Q&A for How to Deal With Teachers That Take Your Personal Items Away

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  • Question
    How do you apologize for breaking a rule?
    Evanne Torrecillas
    School Counselor
    Evanne Torrecillas is a School Counselor with over four years of experience in education. She specializes in working as a mental health advocate with middle school students and their caretakers. Evanne holds a BA in Political Science from The University of California, Berkeley and an MS in Counseling with a specialization in School Counseling from California State University, Sacramento.
    School Counselor
    Expert Answer
    Be honest and show willingness to do better in the future. Remember that rules exist for a reason and, in the classroom, your teacher has the right to set these rules.
  • Question
    Is it legal to put a monetary penalty on getting my phone back?
    Community Answer
    No, it is not. If your teacher does this, make your parents aware of it immediately.
  • Question
    Can my school keep my phone over the summer? They claim they will return it in September, and it is currently May.
    Community Answer
    If it's a school device, yes. If it's a personal device, absolutely not. If that happens, talk to your parents. If they don't agree, talk to a counselor, psychologist, or other adult you trust that is unaffiliated with the school.
  • Question
    Can a teacher take my phone away if I fall asleep on accident but the phone is in my back pocket? I feel uncomfortable if she is allowed to do that. She is the school dean.
    Community Answer
    If you're not allowed to have phones in class and she saw your phone, then she's allowed to take it. However, if she actually reached into your back pocket to take it out herself, that could be considered a violation of your personal space and you'd have a right to complain about this. Teachers shouldn't be touching students for any reason.
  • Question
    What do I do if a teacher confiscates something from a student and doesn't return it?
    Community Answer
    This may be illegal. Get the police involved if the principal isn't able to resolve anything.
  • Question
    Can teachers look at the private pictures on my son's phone?
    NY Blossom
    Top Answerer
    No, they cannot. This would be a violation of privacy.
  • Question
    Can my teacher take away my earbuds and refuse to give them back?
    Community Answer
    No - that is theft. Talk to your parents and the school principal right away, especially if the earbuds were expensive.
  • Question
    Can a school keep my phone for a week if I don't pay a fine? Are they allowed to keep it overnight? How do I get my phone back when my parents work out of town?
    FireBow
    Community Answer
    They may absolutely not keep your phone for a week if you don't pay a fine. They are also not allowed to keep it overnight. You can use a school computer or your landline (if you have one) to get a hold of your parents and explain the situation; ask them to get on the phone with the school officials.
  • Question
    My teacher has a new rule: "If I catch you chewing gum in class you will have to pay 25 cents." Is this legal?
    Community Answer
    Your teacher cannot force you to pay them money for breaking a rule. However, you should not chew gum during class. If your teacher asks you to get rid of your gum, politely do so by placing it in the trash.
  • Question
    Can a teacher throw away something that is my property, like my lotion? We had a free period in class; he never told me he had a problem with me taking out my lotion, and it wasn't a distraction.
    Community Answer
    No. A teacher can confiscate something and return it later, but can't dispose of it. Talk to your parents and/or the principal about this.
  • Question
    What do I do if my child had something taken away from a teacher, and the teacher won't give it back?
    Community Answer
    Contact the principal's office and inform them you would like your child's item returned.
  • Question
    What do I do if my teacher is treating me in a sexually inappropriate way?
    Community Answer
    Tell your parents immediately. That is illegal and you/your parents need to call the police immediately.
  • Question
    Can your teacher take away your phone after school?
    Community Answer
    Your teacher can usually take your phone away if you are using it when there is a rule against doing so. This may include during after school activities that are located at the school or on a school-sponsored field-trip. Your teacher cannot take your phone outside of school.
  • Question
    I had headphones taken, but I don't know where to get them back?
    Community Answer
    Ask whomever took your headphones where you can get them back.
  • Question
    I got my skateboard taken away at lunch in the parking lot. There were no signs saying not to be there or any staff saying I couldn't. A couple staff and officers passed by but didn't say anything, so I thought it was all right to ride it there. Today the vice principal took it without warning; is this legal?
    Community Answer
    If the student code of conduct says explicitly skateboards are not allowed, then it may be. Apologize to the vice principal; say you weren't aware skateboards weren't allowed in the parking lot and will be sure not to ride there in the future. Then politely ask for your skateboard back. If your request is refused, involve your parents.
  • Question
    How do I deal with a teacher who took a personal item away and kept it?
    Community Answer
    Tell your parents, even if you risk getting in trouble with them for having whatever the item is out in class. Most schools don't allow teachers to hold onto a student's personal items for longer than the school day, so you should get your parents to call the school and complain.
  • Question
    How do I deal with my teacher taking something away and telling me she won't return it until the end of the school year?
    Community Answer
    Talk to the principal and calmly explain what happened. Most likely she doesn't have the right to keep your personal belongings until the end of the school year. If this doesn't work, have your parents call the school and complain.
  • Question
    My teacher took my phone away yesterday, and today she is still not giving it back, saying that she'll talk to my parents and the headmistress. What should I do? She's not even listening to my explanation!
    Community Answer
    Politely ask her how long she plans on keeping your phone. If she refuses to answer you, go to the headmistress yourself and complain, or use a friend's phone to call your parents and ask them to get in touch with your teacher.
  • Question
    My teacher took away my drawing notebook that had notes in it, and I asked for it back, but she said no. I really needed those notes for art. How do I get it back?
    Community Answer
    Is it for an art class? If so, explain to your teacher that you need it for the class. If she still refuses, tell your art teacher what happened. If you need the notes right now, see if you can get in touch with any classmates that might be able to share notes with you, or email the teacher and ask what you can do.
  • Question
    I got my laptop taken away because the teacher thought I was downloading a game. What can I do?
    FireBow
    Community Answer
    Politely explain the situation to your teacher and request it back. If you still don't get it back, you'll have to wait it out or contact school officials.
  • Question
    How do I deal with a teacher who broke my phone after taking it away?
    Community Answer
    Tell your parents and principal. If they broke it, they should be required to pay to have it fixed.
  • Question
    Can a teacher take the whole class's phones for no reason every day? Is it even legal?
    FireBow
    Community Answer
    Many teachers do this to make sure they don't have to interrupt their class by taking away a phone. It is allowed; if you want to avoid it, leave your phone in your locker for the duration of that class.
  • Question
    My teacher tends to take away our shoes if we forget school supplies. We walk around in socks, but there can be sharp items on the floor. I refuse to take off my shoes. What can I say to her?
    FireBow
    Community Answer
    You can say exactly what you said here. Sharp objects can be too small to see. If she warns you that she'll forcibly take your shoes, warn her that that's against the law and your human rights. If she does forcibly take them, contact authorities.
  • Question
    How do I deal with teachers who take my child's belongings without permission?
    Community Answer
    Call the school and either make a complaint with the principal or request a parent-teacher meeting.
  • Question
    How do I deal with a teacher taking away my book and refusing to return it?
    FireBow
    Community Answer
    The same way you would when it's a phone. Ask politely for your book to be returned to you; if it's not, get in contact with school officials.
  • Question
    How do I deal with a teacher taking a personal item away and refusing to return it?
    NY Blossom
    Top Answerer
    A teacher is not allowed to keep an item forever. Confront your teacher and ask how you can get it back. If the teacher refuses to give you a way or the option is inappropriate (i.e. paying money), you should inform the principal about what’s going on.
  • Question
    Can teachers search me for my phone legally?
    Community Answer
    In short, if they have a "reasonable suspicion" that you're breaking the rules, i.e. that you have your phone in your pocket when you're not supposed to, etc., yes, they can search you.
  • Question
    Can a teacher take my phone and put it somewhere during the class, even if I just leave it in a pocket and don't use it during the class?
    NY Blossom
    Top Answerer
    Technically yes, however this is unlikely. It’s best to keep it in your backpack at all times.
  • Question
    What do I do if my teacher took something from my friend that was actually mine?
    Community Answer
    Tell the teacher the truth. Explain that the item is your property, you let your friend borrow it for a short time, so as it wasn't you who was using it inappropriately in class. Politely ask for it back, and promise that you won't let anyone disrupt class with it again. If the teacher still refuses to return it and the item is something valuable, such as a mobile phone or game console, get your parents and the principal involved.
  • Question
    How long can a teacher keep my personal items?
    FireBow
    Community Answer
    From until the end of class to a maximum of the end of the day.
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