Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?
In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.
Today - 2 months later, Victim informs someone at school that picture may be circulating. Middle school Principal decides to conduct a "child pornography" investigation at 10AM this morning, pulls my child out of class to question them about the picture. My child relays story above and also writes a statement. Due to repeatedly asking the same questions from other staff members, this "interrogation" goes on for a few hours. Principal confiscates phone to supposedly be passed onto law enforcement. Parents were not notified until 6 hours after child was initially removed from class.
Because we found out late, principal had left for the day so we couldn't get any answers. From a legal standpoint, what should my next steps be? Is school right to take kids' phones?
A: I agree with my colleague. It is best to contact an attorney as soon as possible. There are limits to when a school administrator can confiscate and view items on a student's cell phone. It is best to contact an attorney who specializes in education law.
We are more than glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
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