School took my phone... AFTER giving me permission to use it.

[Jack.EXE]

So, I was sent home sick, but I dont drive quite yet, so I had to call my dad.

I asked "Can I go call my dad?"

the office told me that I could, and I went to go call him.

I return to the office only to have my phone taken and now they want $10 to give it back.

I don't have $10, and I'm pretty sure this is illegal.

 

Help?

[DarrenP]

So, I was sent home sick, but I dont drive quite yet, so I had to call my dad.

I asked "Can I go call my dad?"

the office told me that I could, and I went to go call him.

I return to the office only to have my phone taken and now they want $10 to give it back.

I don't have $10, and I'm pretty sure this is illegal.

 

Help?

That's basically extortion...

[AresKrieger]

I'd sue them as a statement

[DarkBlade2117]

Tell your parents, they can't do that if they gave you permission lol...

[AresKrieger]

And yes that would be considered illegal in my state

[ELSknutson]

how can they charge money for something that is not theres. What do the rules say?

[soup]

 

I asked "Can I go call my dad?"

the office told me that I could, and I went to go call him.

 

Where in any of that does it say "yes go and use a not allowed (presumably) mobile"?

 

Oh and change the misleading title with what you wrote they DID NOT give you permission to use your phone.

They gave you permission to call home presumably from some landline or other.

[BURNINGJUNK]

They cant charge you for your own property that they should not have taken away from you. I would contact somebody about this.

[Mohenjo]

they cant charge you for it... especially since it doesn't cost them anything to take it away. 

[Flight1sim]

How the fuck does that work? They legally can't charge you for your phone, on top of the fact that they gave you permission. Threaten to sue, tell your parents, sue them

[Trik'Stari]

Threaten to sue them for petty theft and or extortion.

 

 

Always worked for me when they threatened me with "if we catch you using your headphones again, you won't get them back"

[Damikiller37]

WAT?

Money to get your phone back? What are they high or something. Get your parents in and they will give it back for sure. Pretty sure that's some illegal shenanigans that they are asking you to pay.

[Counter-Strike Player]

inb4 OP doesn't update us on this story...

[Flight1sim]

ALSo you're 18, considered an adult. So legally they cant take your phone from you (at least I think, might want to check that)

[Thorium19]

Let me guess, they expected you to use the school phone, not your mobile. As you're in school grounds and depending on school rules, they are entitled to take it from you with good reason, but charging you to have it back is excessive and wrong. Don't threaten to sue, that's far too large an overreaction and only adds to the excessively loose term of suing someone. Instead, explain to them the situation and why you need it back (blag it a bit, exaggerate and make up some stuff) and if they don't, explain to them that the extortion of personal property with no motive is illegal. If they fail to give it back, just ask to use the school phone, call your parents and get them to kick up a fuss, Angry parents always make a school jump.

[roastduck]

I'd lay money on there being a student handbook or code of conduct or some set of rules that you or your parent signed at the beginning of the year explaining that policy, so all these people calling for a lawsuit and saying "they can't do that!" are just plain wrong. And when they said you could call your dad, you KNOW they meant on the landline in the office. Don't act like that's not the case

[Jack.EXE]

Okay, so I did some digging...

 

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.31.htm

 

This violates the extorsion laws in texas.
Most notably, take a look at 2B

 

2.  "Deprive" means:

A.  to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

B. to restore property only upon payment of reward or other compensation;  or

C.  to dispose of property in a manner that makes recovery of the property by the owner unlikely.

 

 

So yeah. This is illegal.

[Trik'Stari]

Okay, so I did some digging...

 

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.31.htm

 

This violates the extorsion laws in texas.

Most notably, take a look at 2B

 

 

So yeah. This is illegal.

Too bad you can't record them trying to extort you. Borrow someone elses phone and do it maybe? Then call the police and point this out.

[SeanAngelo]

So, I was sent home sick, but I dont drive quite yet, so I had to call my dad.

I asked "Can I go call my dad?"

the office told me that I could, and I went to go call him.

I return to the office only to have my phone taken and now they want $10 to give it back.

I don't have $10, and I'm pretty sure this is illegal.

 

Help?

that's not allowed...

[roastduck]

Okay, so I did some digging...

 

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.31.htm

 

This violates the extorsion laws in texas.

Most notably, take a look at 2B

 

 

So yeah. This is illegal.

there are several court rulings that place students under a type of guardianship of the school. This is why lockers can be searched without a warrant, detentions can be given, etc. Try reading the student handbook

[CommandMan7]

The papers you sign at the beginning of the year essentially deprive you of all your rights one way or another. Typical school BS

[roastduck]

The papers you sign at the beginning of the year essentially deprive you of all your rights one way or another. Typical school BS

That "typical school BS" is what protects school districts from BS lawsuits, preserving the budget for things like teacher salaries and textbooks and electricity.

[HumbleMobo]

So, I was sent home sick, but I dont drive quite yet, so I had to call my dad.

I asked "Can I go call my dad?"

the office told me that I could, and I went to go call him.

I return to the office only to have my phone taken and now they want $10 to give it back.

I don't have $10, and I'm pretty sure this is illegal.

 

Help?

That is extortion and they will have to give it back if they initially gave you the permission to use it.  Your father should whup their asses back to the stone age!  My school is super ultra strict so I rarely use my phone but it's a boarding school so idk

[HumbleMobo]

Think of it this way...those 10 dollars will go into the principals pocket for his lunch later

[roastduck]

That is extortion and they will have to give it back if they initially gave you the permission to use it.  Your father should whup their asses back to the stone age!  My school is super ultra strict so I rarely use my phone but it's a boarding school so idk

Again, I'd bet all the money in my checking account against a box of donuts that he or his parents signed a form after being presented with a packet of school rules and protocols, essentially a ToS.

 

Think of it this way...those 10 dollars will go into the principals pocket for his lunch later

More like go into a student activity fund. That $10 will buy the paint for the homecoming banners.

 

School's are not allowed to place policies that contradict the legal system.  Therefore, you can take it to a small claims court if allowed by your parents.  Also, when a school says you can call home they mean on the school phone not your cell.  Only colleges differ on the latter.

This is the United States, not Norway. Check my previous post in this topic about guardianship

If you guys can't tell, I'm 100% on the side of school here. My mother is a public school teacher, my father was a public school teacher for a bit, I worked for a public school before I took a job at a private school. It's a different world altogether on the other side of the fence.