School cell phone policy

dragona

Can a school legally confiscate an item from a child for a month? My daughter forgot to switch her phone off and received a text message so the phone beeped ,it has been confiscated for a MONTH and then a fine is payable to have it returned!

January

If it's in the school rules the probably... Have you gone down yourself to try and reclaim it?

jay93

go down yourself and get it back that is a joke a month to get her phone back my old secondary school would take it till the friday then give it back never held it more than a week .

When you leave your daughter at school you're giving them both the responsibility to discipline bad behaviour and the right to perform that disciplinary action in whatever way the school rules state.

She shouldn't have had her phone on. Most people do it anyway, most teachers overlook it. However they're perfectly within their rights as far as I know. It was probably a narky teacher or maybe she was a repeat offender. You may have even signed a copy of the school policy before without realising it, they used to throw one into the start of year paperwork when I was at school.

If she really can't live without it, call down to the school and have her apologise and explain that she needs it. If I were you I'd pay the fine and get it over with, even if you don't agree with it.

GarRoIT

dragona wrote: »

Can a school legally confiscate an item from a child for a month?

Same thing happened to me. Weather or not it's in the schools policies, no school rule can over rule the laws of the state. Go in yourself and ask for it back, if you don't get it back go to your local garda station and report them for theft. I got mine back in less than a day.

true-or-false wrote: »

You may have even signed a copy of the school policy before without realising it, they used to throw one into the start of year paperwork when I was at school.

I overlooked this, is you have signed something to say you will follow the rules, they can do whatever they want once it is contained within what you have signed.

seamus

Legal grey area.

If it's in the rules they would be entitled to confiscate the phone from the child, however they would be obliged to release it to the parent on request. Failure to do so is theft as it is the intent to deprive the parent of their property.
They also cannot demand a payment for return of the phone as that is extortion.

However they would be well within their rights to levy additional "fees" in such cases and not permit the child to return the following year unless the fees are paid in full.

So legally yes they can confiscate the item but if you go down and ask for it to be returned, they must do so. However, they would be well within their rights to take more severe action for future "offences" (such as suspension).

You cannot sign away legal rights in any contract (such as "losing" a phone for month), but you can agree to certain terms such as being required to pay a fine/fee for breaches of certain rules.

The school obviously takes the mobile phone issue seriously.

astra2000

Tbh I would let her feel the pain of having no phone for the month, you wont be doing her any favours bailing her out. This may seem unfair to you and it probably was an innocent mistake but by the school taking a firm approach on the no phone policy they are actually doing your child a favour, would you rather she was in a class where phones were going off regularly and distracting them from what they are meant to be learning. Its good there is such strict controls in place it will make pupils think twice before bringing it into class. This is my opinion as a parent btw I am not a teacher.

Cabaal

Please do not waste gardai time as suggested by another poster,

GarRoIT

Cabaal wrote: »

Please do not waste gardai time as suggested by another poster,

If it comes to it i think you should, there the only people you can really go to if the school refuses to co-operate, once u mention the gardai in the school usually you will get your own way.

implausible

If you send your child to the school, you agree to your child abiding by the rules. I do think that a month is a bit extreme, but I presume that this is because the school has a zero-tolerance approach towards the phones (which I really wish my own school had).

The other thing to consider is the message you're sending your child if you go into the school looking for it. Do you want to tell her that no matter what rules she breaks, you will bail her out? Or do you want to teach her that actions have consequences? What you could do is get the phone back and limit her use of it as a punishment.

Oh yeah and I have yet to meet a student who deliberately left a phone on in class, they've always 'forgot'...:rolleyes:

implausible

GarRoIT wrote: »

If it comes to it i think you should, there the only people you can really go to if the school refuses to co-operate, once u mention the gardai in the school usually you will get your own way.

The only one not co-operating here is the student who broke the rule. Would you call the Gardaí if your brother or sister took cigarettes off your child?

astra2000

GarRoIT wrote: »

If it comes to it i think you should, there the only people you can really go to if the school refuses to co-operate, once u mention the gardai in the school usually you will get your own way.

Crazy idea, honestly if you ever really need to go to the gardai over your childs school, you should just move schools. I really dont get the mindset behind this suggestion going to the gardai over a mobile phone been confiscated for a month what a waste of gardais time, it will completely destroy any school/parent relationship.

How Strange

I agree that a month is slightly excessive but bottom line your daughter broke school rules.

What kind of message are you sending your child about respecting rules if you undermine the school and demand the phone back?

Also, what did you say to your daughter about the phone being turned on in class? Did you automatically take her side or try seeing two sides of it and understand that for a teacher this is probably an everyday problem which they must show zero tolerance in dealing with.

Being the type of parent who reports the school to the gardai for enforcing rules on school grounds is ridiculous and sets a bad precedent for your child in terms of respect and accountability.

rainbowtrout

GarRoIT wrote: »

If it comes to it i think you should, there the only people you can really go to if the school refuses to co-operate, once u mention the gardai in the school usually you will get your own way.

In my experience, the parents who come into the school roaring about 'theft', 'their child's right to a phone' and 'reporting the school to the gardai' are usually the ones who think the sun shines out of their child's arse and the child is an angel and can do no wrong. Most of the time, it's the complete opposite. Most parent's tend to be quite reasonable about stuff like this and accept the term's and conditions of the school policy when they sign up for it.

While I think confiscation of a phone for a month is a bit harsh, I think it would do the child no harm. She's unlikely to do it again.

Or the parent could call into the school and have a chat with the principal/deputy principal about it. If your child is a genuine child and not a persistent offender they may just give the phone back on the spot. Or you could negotiate to leave the phone there for a week so your child still learns a lesson.

Phones cause all sorts of problems in class. If they go off they cause a disruption, but there are plenty of students who would gladly spend their time, texting under the desk/from their pocket, accessing internet or try to take photos/videos if they could get away with it. Very distracting to other students and prevents the student themselves from learning if they have the added distraction of a phone in their pocket.

Hellrazer

I agree rainbow trout.

My daughters school has a similar policy.First offence the phone is confiscated for a week,next times its a month and the third time its until the end of the term.


We agree completely with this rule because.

1.The school has shown us footage of serious bullying taken on a phone that took place before this rule was brought in.
2.Texting and taking calls during school hours can and does disrupt the other pupils.
3.With mobile net access its too easy for kids to cheat in exams etc.

To the OP suck it up and dont let her bring her phone to school again.

pickarooney

I'd suggest she go talk with the teacher, apologise and try get the month knocked down to a week or two. A decent teacher should be able to recognise if a child has learned the lesson. If not, I guess it's tough luck.

cbyrd

This is why i love our school's policy on phones, they're handed to the teacher switched off at the start of class and given back to them at 3pm. If they need to make a call they can use the school phone and vice versa, if i need to get a message to her i phone the secretary. I don't honestly think there is a need to have a phone in class switched on or not.
I'd agree with getting the punishment knocked to a week but if they're not willing to budge then she'll learn her lesson the hard way..:) I dont' agree with a fine though.. as this would be your money unless the child has a job !! It's a double punishment.
The only reason my girl has the phone at school is so i can arrange where i pick her up and on the days i work, if she's walking home so she can let me know everything's ok.

dragona

Right, just to explain further......phone in pocket, was not actively being used, but unfortunately for her was not switched off as it usually is but received a text message which made phone beep. She was asked to hand it over, which she did. She knows full well that the phone is to be switched off during school time,and of course I absolutely agree.

Unfortunately this half term I am travelling abroad with daughter, and she needs the phone. I have been to the school and spoken to the principal, who has REFUSED to hand over the phone to me. I explained that it was needed really for this next week, and that I was willing to let him keep the phone for the remainder of time sanctioned by the school for misuse etc as they have a very strict policy, but he point blank refused to hand over the phone to me. I am extremely annoyed at this, as in reality it is my property, bought by me for my daughters use.

I was very flippantly told to buy another phone for her to use for the week. Needless to say I am immensely pissed off.

Hellrazer

dragona wrote: »

Right, just to explain further......phone in pocket, was not actively being used, but unfortunately for her was not switched off as it usually is but received a text message which made phone beep. She was asked to hand it over, which she did. She knows full well that the phone is to be switched off during school time,and of course I absolutely agree.

In my daughters school if a phone is even seen its in the rules that they can confiscate it.They do not want mobiles on the premises at all during school hours.

Unfortunately this half term I am travelling abroad with daughter, and she needs the phone.

Why?Can you not call the school/year head if you need to get a message to her-we have to do it if we need to.

I have been to the school and spoken to the principal, who has REFUSED to hand over the phone to me.

If hes seen to give in just because one parent requests it he may aswell not have the rule in place since this would travel like wildfire.
Your daughter would probably tell her friends that she got hers back after you complaining and then they`d all be at it.

I explained that it was needed really for this next week, and that I was willing to let him keep the phone for the remainder of time sanctioned by the school for misuse etc as they have a very strict policy, but he point blank refused to hand over the phone to me.

Again--why is the phone so important this week?What did we do in the days of no mobiles?
We called the school to get a message to our kids.

I am extremely annoyed at this, as in reality it is my property, bought by me for my daughters use.

Yes but the school rules say no mobiles.Have to say Im on the schools side here.And if my daughters school confiscated hers I`d be the first one to say fair play to them...she signed the rules,broke the rules and now has to take the punishment for breaking those rules.

I was very flippantly told to buy another phone for her to use for the week. Needless to say I am immensely pissed off.

She`d probably bring that one to school and then you`d be down two phones.

January

Hellrazer wrote: »

Why?Can you not call the school/year head if you need to get a message to her-we have to do it if we need to.





Again--why is the phone so important this week?What did we do in the days of no mobiles?
We called the school to get a message to our kids.

My understanding is that dragona is taking her daughter away next week (school mid term) and she needs the phone while away.

dragona

I am travelling abroad WITH my daughter and she need the use of a phone.It is half term week.

rainbowtrout

January wrote: »

My understanding is that dragona is taking her daughter away next week (school mid term) and she needs the phone while away.

That's my understanding of it too. If the OP really needs a phone, most people have a old mobile lying around the house. She can go into a phone shop and say she lost the other phone and get a replacement sim card with the same number and put it in an old phone for the next few weeks if she's that determined for her daughter to have a phone.

It can be put back in her regular phone when she gets it back from the school. It's an expensive lesson to learn and a month is probably a bit heavy handed but that is the school policy.

dragona

Hellrazer wrote: »

In my daughters school if a phone is even seen its in the rules that they can confiscate it.They do not want mobiles on the premises at all during school hours.

Absolutely right, I am not disputing this at all. I have explained that I need the phone this coming week only.

dragona

rainbowtrout wrote: »

That's my understanding of it too. If the OP really needs a phone, most people have a old mobile lying around the house. .

Well, actually I don't, otherwise it would be a non-issue!

Mike 1972

dragona wrote: »

Can a school legally confiscate an item from a child for a month?

Most of the responses on this thread to date seem to be focused on opinions over whether it is right for the school to act in the way they did but the question the op asked was whether it was legal.........

Hellrazer

Ok I get you now.

How much is the fine??

Tesco are doing mobiles for 19.99.Or can you not borrow an old battered phone from someone and get a free sim pack?

If you really need the same number--cancel her sim(the one the school has) and get a replacement with the same number and put it into the old battered phone I mentioned already.

When she gets her phone back from the school all she has to do is change sim cards.

Hellrazer

Im typing too slow

rainbowtrout wrote: »

That's my understanding of it too. If the OP really needs a phone, most people have a old mobile lying around the house. She can go into a phone shop and say she lost the other phone and get a replacement sim card with the same number and put it in an old phone for the next few weeks if she's that determined for her daughter to have a phone.

It can be put back in her regular phone when she gets it back from the school. It's an expensive lesson to learn and a month is probably a bit heavy handed but that is the school policy.

rainbowtrout

dragona wrote: »

Well, actually I don't, otherwise it would be a non-issue!

Someone you know is bound to have an old phone lying around the house. I'd say there are at least 2 or 3 in my house alone in a drawer. I bet some of her friends have spare phones.

Some of the students in my school were so clued into the whole phone confiscation that they carried two phones to school. If they got caught, they'd whip the battered phone out of their pocket and have them switched before the teacher could walk the length of the room.

dragona

Hellrazer wrote: »

Ok I get you now.

How much is the fine??

Tesco are doing mobiles for 19.99.Or can you not borrow an old battered phone from someone and get a free sim pack?

If you really need the same number--cancel her sim(the one the school has) and get a replacement with the same number and put it into the old battered phone I mentioned already.

When she gets her phone back from the school all she has to do is change sim cards.

Ok, the fine is nominal, less than a tenner but that is not the point. I am interested to know if the principal can actually refuse to hand me the phone! Even after all my explanations!

rainbowtrout

Mike 1972 wrote: »

Most of the responses on this thread to date seem to be focused on opinions over whether it is right for the school to act in the way they did but the question the op asked was whether it was legal.........

It's a bit of a grey area, but probably. It's not theft, the school has agreed to give it back after a month and the parents and student signed the school rules agreeing to this policy when the student started in the school. So they have agreed that the phone can be confiscated. Plenty of schools have other policies relating to hair dye, shaved heads, excessive piercings. There's usually a story around May every year about a student who feels discrimated against by their school because they've shaved their head before the Leaving Cert and now their denied their right to an education. There's also usually a back story behind it....

January

dragona wrote: »

Ok, the fine is nominal, less than a tenner but that is not the point. I am interested to know if the principal can actually refuse to hand me the phone! Even after all my explanations!

If you signed a set of school rules at the beginning of the year stating that if your daughter was caught with her phone on (accident or not) she would have it confiscated for a month, then I'm sure it's legal. It's a contract between you and the school and the principal would have to give every phone confiscated back to each pupil if he made an exception for you and your daughter.

If it's any help I have a Nokia 5230 lying around here that you can borrow (I'm in Dublin), it's on the three network...