Peoria, IL asked in Employment Law, Immigration Law and Civil Rights for Arizona

Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children, specifically single parents (mostly minority families). Many homes don't have phone lines and could hinder a student calling for help during an emergency. Female students are put in grave danger because they have no way of calling for help. Cell phones are valued over 1000.00 dollars and have financial impacts on single parents who must continue to pay for the service.

1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Criminal Law Lawyer
  • Wheeling, IL

A: Yes.

Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.

The school may and should limit any child' s access to a mobile phone that may be used improperly thus interrupting the educational process (serving the web, accessing adult materials etc.)

If a single parent signs up a child to the educational institution the parent is advised on the school policies.

Thus, based on public policy, educational needs, and children safety many schools limit or forbid cell phone use by its students.

If any parent feels that the cell phones are valued over $1000 they have a choice not to purchase them or pay for any financially onerous monthly plans.

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