School kept my daughters iPhone?

Can a school legally take and keep my daughters iPhone?

As the parent you would have to go to the school to have it returned.

Most likely it's because your daughter wasn't supposed to be using it at school. (School policy). Looks like you gotta go pick it up.

What are they're policies regarding cell phones?
My guess would be they would turn it over to one of her parents.

Not forever, just go up to the school and get it, anything she has is legally yours if she is under 18.

Take, yes. Keep, no. Call and ask them when you can pick it up, then tell your daughter to stop using it in school when she isn't supposed to.

Yes and there's case law on it. When you attend a school, public or private, the teachers and administrators act under a doctrine called, in loco parentis. In fact, they are acting in place of your parents and have certain authority if not the duty safeguard students and maintain dicipline. The question should be, "can you have the phone returned to you?" and that answer is also an affirmative. The teacher is responsible for maintaining discipline in the classroom and any disruptions may be appropriately dealt with on a case by case scenario. There's always small print or a catch all phrase in making and implementing policy. If you attend public school, then the school is required to afford you notice and an opportunity to be heard because you hold what they call a "property" or "liberty" interests in your cell and possession and right to possess although not use it during regulated school. I'm not going to bore you with the case law, but ask how can you re-appropriate your phone.

They can only hold it for a set period of time, they can't keep it. What was your daughter doing that made her phone get taken away? If I were you, I would be more worried about what your daughter did than her iPhone.

Depends on the district and the rule she violated having it there.

I assume you meet with the administrator, apologize, advise she has been taught a lesson, won't happen again and advise you will sue to get it back if necessary and you should leave with the phone within 30 days of the incident.

You would have to go to the school and get it back since youre the parents. Yes, they can so tell her to focus more on school and stop texting in class

It depends on school policy; but most likely, they will release it to you

Telephone the school and ask what the policy is on returning handsets.
Their policy is probably online if you look for it.

At the local school, if it's confiscated, the parent may retrieve it at half-term/end-of-term. Not before.

If a code of conduct saying "if you bring a phone to school, it will be permanently confiscated" was signed to, then you probably can't get it back.

In the absence of any such agreement, the school does not have the right to take and retain you daughter's phone; that's called stealing.
1) Contact the school, apologize for whatever infraction, and ask for the phone back.
2) If that doesn't work, go to the Superintendent's office. You may need to file a report of some sort.
3) If that doesn't work, go to the police and file a report.
4) Sue the school, the principal, and the Superintendent in small claims court.

http://www.legalmatch.com/law-library/article/education-and-schools.html

A school can only temporarily seize it from your daughter, but must return the iPhone if you request it.