texarkandy
New Member
A Texas Education Statute authorizes school boards, at the board's option, to establish policies for the seizure of cell-phones from students who use or display them in violation of school policy. (Most schools allow possession, but they must stay turned off & not used or displayed till school is over, i.e. outside at pickup time) Ok - fine, no problem, student abuses cell-phone privilege, teacher takes it away. Counsel the student or take administrative school disciplinary action, if the problem is persistent or severe enough - and then give me MY (not my kid's) phone back
However, the statute also authorizes the school policy to include a $15. "administrative fee" for return of the phone to the parent. No hearing, no appeal, no due process (it's an "administrative fee") If the parent does not pay the fee then the school may destroy the phone at the end of the year. Nearly every school in Texas has implemented this "administrative fee" policy and thousands of Texans have to pay it every year to get their cell-phone back.
To my mind, this "administrative fee" is established and administered in fact & effect as a "punitive monetary fine" against the parent (or other owner of the phone) that allows schools to punish parents for letting their kid bring phones at all. (they really would rather outlaw them being at school at all, but there would be to big an outcry to the school board) This is just the school's petty little way of "getting back" at parents who they don't think should give cell-phones to their kids.
Additionally, I think the school gets a kick out of being to assess a "monetary fine" against the parent for a child's disciplinary issue. (Interestingly, I have learned through reading a few federal cases on the issue, if they wanted to administratively suspend the student from school for, say repeated cell-phone violations, they WOULD have some limited Due Process requirements they would have to ensure they accomplished first)
The school in no way incurs any additional significant administrative cost especially related to cell-phones than they do in any other student property they have to handle in the course of administering/managing the shcool. There have been occasions my child left her clarinet in a classroom & had to pick it up in the office, & many times she has forgotten her clarinet or tennis racket in my car & I took it back to the school for delivery to her class - no "adminstrative fee" there.
So, if it can be established that this "administrative fee" is in fact and effect a "punitive monetary fine" against parents, it would seem to me there are some Due Process issues the state should have to deal with before charging this fee, or in the alternative forfeiting my property to the States.
Thoughts anyone?
(Anybody know any lawyers who might wanna take my case - it's make a good class-action if my "due process" theory is correct. At least five "fines" paid in our little middle school this week alone - imagine multiply that by thousands of schools in Texas x the number of years people have been having to pay these fines!!!!) I just want my $15 back!!!!
However, the statute also authorizes the school policy to include a $15. "administrative fee" for return of the phone to the parent. No hearing, no appeal, no due process (it's an "administrative fee") If the parent does not pay the fee then the school may destroy the phone at the end of the year. Nearly every school in Texas has implemented this "administrative fee" policy and thousands of Texans have to pay it every year to get their cell-phone back.
To my mind, this "administrative fee" is established and administered in fact & effect as a "punitive monetary fine" against the parent (or other owner of the phone) that allows schools to punish parents for letting their kid bring phones at all. (they really would rather outlaw them being at school at all, but there would be to big an outcry to the school board) This is just the school's petty little way of "getting back" at parents who they don't think should give cell-phones to their kids.
Additionally, I think the school gets a kick out of being to assess a "monetary fine" against the parent for a child's disciplinary issue. (Interestingly, I have learned through reading a few federal cases on the issue, if they wanted to administratively suspend the student from school for, say repeated cell-phone violations, they WOULD have some limited Due Process requirements they would have to ensure they accomplished first)
The school in no way incurs any additional significant administrative cost especially related to cell-phones than they do in any other student property they have to handle in the course of administering/managing the shcool. There have been occasions my child left her clarinet in a classroom & had to pick it up in the office, & many times she has forgotten her clarinet or tennis racket in my car & I took it back to the school for delivery to her class - no "adminstrative fee" there.
So, if it can be established that this "administrative fee" is in fact and effect a "punitive monetary fine" against parents, it would seem to me there are some Due Process issues the state should have to deal with before charging this fee, or in the alternative forfeiting my property to the States.
Thoughts anyone?
(Anybody know any lawyers who might wanna take my case - it's make a good class-action if my "due process" theory is correct. At least five "fines" paid in our little middle school this week alone - imagine multiply that by thousands of schools in Texas x the number of years people have been having to pay these fines!!!!) I just want my $15 back!!!!
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