Can school take away your cell phone from your children and not give back until the end of school year?

Answer 1

no. they may not:

Under human rights law, for the confiscation to be lawful, it must be justifiable on the basis that it is necessary in a democratic society by being:

• in pursuance of a legitimate aim, and
• proportionate

it is legitimate.

but proportionate? no. (Supv note: This question was posted on 26May. In the U.S. the "end of the school year" is a week or two away. With that in mind, the proportionality of the confiscation makes it quite reasonable.)

for instance: it is of high value so the end of the school day would be proportionate; how ever if by policy a student is Chewing Gum, but should not be, then the gum, being of low value, should be disposed of. that is proportionate. this is law. i would definitely bring this to the appropriate authorities. yes they can take phones only if they are causing distractions. faculty staff may not search you for a phone. only weapons.. if the staff member suspects something, a law enforcement officer needs to search a student for ANYTHING OTHER THAN WEAPONS.

Although confiscation of a mobile phone is legitimate, searching through a phone or accessing text messages without the pupil's permission is not

ANS2:Yes, they may if you authorized them to do it. That authorization may have come in the form of your signature on the disciplinary policy or student code of conduct that many schools require to be signed by a parent or guardian upon the student's enrollment. Did you read it before you signed it?

Theft is simply defined as: The trespassory and taking away the property of another without their consent. Anyone doing so, without out consent would be guilty of theft. Governmental entities such as schools have other means and methods to address the use of phones in schools. Taken away the property of another would not be legal. They could suspend the student or take other actions but not take or keep the property of another.