School Law and Personal Property
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School Law and Personal Property

September 16, 2015 12:57PM
A question was raised around our Yom Tov table - whether a school has the right to permanently confiscate contraband items from students. The case that sparked the discussion was a clothing item which did not fit the school's dress code. The principal took the garment away and the student was told that if she wanted it back, she could only do so if she agreed to be expelled from the school. I asked a classmate who told us the story and she showed me the school handbook which clearly states that if a student wears non-uniform clothing, it will be permanently confiscated. (The handbook states the same about a student found with a cell phone at school). I was told that at that school, the principal has scores of items of clothing and assorted iPhones etc. in his office. The students are all instructed to sign their consent and acceptance of the terms of the handbook before the beginning of the school year.

There is a question of local (usually state) law, which doesn't really belong to this forum.

There is a question of Halachah - may a student sign away his or her rights to property such that the school may seize and take permanent possession of a personal item of the student? This question may be further compounded by the ethical question of the "yashrut" of such behavior on the part of the school.

And there is a question of educational policy. One parent at the table, whose daughters attended/attend this school was thankful for the policy as it has kept students from dressing inappropriately and keeping cell phones etc. out of the school. Is this type of deterrence a positive and desired educational model?

I am interested in hearing what fellow educators and administrators think about this and how their experiences with such matters have shed light on the issue.

B'virkat Hatimah Tovah,

Yitzchak Etshalom



Edited 1 time(s). Last edit at 09/16/2015 12:58PM by mlb.
Subject Author Posted

School Law and Personal Property

Yitzchak Etshalom September 16, 2015 12:57PM

Re: School Law and Personal Property

Zvi Grumet October 06, 2015 05:24PM



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