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Questions answered by Mr Craig Brownell    (Expert Rank: 8713) Member has an expert rating of 100+
 

My daughters cell phone was taken away at school because she had it on and it went off during class. This is her second cell phone violation this year. Now the school refuses to return it to me (her Father). They say it is school board policy on the second violation to keep the phone until the end of the semester. What are my legal rights? Should I be allowed to get the phone that I am paying for and that I use to keep in contact with my daughter outside of school hours?

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Question found in Legal In General
O.K., Tony, now I understand better what it happening.

If your daughter attends a school outside of the U.S. or a private school, review the enrollment contract. It is possible that you have granted them the authority to do this or the laws of that country allow it. If so, you will pay for a phone that she cannot use.

HOWEVER,

If your daughter attends a public school in the U.S., the school (and school board) cannot overturn the U.S. Constitution and their policies do not constitute "due process" to retain private property. Not until we start considering our teachers to be law enforcement, our school boards as legislatures and the principals as judges.

If your description is accurate and the person having custody of your daughter's cell phone refuses to return it to YOU (legal guardian of a minor), there is an army of attorneys out there who would love to take your case. Probably for free. The publicity alone would be worth far more to them than any fee they might earn.

Regarding using it to keep in contact with your daughter. I would suggest that she keep it other than on her person until the end of the school day. In her locker or car. Also, turned OFF. Not silent, OFF.

Good luck and let me know what happens.

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Can some of my colleagues have paid bank holidays as well as annual leave and others don't?

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Question found in Human Rights
Probably.

Depending on the legal jurisdiction (country, state), employment laws can vary as they involve hourly-waged employees, salaried employees, contract employees and collective bargaining employees (union).

In the U.S., employers and employees are free to negotiate any employment terms at will and these are usually subject to renegotiation at intervals.

In other words, you and I might perform identical jobs for the same employer, but I have more paid days off and earn more money. Or vice versa. As we both accumulate seniority, these disparities can spread further. That is, if one of us is much better, we could earn additional benefits and/or pay. The rewards are for performance and/or ability, not mere presence or longevity.

Under collective bargaining (union contract), you could bust your ever-loving butt on the job all day, every day while I simply show up often enough and do just enough to "get by". We will both earn the same wage and benefits.

Socialism reduces all to the lowest common denominator. Capitalism raises those who produce to the highest levels.

On balance, however, Socialism keeps people from being unfairly penalized and Capitalism encourages butt-kissing.

Find an employer who expresses gratitude honestly and does not penalize one worker for the transgressions of others.

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How can the sight of a person yawning make us yawn? And why doesn't the sight of a person sneezing make us sneeze the same way?

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Question found in Miscellaneous
Yawning is "contagious" by suggestion.

Sneezing is the automatic response to an irritation, not normally suggestible.

Although, a hypnosis subject can accomplish both. Semi-pro since 1966.

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Can high school teachers keep a students cell phone until the end of the school year if the phone is out during school hours or should some other form of punishment be used? Cell phones are used for a variety of reasons outside of school. What is a students legal right? I am not opposed to punishment but I am not sure about the school having the right to keep a students property for several months.

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Question found in Legal In General
Are the teachers refusing to return it to the student or are they refusing to return it to the student's parents as well?

The school (public or private in the U.S.) has no authority to retain property without due process of law. Enforcing school rules is not due process of law.

However, this does not mean that they are required to return the phone to a minor student. It was seized in a rules violation and should be immediately surrendered to the student's parents. Or, in the event of a violation of law, the police.

Don't run out and file a lawsuit. A parent should attempt to recover the phone. If the school will not surrender it to a parent, they invite a legal problem they should best avoid. This could include responsibility for any and all billing, contract termination fees, replacement cost of the phone, loss of use (business phone), etc.

Put it away until off school grounds.

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Is there a paper IQ test?

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Question found in Science In General
There are, but proctored tests tend to be more stable and accurate. Simply answering questions is not the whole measure of intelligence. Some tests include performance requirements and some require a proctor's assessment of the subject's reactions.


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How can the well being of people receiving care be enhanced by suitable accommodation?

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Question found in Disabilities
Activities of Daily Living (ADLs) can be everything to someones well being.

If suitable accommodation is made, it can mean the difference between living comfortably or living with a handicap.

The largest mistake people make is arranging what they believe is a suitable accommodation without consulting with the person for whom they are doing it. It has to make sense and be workable for THEM, no matter how logical it seems to you.


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No more war!!! Any comments?

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Question found in Human Rights
I agree with your sentiments.

My students usually apply for a permit to carry a firearm.

Some, who have not attended my classes, believe that I teach violence.

In reality, I teach avoiding violence.

If avoidance is impossible, I teach how to defend; physically and legally.

As long as people have ambitions there will be war.

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Who is at fault if you back into an illegally parked car- wrong side of street and edging into your driveway?

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Question found in Legal Other
The driver of a vehicle that strikes a stationary object is at fault. That the object may not belong there does not relieve the driver of responsibility.

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1 - Who said : "Shes 24, Ive got shoes older than her"?

2 - The comment was referring to whom?

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Question found in Miscellaneous
Richard (Ringo Starr) Starkey referring to Alanis Morissette.

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The fuse in a 13 amp plug is intended for what purpose?

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Question found in Electronics and Gadgets In General
To interrupt the power if the current draw exceeds the rating on the fuse.

For instance, if your appliance is rated at 110 volts AC (U.S. "wall current") and the fuse is rated at 13 amps, that means your appliance should "draw" about 1430 watts of power at maximum capacity.

If something causes it to draw more power (for instance, a short circuit in a heating element), the rating of the fuse will be exceeded and the link will melt to open the power circuit. This is to prevent a fire, etc.

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