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School Contracts Business Contracts

Discussion in 'Business & Corporate Matters' started by Alden, Nov 11, 2018.

  1. Alden

    Alden Law Topic Starter New Member

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    Hi, my child is attending school. In the student handbook, it states they have the right to search his body. I am also wondering if they have the right to search my child's phone such as photos, texts, and calls records, etc. Here is the specific clause.
    "Personal Searches: A student and/or personal effects (e.g., purse, book bag, etc.) may be searched
    whenever a school authority has reasonable suspicion to believe that the student is in possession
    of illegal or unauthorized materials. Students may be asked to empty their pockets, pocketbooks,
    wallets, book bags, etc. without the parent’s permission or the student’s permission. Registration
    of the child constitutes parental consent to such searches. If the student refuses and the school
    feels a personal search of the student’s person or belongings are required (as per the safety of that
    student or any other student), then the parents will be phoned and must come to school to perform
    the search. If the parents fail to come to the School to perform the search in a reasonable time
    and/or the student refuses to empty his/her pockets or remove from his or her person what is
    suspected, then the student’s privilege to attend"
     
  2. army judge

    army judge Super Moderator

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    Yes.

    Society and public policy interests have carved out broad exemptions for public and private schools.

    Schools act in loco parentis while teaching children.

    Standing in the parents' or guardians' shoes, schools are charged with educating, protecting, and caring for children just as parents do.

    No parent requires a serach warrant or the permission of their child(ren) to search the child's room, pockets, person, diary, laptop, tablet, etc...

    Therefore, connecting the dots, schools acting in your stead can do what you do, while the child in their possession.

    If you dislike the policy, you are free to withdraw your child and home school the little princess or prince.

    Bear in mind, students have been found with "porn", plans to build a pipe bomb, places to "score" illegal drugs, and worse.

    The school must protect ALL children, not just yours.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    "Personal effects" include the phone.

    I suggest you have a serious conversation with your child about what is permissible on the phone and you do random checks of what's on your child's phone to avoid problems at school.
     
    hrforme likes this.
  4. Alden

    Alden Law Topic Starter New Member

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    Thank you so much for the responses. However, I have one more question. How much are they allowed to search? Let's say an app is password protected because it is skype or any other type of 3rd party app.

    My child was in class and his teacher asked to see his phone and to unlock it. I do not know what they all searched. They did say they found some controversial things on the phone. They found three items of interest in a social media type app. Then a couple more memes about the teacher in the photos section of the phone.

    Nothing of this is threatening a person. It consists of jokes about the teachers. The social media is other people talking about other things which are controversial but can they do anything about that to us?

    I am sorry about the vague terms, I do not feel comfortable to disclose somethings.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Public or private school?
     
  6. mightymoose

    mightymoose Moderator

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    No search can take place without reasonable suspicion of contraband, and then only with consent.
    You have conneccon by registering the student, but the student may f still refuse the search.
    If the student refuses to cooperate with the search then, per the policy, a parent will be contacted. This gives the parent opportunity to hear the circumstances and be present before a search takes place.

    Yes, they can do it because you consent, but no, they can't just di it whether they want for no reason. To search a phone there would have to be a pretty convincing set of facts to give them reason to believe it contained something inappropriate.

    Make sure the phone is password protected and tell your child not to share the password with anyone for any reason. Instruct your child to refuse any searches of his person or property until a parent has been contacted.
     
  7. mightymoose

    mightymoose Moderator

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    Yes, because you have consent.
    They thing about consent is that it can be withdrawn at any time. Apparently in this case you have missed the opportunity to be contacted prior to the search. Your child consented and unlocked the phone.
    Whatever actin the school might take, if any, will have to be assessed when that action is taken.

    We're the actions of the school unlawful or inappropriate? No, not based on the informatio you have provided, however I would strongly question what reason existed to confiscate the phone and search it in the first place. Note that the policy exists to detect illegal or unauthorized materials. If they were accessing the phone for any other reason, such as rumor of social media content, that probably doesn't rise to the level of illegal or unauthorized materials.
    This policy is about contraband, not disciplining over social media content.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Well, now we know why you are asking. Obviously they can do what they did do since your child consented.

    Have your child leave his phone at home. Problem solved.
     
  9. army judge

    army judge Super Moderator

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    Public schools don't need to have the parent present or receive the parent's permission to search your child or her/his person, locker, belongings.

    In fact, school administrators have BROAD and unfettered permission to search students at anytime WITH or WITHOUT probable cause or mere suspicion.

    Schools are very special places with legislation and case law allowing officials to PROTECT all previous children.

    Forget what you think you know about schools unless you know precedent and school law.

    The solution for you OP, if sweet little dumpling is engaging in odd behavior, don't allow the mobile device to be taken to school.

    Password protection is misdirection.

    If the authorities want to see what's on your device, that isn't as big a problem as FAKE NEWS would have you believe.

    Obey their laws and rules and you'll not become a target.

    Taunt them, thwart them, they've gotten bigger fish than a child.
     
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  10. Nada Alnajafi

    Nada Alnajafi New Member

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    Yes, the phone would be considered "personal effects" in this situation. However, the policy doesn't say anything about a seizure, i.e. they wouldn't be able to take the phone away from the student under this particular clause.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Doesn't have to.

    They could, if something egregious was found, and then call the parent(s) in and return it to the parent(s).
     
  12. army judge

    army judge Super Moderator

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    If kiddie porn is on a phone the phone is sized for evidence.
     

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