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Can a school legally with hold a students cell phone?
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Can a school legally with hold a students cell phone?

When you get your cell phone taken up at my high school, your parents have to come and get it for you. Now that I am 18, can they legally keep me from claiming my property? (not that age has anything to do with it though)...


    




marco
Rating
if you signed an agreement (the handbook rules) they can do whatever the policy dictates


Forget War Buy More
Rating
Absolutely. School is for educational purposes and not for learning. If it is your property then it is your responsibility to use your property in the correct way. Which means once the school day has ended.


fwrsxs200jsxc
Rating
yes.


B.J.
If it is a prohibited item as described in their handbook.


Blaze
Actaully they can believe it or not. If they have a reason to expect you have something on you fone they are able to hold it. That is also why they are able to do locker searches.


candy
Rating
yes


americanfreeman
they most certainly can. They do not even have to give it back.

Easy fix: DON'T BRING YOUR PHONE TO SCHOOL


chattergurl1986
Unless you are legally emancipated and living on your own, yes they can. I can almost guarantee you signed something at the beginning of the year that said you understand they ahve the right to take it away.


charmingathens
Yes, they can still hold it. Most schools anymore force you to sign a agreement at the start of each year with their policy's in it. While if you are under 18 the contact you sign can't be enforced being over 18 kinda makes you screwed. I would try dropping off your cell phone bill and telling them to have fun paying the bill seeing as they have the phone or asking for it back. If they refuse ask them the contact name you can use when you report the phone stole to the police.


Gin Stem
No. You can refuse to give them your cell phone. But, you may get detention or suspension.


Jay G
Rating
If your in in high school or lower then cellphones are most likely not allowed in any school.

Reason being is stated bellow.


!truth!
Rating
I hope so and if you don't want your cell phone confiscated, leave it in your locker while in school.


Aveagoodweegend
Why would you leave your phone on during school?
The teachers would only take it if it went off. Can't people live normally without having their ear glued to a phone anymore?


Raphael
Rating
I'm not sure if this is the case for all high schools, but all of the schools in my area follow a guideline that your parents sign over all reasonable rights you could have (when you turn 18) to the school. It doesn't matter that you turn 18 until that contract becomes voided at the end of the school year.


doug
Rating
That's a good question, and although I'm sure you'll get a lot of people answering you with a straight yes or no, the truth of the matter is that it depends upon the legal jurisdiction that your school is in. The only state that I'm aware of in which laws exist specifically outlawing the possession and use of cellular phones in school are in New York City. On April 22, 2008, the Supreme Court of New York decided the case of Camella Price v. New York City Board of Education, in which the decision of the trial court was affirmed. What that means is that cell phones can no longer be held legally by students in schools in the city. There may be existing laws in other jurisdictions, but it'd be difficult to say without knowing where your high school is.


huntsvillewitch
Rating
If that is school policy, than yes, they can hold your property.

Edit: I think that it is ridiculous that kids can't put their cellphones up at school. Cause, hello, you are in school. They are distracting. I am taking some college classes and there are several people who feel the need to keep their cellphones turned on. I am trying to concentrate and all I hear is ringing, beeping, and vibrating.


David S
Schools are allowed too make rules too protect students and many students use ther cell phones too deal drugs. I do not agree that an 18 year old should have too have their parents pick up their property however.


Kaylee K
yeah sadly they can. but make sure you lock your phone! my Principal read my text messages!


micaela s
Rating
umm... they can if they took it away at school when they told you you couldn't have it. if they took it away for no reason then that is bull. schools have crazy rules about cell phones but follow them or say bye bye!


rev_strider
They can if you still live at home.


lana
sux to say but yeah i think they can :(.


: D Eliseeee.
Rating
haaha just don't get caught next time,
It is just like them taking up a note or gaming device, anything that is "distracting" and bull. It is illigal to keep it and not even let you parent or guardien pick it up, but other than that nopee.. sorry.


jerlovesmetal
Rating
If school policy prohibits the use of cellular phones during school hours, then yes they can with-hold your cellphone, seeing as you are 18 years old though, you can claim it at the end of the day. Next time, leave the phone at home or in your locker turned off. :]


ashley
i don't think sooo...its ridiculous anyways though.





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