I’ll make it short and to the point. The school searching the kid is legal as long as the search did not include a strip search or fondling. The taking of the phone initially is somewhat acceptable if the child was using it during classes or it was causing a disturbance. Keeping it till the end of the year or for any extended period of time against your wishes as the owner of the phone constitutes theft. If they refuse to give the phone to you or the person that the phone is registered to you should immediately file a police report for theft. As with most phones today it is likely the bill keeps on coming whether you have it or not. As well most smartphones are not cheap to just be able to replace on a whim.
When you go in person to the office and request it you should remain polite and calm. If they refuse you should then explain to them what’s steps you are taking next.
When the police arrive (please use non emergency number to call) they will at the very least take a report. In many cases I’ve seen and read about they will identify who has actual possession and ask them for the phone. Refused can result in jail time for possession of stolen property.
If the school stands behind the person and continues to refuse to return it you should file a civil action against school to recoup the cost of the phone and any current ongoing billing. That alone would likely prompt return as most schools do not want to undergo legal fees and the trouble of court unnecessarily.
A phone has become an extension of a person in this day and age but it does not mean there is not a proper time and place for restraint in its use. If your child has this phone for their safety and to remain connected to you, and as stated before was not being disruptive, there is no reason for it to be withheld.
For more detailed information on your rights regarding your child’s school holding their phone, read this article Know Your Rights: Is Your Child’s School Allowed to Hold Their Phone?
