Legal Question in Education Law in Missouri

Personal Property

If your son/daughter takes a cell phone to school and has it confiscated for using it in class. Can the school refuse to return it to the parent if they go to the school to pick it up? A local school passed a school policy stating the device would be confiscated for 30 days. Can they legally withold property from the parent if the parent bought it and pays the bill on it?


Asked on 3/27/08, 11:09 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Personal Property

No, they cannot lawfully hold the phone. That is called the tort of "conversion." A call from a lawyer should get you the phone returned. You can assert that the phone was taken to school and used without your permission and that in so doing, your child made an error. But you did not make an error, and therefore as the owner of the phone, you should not be "punished." I would call a local attorney and get them to make a phone call for you. This should be easy to fix.

You could also probably file a "replevin" action in Small Claims Court if you wanted to get it back. Don't forget that sometimes the media can be a big friend in these cases.

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Answered on 3/28/08, 9:51 am


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