I am a teacher and this parent is probably a huge part of the problem. We take a kids phone and they can get it back from the office at the end of the day. We do that 2 times. On the 3rd time we call parents and they have to come pick it up, 4th time ANOTHER call. Finally, on the 5th time we take it and it gets put in a safe until the end of the school year. The issue here is that some parents continue letting their kids bring their cell phone to school. If the parents insist on their kids having a phone for safety reasons, which I get, then the kid is just being completely defiant. Too bad so sad.
This post was edited on 4/16/15 at 12:31 pm
Posted on 4/16/15 at 12:34 pm to ShuckJordan
Then test the system and refuse to sign the contract at the beginning of the year. Wait, if you refuse to sign then what happens? Exactly, you are not willingly signing a contract, you are being forced into the contract. Kind of nullifies the contract, IMO.
The school should return the phone to the parent. If the student is a habitual offender than discipline him by not allowing him to have the phone on campus (must drop off/pick up the phone from the office each day) and if there continues to be issues, detention, ISS, and OSS is how the school handles it.
The school should return the phone to the parent. If the student is a habitual offender than discipline him by not allowing him to have the phone on campus (must drop off/pick up the phone from the office each day) and if there continues to be issues, detention, ISS, and OSS is how the school handles it.
Posted on 4/16/15 at 12:38 pm to Mr. Wayne
quote:
If it's plainly in the rules then yes, the principal is in the right. Kid took the risk and parents should hold him accountable. Arguing the length of the rule after the fact is sending a bad message to the kid.
Um, you can't pass a rule that allows you to break the law. Taking my property, regardless of your rules, is against the fricking law.
What the frick is wrong with people!!
Posted on 4/16/15 at 12:43 pm to ShuckJordan
quote:
Parents don't discipline their children
Notice how some of the "parents" posting here are more focused on who is going to "pay the bill" or claiming "that's my property" than the actions of the child who caused the disturbance in the first place? Pretty telling.
Posted on 4/16/15 at 12:44 pm to ShortyRob
Try it out Shorty and see what happens.
Posted on 4/16/15 at 12:44 pm to theenemy
quote:
Then you suspend or expel the student.
Taking a child out of school is not a solution to the problem, especially over a cell phone violation.
Posted on 4/16/15 at 12:56 pm to High Life
Ghetto power hungry? SMH. Of course a parent should discipline their children, but they sign documents agreeing to the rules outlined in the school's handbook. It's great when parents remember that and support the school in their discipline too. Of course if there are no rules [hard to imagine in this day and age] regarding consequences to actions, then students/parents have a right to protest any punishment.
As a retired teacher who taught at a 98% white private school, I can tell you that we had similar rules regarding cell phones. The first two times a phone was taken, the student rec'd a detention and had phone delivered the Disciplinarian for the school. Oh and each time parents had to come to school to retrieve the cell phone. If it happened a third time, another detention was given and phone stays w/ the Disciplinarian until the end of the school year.
Did we have some parents complain, go to higher ups, etc.? Yep, and guess what, our rules still applied. What I shook my head at were those students and/or parents who would defiantly say, "I signed those documents at the beginning of school, but I didn't waste my time actually reading the handbook!" Ummm, sorry but that doesn't negate the rules.
Even sadder were the kids who lost their cell until the end of the school year, bought another and still had those confiscated.
Just remember ignorant, entitled thinking kids/parents come in all shapes and colors.
As a retired teacher who taught at a 98% white private school, I can tell you that we had similar rules regarding cell phones. The first two times a phone was taken, the student rec'd a detention and had phone delivered the Disciplinarian for the school. Oh and each time parents had to come to school to retrieve the cell phone. If it happened a third time, another detention was given and phone stays w/ the Disciplinarian until the end of the school year.
Did we have some parents complain, go to higher ups, etc.? Yep, and guess what, our rules still applied. What I shook my head at were those students and/or parents who would defiantly say, "I signed those documents at the beginning of school, but I didn't waste my time actually reading the handbook!" Ummm, sorry but that doesn't negate the rules.
Even sadder were the kids who lost their cell until the end of the school year, bought another and still had those confiscated.
Just remember ignorant, entitled thinking kids/parents come in all shapes and colors.
Posted on 4/16/15 at 1:01 pm to ShortyRob
quote:
Um, you can't pass a rule that allows you to break the law. Taking my property, regardless of your rules, is against the fing law.
What the f is wrong with people!!
I believe the counter argument is that it is not a crime to have possession of another's personal property if you have that person's consent. Here, under the presumption that both the child AND the parent signed a document stating that they understand and agree to abide by the school rules (i.e. confiscating the cell phone) then the school personnel has not committed a crime because they are in possession of the property with the owners consent.
Posted on 4/16/15 at 1:05 pm to SECMAN16
quote:
I believe the counter argument is that it is not a crime to have possession of another's personal property if you have that person's consent. Here, under the presumption that both the child AND the parent signed a document stating that they understand and agree to abide by the school rules (i.e. confiscating the cell phone) then the school personnel has not committed a crime because they are in possession of the property with the owners consent.
No because consent can be taken away.
The school has the right to take the property until the owners request it be returned.
At that point the school must return it.
Posted on 4/16/15 at 1:32 pm to brgfather129
quote:
Taking a child out of school is not a solution to the problem, especially over a cell phone violation.
Well I'm sure that the phone is likely to have been a disturbance and a potential disturbance is enough to bw suspended..just like, disobedience, fighting etc
Posted on 4/16/15 at 1:38 pm to theenemy
quote:
The school has the right to take the property until the owners request it be returned.
At that point the school must return it.
I do not think that is correct. Louisiana law prohibits the use of cell phones by students while at school without school approval. Louisiana law also states that schools can come up with disciplinary actions when school rules are violated. Other states with similar statutes have held that a school may confiscate the cell phone and hold it for some period of time even if the parent demands return of the phone.
Posted on 4/16/15 at 1:40 pm to SECMAN16
Sounds like a lack of due process.
Posted on 4/16/15 at 2:23 pm to JordonfortheJ
quote:
Well I'm sure that the phone is likely to have been a disturbance and a potential disturbance is enough to bw suspended..just like, disobedience, fighting etc
Having a phone out may be a disturbance, but not at the level of "fighting" of all things. If a student is defiant when asked to put the phone away, then they should be subject to disciplinary action. Violating the cell phone policy multiple times on its own doesn't warrant removal from the school...which was my point and what I was responding to.
Posted on 4/16/15 at 2:36 pm to AnonymousTiger
quote:
It's not theft because they intend to return the phone eventually
yes officer, i didnt really steal this purse i was planing on giving it back in a few weeks. Posted on 4/16/15 at 2:43 pm to CarRamrod
quote:
yes officer, i didnt really steal this purse i was planing on giving it back in a few weeks.
Is that plausible?
Is it plausible that a confiscated phone will be returned as stipulated per school board policy?
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