Legal Question in Education Law in California
Searching a childs cell phone
My daughter's cell phone was taken away because she was texting in class. The vice principal took it away, would not release it to me that afternoon and required that I attend a meeting in order to get it back. Then the next day he required that my daughter come in, unlock her phone and he read all of her text messages. She gave him NO REASON to read them (she was not accused of cheating, did not steal and certainly was not dealing drugs). Was it legal for him to read her messages?
1 Answer from Attorneys
Re: Searching a childs cell phone
Hello!
It is "legal" for the school to seize the phone and to investigate "suspicious" or contraindicated behaviors. There is very little "right to privacy" in the on campus context. The school stands in "loco parentis" or in the shoes of the parent.
I hope this has been helpful.
Regards,
Mark Mitchell Geyer
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