Can I sue my child's school for taking away his iphone?

My son forgot to shut off his iphone in school and he got a call from a telemarketer and a teacher took away the phone. He can't have it back until next Tuesday. Can I sue the school for this, it is NOT the schools property. If I can sue them, how much can I get or try to get?

Thanks to all for the help!

Added (1). He didn't answer the phone, it was just ringing and as I told him, he tried to pretend it wasn't his phone ringing.

Also I don't think they will release to me as I heard from a friend of mine.

Added (2). Hey, listen up Kenneth. I paid for the phone and I pay the monthly payments. I think it would be fair if they release it to me when I go to the school before the 1 week period. Or at least call me about it. He didn't even mean for the phone to go off, he didn't even touch the phone it was the stupid telemarketers who called him. I'd care if he was sending a text message or calling someone intentionally. But this was an accident.

Only if they didn't notify your child. That it would be taken away.

You can sue the school for taking your sons phone away, but he should've had his phone turned off in the first place

Sure. Go ahead and sue. Take money away from a school system because your son had to follow the rules? Who do you think pays that money? Taxpayers. Property tax, state income tax, federal income tax dollars. Really?

No you can't, just be patient, you'll get it back in a week

If you as the parent can get the phone from them youcan sue them because the school has what they will not return to you. You can get about over $600 or $1000 dependin on the situation of it.

I hardley doubt you can sue the school for the simple fact that your child should know like in most schools phones arn't allowed.So… Your child shouldn't have answered his phone should of put it on silent and had it put away.

No you can't one your son knew what he was doing when he had that phone on ok. Two you can't cause according to the student code of conduct any phone they see will be taken away he can'tget it back til nxt Tuesday so you gotta wait even if they lose it it'll still be on you cause it's not there fault cause he had it out were they can see it sorry but that's how it is.

So are you interested in getting your son's phone back or making a quick buck off of the school system? If the school has rules against phone usage or even the phone being on during the school day then they may have the right to temporarily hold it. Look on the school district's web site to see what the actual rules and regs are.
If you were to sue and the school was found (by the judge) to in "in the wrong" the most that you could probably get is the return of the phone and possibly the pro-rated amount that you pay on your bill for the time that they had it. But seriously, isn't our system hurting financially enough without taking more money out of it? Especially when it was your son's fault or mistake.

What is the school's policy in their student handbook about the use of phones in school? You and your son most certainly signed a form agreeing to the terms laid out in the student handbook about codes of conduct and school policies at the beginning of the year. If the policy states that use of a cell phone will result in one-week confiscation of the cell phone, there's absolutely nothing you can do because you and your son already agreed to the language in the handbook.

The short answer to your question is that you could try and sue but you have no legal grounds with which to make a case.

Nope.

He broke the rules by having it on in school. You can't sue over discipline. This is his fault, and you should not be siding with him on the matter. You sound like a pretty bad parent. Your kid needs to learn that he is not allowed to have the phone on while in school.

Edit: "He didn't answer the phone, it was just ringing and as I told him, he tried to pretend it wasn't his phone ringing."

Wow, so you have instructed him to do his best to avoid getting into trouble by allowing the classroom distraction to go on for as long as possible?

Again, you sound like a pretty bad parent. Whether you admit it or not, it was his fault for having it in his pocket and turned on. No excuse for that. And then he pretended it wasn't his so it would ring for as long as possible, causing an extended distraction to the class, which is exactly why cell phone rules exist in schools. You need to teach him to follow the rules and to turn it off when in class (or better yet, leave it at home or in his locker or car), not act like he is a victim.

But again, you have no grounds for any sort of lawsuit, so quit acting like you can get free money because of your son's poor decisions.