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#61
02-01-2007, 03:42 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
[ QUOTE ] I'm a lawyer too, and lawyers like you who beat their chests and go on and on about how this is the LAW and YOU CAN'T SEIZE MY PROPERTY are the reason people hate lawyers. [/ QUOTE ] That's not at all what I'm trying to convey. I could care less about the whole "you can't seize my property, I know my rights" line of bs. I have two problems with this situation. 1: I'd find it very disrectful if I went to the principal and politely asked for my phone back and he told me he was going to hold on to it for a month. He can give my kid detention, suspend him, or mete out any other reasonable punishment, but if he has the audacity to think he can impose some sort of sanction on me, I'm going to have a big problem with that. 2: Quite simply: The phone's mine and I'd want back. If the school took an ipod or something from my kid and wanted to hold it for a month, I wouldn't care at all, but to me a phone is different. [/ QUOTE ] Would your feelings be different if the principal produced a code of conduct acknowledgement adn agreeemnt to abide by its rules signed by you, your wife and your son when you asked. LOL at anyone thinking a cell phone is necessary for a high schooler. It is a convenience for their parents. I graduated in 1985. If I wanted to do something after school, I planned it the night before or I called my folks from a pay phone. It wasn't the end of the world and I never seemed to miss out on anything worthwhile. From reading this and other threads I think I must have been a real stud in college because I could actually get plenty of dates with hot girls without using a phone, the Internet or text messaging. 
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#62
02-01-2007, 03:46 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
[ QUOTE ] Every year my kids and I have to sign a form acknowledging that we have read, understand and agree to follow the school's code of conduct (it includes a rule against cell phone and text message use). If one of my kids gets caught breaking any of the rules then I have no problem with there being consequences. [/ QUOTE ] Its not like your really "agreeing" to anything though. It shouldn't be thought of as a real contract. You "have" to sign it and you have no bargaining power. If you happen to agree with the rule fine, but the fact that they make parents sign it makes it no more valid IMO. [/ QUOTE ] of course he doesn't "have" to sign it..he can put his kids in a new school. and if he can get the other parents to agree that the clause is a bad thing, in tandem they would have great bargaining power. this would be entirely different if it were a federally mandated component of a contract that all public schools require their students to sign. but you can't make a good argument that the contract isn't binding in this case (unless the clause was in a much smaller font than the rest of the agreement, was visible only with great effort, etc).
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#63
02-01-2007, 03:48 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
[ QUOTE ] Every year my kids and I have to sign a form acknowledging that we have read, understand and agree to follow the school's code of conduct (it includes a rule against cell phone and text message use). If one of my kids gets caught breaking any of the rules then I have no problem with there being consequences. [/ QUOTE ] Its not like your really "agreeing" to anything though. It shouldn't be thought of as a real contract. You "have" to sign it and you have no bargaining power. [/ QUOTE ] There is no coercion and both parties get consideration and to my acknowledge none of the rules are encroach upon existing municipal or state laws. How is this not a binding contract? You guys are funny trying to justify bad parenting by blaming the school when it does something that any good parent would have done long before the situation ever reached this point.
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#65
02-01-2007, 03:58 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
Whether the school can keep the phone for 30 days or not has no bearing on the crux of my argument [/ QUOTE ] At least you admit it. PS. That is what this discussion is about.
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#66
02-01-2007, 04:08 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
[ QUOTE ] Whether the school can keep the phone for 30 days or not has no bearing on the crux of my argument [/ QUOTE ] At least you admit it. PS. That is what this discussion is about. [/ QUOTE ] If you agree that the school is right to enforce its rules, then why should a 30 day 'time-out' be considered inappropriate? I have no problem with the punishment, but most are using the "rule is dumb" argument to justify their views. No one has yet discussed how junior not having a phone for 30 days causes dad an undue hardship. Don't make a monetary argument as junior's phone is probably part of dad's plan and adds maybe $10 to the overall bill.
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#68
02-01-2007, 04:12 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
why are you guys saying wow 30 days is so unreasonable. did you miss the fact that that was for the 3rd offense? [/ QUOTE ] did you miss the fact that you are paying a bill for 30 days and the school has no right to keep it? Oh ok, you did, my fault. Why not take their backpack and anything else they feel like keeping after a 3rd offense, because apparently 3rd offense= supreme right.
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#69
02-01-2007, 04:20 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
[ QUOTE ] I'm sure the kid already is a douche. ALL schools should all get cell phone jammers. [/ QUOTE ] If I was a teacher/professor, everytime your cell phone goes off in class you would lose 5% of your grade or have to write a ten page report. [/ QUOTE ] This reminds me of this one school I went to for a year which had the policy "if your cell phone goes off during class (without having a really important reason that you tell the teacher about before class), then next class you bring cake(or similar) for everyone to eat". I wasn't there much though so I have no idea if they actually went through with this, but they said it several times during the first day etc.
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#70
02-01-2007, 04:21 PM
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Re: school confiscates cell phone, lawyer dad is mad?
[ QUOTE ]
So if the kid brings smokes, drugs, guns, knives and booze the school can't seize them because it's his personal property? [/ QUOTE ] seriously? Disarm the kid if he's carrying a weapon, and then call the f'ckin cops! Anyway, the school is well within its rights to discipline the kid for breaking the rules, but such discipline shouldn't include seizure of property, except in extreme cases such as in your analogy. I'm also strongly libertarian, so I'm sure people towards the center of the political spectrum have no problem with such seizure. difference of opinion.
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