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Can the school confiscate an item or jewellery they say breaks a school rule?
The school can require you to hand over items which are banned at the school, or which are dangerous, or which are disturbing others' learning or being used to cause a nuisance. However they can?t use physical force to take items off you, unless there was an immediate threat to someone?s safety or property.
Apart from illegal items such as drugs or weapons (which they could hand over to the Police) your school would have to hand confiscated items back to your parents as soon as reasonably possible.
The confiscation of your property should not be treated as the punishment. A different type of punishment can be imposed if this is necessary. In general things which are not illegal for you to possess like MP3 players, skateboards, or non-uniform clothes should be returned to you no later than the end of the day. The law is that your rights as the owner of these things should only be interfered with to the minimum degree necessary for the school to achieve a lawful purpose (such as maintaining a safe and effective learning atmosphere).
If the item which is confiscated is illegal for you to possess because of your age (such as alcohol or pornographic material) but wouldn't be illegal for an adult to possess, the school should normally give it to your parent(s) as soon as possible).
Apart from illegal items such as drugs or weapons (which they could hand over to the Police) your school would have to hand confiscated items back to your parents as soon as reasonably possible.
The confiscation of your property should not be treated as the punishment. A different type of punishment can be imposed if this is necessary. In general things which are not illegal for you to possess like MP3 players, skateboards, or non-uniform clothes should be returned to you no later than the end of the day. The law is that your rights as the owner of these things should only be interfered with to the minimum degree necessary for the school to achieve a lawful purpose (such as maintaining a safe and effective learning atmosphere).
If the item which is confiscated is illegal for you to possess because of your age (such as alcohol or pornographic material) but wouldn't be illegal for an adult to possess, the school should normally give it to your parent(s) as soon as possible).
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Latest page update: made by YouthLaw
, Mar 30 2010, 6:58 PM EDT
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