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How much authority do teachers get from *In Loco Parentis*?


Confiscation of cellphones in public schoolsDoes householder have authority to confiscate guest's legal property?How do US municipalities get their authority to govern?How much money can minors receive as gifts?How do I find out how much fundraisers have to given to the cause?How do I get a US document notarised from overseas?How much are partnerships and LLCs really taxed?Is it legal to enter school from my garden?Could the teacher be liable if a student stole a chemical thinking it was dangerous?Are teachers allowed to require students to create a social media account when an option like Remind already exists?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








3















I am concerned entirely with the issue as it relates to property.



Let's say at Madeup Prep the cell phone policy allows for phones to be in pockets, but not out in class. Some teachers, however, ignore this, and have students use their phones to answer questions in real time (via something like TopHat).



Now let's say Alice has her phone out when she should not, and it is taken away by the teacher. It is returned sometime later. Then Alice's mother tells Alice's teacher that the phone is her property, not her daughter's, not the teacher's, that only Alice has permission to use it, and that if the teacher takes the phone away again, the mother considers it theft and (legal threat here).



Can the teacher/district take the phone anyway due to In Loco Parentis?



Note: For the record, the better solution for the district is to simply give detentions every time Alice violates the rule from now on, leading to eventual suspension and expulsion, but I'm far more interested in how much parenting authority a teacher/school can legally exert even when the actual parents are clearly and conspicuously opposed to such exertion.



Bonus Question: The phone is actually Alice's property, bought and paid for with money Alice earned at her job. Does this change the answer?










share|improve this question





















  • 2





    Possible duplicate of Confiscation of cellphones in public schools

    – Michael Seifert
    8 hours ago











  • The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

    – user6726
    7 hours ago











  • Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

    – Michael Seifert
    6 hours ago

















3















I am concerned entirely with the issue as it relates to property.



Let's say at Madeup Prep the cell phone policy allows for phones to be in pockets, but not out in class. Some teachers, however, ignore this, and have students use their phones to answer questions in real time (via something like TopHat).



Now let's say Alice has her phone out when she should not, and it is taken away by the teacher. It is returned sometime later. Then Alice's mother tells Alice's teacher that the phone is her property, not her daughter's, not the teacher's, that only Alice has permission to use it, and that if the teacher takes the phone away again, the mother considers it theft and (legal threat here).



Can the teacher/district take the phone anyway due to In Loco Parentis?



Note: For the record, the better solution for the district is to simply give detentions every time Alice violates the rule from now on, leading to eventual suspension and expulsion, but I'm far more interested in how much parenting authority a teacher/school can legally exert even when the actual parents are clearly and conspicuously opposed to such exertion.



Bonus Question: The phone is actually Alice's property, bought and paid for with money Alice earned at her job. Does this change the answer?










share|improve this question





















  • 2





    Possible duplicate of Confiscation of cellphones in public schools

    – Michael Seifert
    8 hours ago











  • The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

    – user6726
    7 hours ago











  • Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

    – Michael Seifert
    6 hours ago













3












3








3








I am concerned entirely with the issue as it relates to property.



Let's say at Madeup Prep the cell phone policy allows for phones to be in pockets, but not out in class. Some teachers, however, ignore this, and have students use their phones to answer questions in real time (via something like TopHat).



Now let's say Alice has her phone out when she should not, and it is taken away by the teacher. It is returned sometime later. Then Alice's mother tells Alice's teacher that the phone is her property, not her daughter's, not the teacher's, that only Alice has permission to use it, and that if the teacher takes the phone away again, the mother considers it theft and (legal threat here).



Can the teacher/district take the phone anyway due to In Loco Parentis?



Note: For the record, the better solution for the district is to simply give detentions every time Alice violates the rule from now on, leading to eventual suspension and expulsion, but I'm far more interested in how much parenting authority a teacher/school can legally exert even when the actual parents are clearly and conspicuously opposed to such exertion.



Bonus Question: The phone is actually Alice's property, bought and paid for with money Alice earned at her job. Does this change the answer?










share|improve this question
















I am concerned entirely with the issue as it relates to property.



Let's say at Madeup Prep the cell phone policy allows for phones to be in pockets, but not out in class. Some teachers, however, ignore this, and have students use their phones to answer questions in real time (via something like TopHat).



Now let's say Alice has her phone out when she should not, and it is taken away by the teacher. It is returned sometime later. Then Alice's mother tells Alice's teacher that the phone is her property, not her daughter's, not the teacher's, that only Alice has permission to use it, and that if the teacher takes the phone away again, the mother considers it theft and (legal threat here).



Can the teacher/district take the phone anyway due to In Loco Parentis?



Note: For the record, the better solution for the district is to simply give detentions every time Alice violates the rule from now on, leading to eventual suspension and expulsion, but I'm far more interested in how much parenting authority a teacher/school can legally exert even when the actual parents are clearly and conspicuously opposed to such exertion.



Bonus Question: The phone is actually Alice's property, bought and paid for with money Alice earned at her job. Does this change the answer?







united-states theft minor school






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 2 hours ago









abelenky

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8234 silver badges14 bronze badges










asked 9 hours ago









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  • 2





    Possible duplicate of Confiscation of cellphones in public schools

    – Michael Seifert
    8 hours ago











  • The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

    – user6726
    7 hours ago











  • Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

    – Michael Seifert
    6 hours ago












  • 2





    Possible duplicate of Confiscation of cellphones in public schools

    – Michael Seifert
    8 hours ago











  • The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

    – user6726
    7 hours ago











  • Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

    – Michael Seifert
    6 hours ago







2




2





Possible duplicate of Confiscation of cellphones in public schools

– Michael Seifert
8 hours ago





Possible duplicate of Confiscation of cellphones in public schools

– Michael Seifert
8 hours ago













The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

– user6726
7 hours ago





The only similarity that I see is that it's about cell phones. The linked question is about contract law and being forced to sign an "agreement". This question is about the in loco parentis doctrine.

– user6726
7 hours ago













Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

– Michael Seifert
6 hours ago





Fair enough; I suppose an important detail missing from the question is whether the parents have signed any documents agreeing to the policy.

– Michael Seifert
6 hours ago










1 Answer
1






active

oldest

votes


















4















The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there seems to be no limit on confiscating phones.



School authority over children in the US was historically justified by reference to the in loco parentis doctrine since State v. Pendergrass, 19 N.C. 365, granting school "the authority necessary for preserving discipline", which is "analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority". More contemporary rulings on the question of school authority, again in the domain of
corporal punishment,
as articulated in Ingraham v. Wright, 430 U.S. 651 find that




the concept of parental delegation has been replaced by the view --
more consonant with compulsory education laws -- that the State itself
may impose such corporal punishment as is reasonably necessary "for
the proper education of the child and for the maintenance of group
discipline".




In other words, the courts do not rely on the parental doctrine to justify school authority, instead they rely on what is reasonably necessary to achieve an end. Thus in New Jersey v. T.L.O, 469 U.S. 325, in loco parentis was rejected as a rationale for an unconstitutional search, reasoning




If school authorities are state actors for purposes of the
constitutional guarantees of freedom of expression and due process, it
is difficult to understand why they should be deemed to be exercising
parental rather than public authority when conducting searches of
their students.




Instead, the court frames the test in terms of competing interests:




Against the child's interest in privacy must be set the substantial
interest of teachers and administrators in maintaining discipline in
the classroom and on school grounds.




Since school authority to confiscate cell phones does not rest on acting according to the wishes of the parent, it is irrelevant that the parent approves of the child's actions. They may take the phone away, but it is not because of in loco parentis, it's because of necessity. It does not matter whose property it is; and it is not theft, because the confiscation was lawful.



In loco parentis is not necessarily dead, see Vernonia School Dist. 47J v. Acton, 515 U.S. 646, where compulsory drug testing was justified, finding that




the Policy was undertaken in furtherance of the government's
responsibilities, under a public school system, as guardian and tutor
of children entrusted to its care...



when the government acts as guardian and tutor the relevant question
is whether the search is one that a reasonable guardian and tutor
might undertake




It is not part of a school's remit to promulgate the drug-free life, so drug testing cannot be justified by appeal to necessity. Disciplinary matters are squarely within the scope of what is necessary for schools, so disciplinary questions don't need to rely on in loco parentis. In the Vernonia case, the court still finds that the state has limited reach to override the rights of children – parents still have much broader rights to restrict children than the state does. For the state, the matter has to reduce to a compelling state interest, whereas parental power isn't even subject to rational basis review.






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    active

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    4















    The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there seems to be no limit on confiscating phones.



    School authority over children in the US was historically justified by reference to the in loco parentis doctrine since State v. Pendergrass, 19 N.C. 365, granting school "the authority necessary for preserving discipline", which is "analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority". More contemporary rulings on the question of school authority, again in the domain of
    corporal punishment,
    as articulated in Ingraham v. Wright, 430 U.S. 651 find that




    the concept of parental delegation has been replaced by the view --
    more consonant with compulsory education laws -- that the State itself
    may impose such corporal punishment as is reasonably necessary "for
    the proper education of the child and for the maintenance of group
    discipline".




    In other words, the courts do not rely on the parental doctrine to justify school authority, instead they rely on what is reasonably necessary to achieve an end. Thus in New Jersey v. T.L.O, 469 U.S. 325, in loco parentis was rejected as a rationale for an unconstitutional search, reasoning




    If school authorities are state actors for purposes of the
    constitutional guarantees of freedom of expression and due process, it
    is difficult to understand why they should be deemed to be exercising
    parental rather than public authority when conducting searches of
    their students.




    Instead, the court frames the test in terms of competing interests:




    Against the child's interest in privacy must be set the substantial
    interest of teachers and administrators in maintaining discipline in
    the classroom and on school grounds.




    Since school authority to confiscate cell phones does not rest on acting according to the wishes of the parent, it is irrelevant that the parent approves of the child's actions. They may take the phone away, but it is not because of in loco parentis, it's because of necessity. It does not matter whose property it is; and it is not theft, because the confiscation was lawful.



    In loco parentis is not necessarily dead, see Vernonia School Dist. 47J v. Acton, 515 U.S. 646, where compulsory drug testing was justified, finding that




    the Policy was undertaken in furtherance of the government's
    responsibilities, under a public school system, as guardian and tutor
    of children entrusted to its care...



    when the government acts as guardian and tutor the relevant question
    is whether the search is one that a reasonable guardian and tutor
    might undertake




    It is not part of a school's remit to promulgate the drug-free life, so drug testing cannot be justified by appeal to necessity. Disciplinary matters are squarely within the scope of what is necessary for schools, so disciplinary questions don't need to rely on in loco parentis. In the Vernonia case, the court still finds that the state has limited reach to override the rights of children – parents still have much broader rights to restrict children than the state does. For the state, the matter has to reduce to a compelling state interest, whereas parental power isn't even subject to rational basis review.






    share|improve this answer































      4















      The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there seems to be no limit on confiscating phones.



      School authority over children in the US was historically justified by reference to the in loco parentis doctrine since State v. Pendergrass, 19 N.C. 365, granting school "the authority necessary for preserving discipline", which is "analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority". More contemporary rulings on the question of school authority, again in the domain of
      corporal punishment,
      as articulated in Ingraham v. Wright, 430 U.S. 651 find that




      the concept of parental delegation has been replaced by the view --
      more consonant with compulsory education laws -- that the State itself
      may impose such corporal punishment as is reasonably necessary "for
      the proper education of the child and for the maintenance of group
      discipline".




      In other words, the courts do not rely on the parental doctrine to justify school authority, instead they rely on what is reasonably necessary to achieve an end. Thus in New Jersey v. T.L.O, 469 U.S. 325, in loco parentis was rejected as a rationale for an unconstitutional search, reasoning




      If school authorities are state actors for purposes of the
      constitutional guarantees of freedom of expression and due process, it
      is difficult to understand why they should be deemed to be exercising
      parental rather than public authority when conducting searches of
      their students.




      Instead, the court frames the test in terms of competing interests:




      Against the child's interest in privacy must be set the substantial
      interest of teachers and administrators in maintaining discipline in
      the classroom and on school grounds.




      Since school authority to confiscate cell phones does not rest on acting according to the wishes of the parent, it is irrelevant that the parent approves of the child's actions. They may take the phone away, but it is not because of in loco parentis, it's because of necessity. It does not matter whose property it is; and it is not theft, because the confiscation was lawful.



      In loco parentis is not necessarily dead, see Vernonia School Dist. 47J v. Acton, 515 U.S. 646, where compulsory drug testing was justified, finding that




      the Policy was undertaken in furtherance of the government's
      responsibilities, under a public school system, as guardian and tutor
      of children entrusted to its care...



      when the government acts as guardian and tutor the relevant question
      is whether the search is one that a reasonable guardian and tutor
      might undertake




      It is not part of a school's remit to promulgate the drug-free life, so drug testing cannot be justified by appeal to necessity. Disciplinary matters are squarely within the scope of what is necessary for schools, so disciplinary questions don't need to rely on in loco parentis. In the Vernonia case, the court still finds that the state has limited reach to override the rights of children – parents still have much broader rights to restrict children than the state does. For the state, the matter has to reduce to a compelling state interest, whereas parental power isn't even subject to rational basis review.






      share|improve this answer





























        4














        4










        4









        The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there seems to be no limit on confiscating phones.



        School authority over children in the US was historically justified by reference to the in loco parentis doctrine since State v. Pendergrass, 19 N.C. 365, granting school "the authority necessary for preserving discipline", which is "analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority". More contemporary rulings on the question of school authority, again in the domain of
        corporal punishment,
        as articulated in Ingraham v. Wright, 430 U.S. 651 find that




        the concept of parental delegation has been replaced by the view --
        more consonant with compulsory education laws -- that the State itself
        may impose such corporal punishment as is reasonably necessary "for
        the proper education of the child and for the maintenance of group
        discipline".




        In other words, the courts do not rely on the parental doctrine to justify school authority, instead they rely on what is reasonably necessary to achieve an end. Thus in New Jersey v. T.L.O, 469 U.S. 325, in loco parentis was rejected as a rationale for an unconstitutional search, reasoning




        If school authorities are state actors for purposes of the
        constitutional guarantees of freedom of expression and due process, it
        is difficult to understand why they should be deemed to be exercising
        parental rather than public authority when conducting searches of
        their students.




        Instead, the court frames the test in terms of competing interests:




        Against the child's interest in privacy must be set the substantial
        interest of teachers and administrators in maintaining discipline in
        the classroom and on school grounds.




        Since school authority to confiscate cell phones does not rest on acting according to the wishes of the parent, it is irrelevant that the parent approves of the child's actions. They may take the phone away, but it is not because of in loco parentis, it's because of necessity. It does not matter whose property it is; and it is not theft, because the confiscation was lawful.



        In loco parentis is not necessarily dead, see Vernonia School Dist. 47J v. Acton, 515 U.S. 646, where compulsory drug testing was justified, finding that




        the Policy was undertaken in furtherance of the government's
        responsibilities, under a public school system, as guardian and tutor
        of children entrusted to its care...



        when the government acts as guardian and tutor the relevant question
        is whether the search is one that a reasonable guardian and tutor
        might undertake




        It is not part of a school's remit to promulgate the drug-free life, so drug testing cannot be justified by appeal to necessity. Disciplinary matters are squarely within the scope of what is necessary for schools, so disciplinary questions don't need to rely on in loco parentis. In the Vernonia case, the court still finds that the state has limited reach to override the rights of children – parents still have much broader rights to restrict children than the state does. For the state, the matter has to reduce to a compelling state interest, whereas parental power isn't even subject to rational basis review.






        share|improve this answer















        The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there seems to be no limit on confiscating phones.



        School authority over children in the US was historically justified by reference to the in loco parentis doctrine since State v. Pendergrass, 19 N.C. 365, granting school "the authority necessary for preserving discipline", which is "analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority". More contemporary rulings on the question of school authority, again in the domain of
        corporal punishment,
        as articulated in Ingraham v. Wright, 430 U.S. 651 find that




        the concept of parental delegation has been replaced by the view --
        more consonant with compulsory education laws -- that the State itself
        may impose such corporal punishment as is reasonably necessary "for
        the proper education of the child and for the maintenance of group
        discipline".




        In other words, the courts do not rely on the parental doctrine to justify school authority, instead they rely on what is reasonably necessary to achieve an end. Thus in New Jersey v. T.L.O, 469 U.S. 325, in loco parentis was rejected as a rationale for an unconstitutional search, reasoning




        If school authorities are state actors for purposes of the
        constitutional guarantees of freedom of expression and due process, it
        is difficult to understand why they should be deemed to be exercising
        parental rather than public authority when conducting searches of
        their students.




        Instead, the court frames the test in terms of competing interests:




        Against the child's interest in privacy must be set the substantial
        interest of teachers and administrators in maintaining discipline in
        the classroom and on school grounds.




        Since school authority to confiscate cell phones does not rest on acting according to the wishes of the parent, it is irrelevant that the parent approves of the child's actions. They may take the phone away, but it is not because of in loco parentis, it's because of necessity. It does not matter whose property it is; and it is not theft, because the confiscation was lawful.



        In loco parentis is not necessarily dead, see Vernonia School Dist. 47J v. Acton, 515 U.S. 646, where compulsory drug testing was justified, finding that




        the Policy was undertaken in furtherance of the government's
        responsibilities, under a public school system, as guardian and tutor
        of children entrusted to its care...



        when the government acts as guardian and tutor the relevant question
        is whether the search is one that a reasonable guardian and tutor
        might undertake




        It is not part of a school's remit to promulgate the drug-free life, so drug testing cannot be justified by appeal to necessity. Disciplinary matters are squarely within the scope of what is necessary for schools, so disciplinary questions don't need to rely on in loco parentis. In the Vernonia case, the court still finds that the state has limited reach to override the rights of children – parents still have much broader rights to restrict children than the state does. For the state, the matter has to reduce to a compelling state interest, whereas parental power isn't even subject to rational basis review.







        share|improve this answer














        share|improve this answer



        share|improve this answer








        edited 6 hours ago

























        answered 6 hours ago









        user6726user6726

        68.2k4 gold badges76 silver badges130 bronze badges




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