Everett, WA asked in Consumer Law, Contracts, Constitutional Law and Education Law for Washington

Q: Do teachers have the right to confiscate personal items for no reason? Even if I'm 18+? (Cascade high, Everett, Wa)

I'm a senior at Cascade High School in Everett WA, and my teacher is making a major change to the year-long syllabus, requiring students to put phones by her desk for the students to be marked present. I never take my phone out in class unless I get specific permission, so does she have the right to take it away if it causes no distraction or disruption? Does she have the right to mark me absent if I don't put my phone near her desk? What if I keep my phone in my pocket and claim I don't have it? She doesn't have the right to search me and she can't make a change to legal documents based on an assumption.

Does any of this change for students over 18?

(Just for more info) Our district states that "High school students who choose to bring cell phones and PEDs to school may only use [them] during transition periods, at lunch, and before/after the school day. Students are expected to silence their cell phones and PEDs before entering a classroom."

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your teacher does not have the right to confiscate your phone without cause, especially if you are not using it or causing a disruption. School policies generally allow for the restriction of phone use during class, but forcing students to hand over their phones as a requirement for attendance is not a standard practice. If you follow the district policy by keeping your phone silenced and put away, there is no valid reason for the teacher to demand possession of it.

Marking you absent for refusing to surrender your phone is questionable and could be a violation of school policy. Attendance should be based on whether you are physically present and engaged in class, not on whether you comply with an arbitrary rule about personal belongings. If you keep your phone in your pocket and say you don’t have it, the teacher cannot search you without probable cause or administrative backing. Your personal property remains yours, and you have a right to keep it secure.

Being 18 does not change the school’s ability to enforce reasonable classroom rules, but it does reinforce your legal rights regarding personal property and searches. If you feel this new rule is unfair or outside of district policy, you can bring it up with the administration or school board. You might also consider discussing it with other students to raise awareness and seek a collective resolution. Policies should be fair and respectful of both student rights and the learning environment.

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