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Can schools in Ohio legally confiscate or search students' cell phone?
In Ohio, state lawmakers voted this year to prohibit cell phone use during the school day under most circumstances. Each school district, community school, and STEM school must adopt a policy by Jan. 1 prohibiting students' use of cell phones during the instructional day, with some exceptions.
Under state law, cell phones are expected to be restricted between time between the first bell in the morning until the final bell at the end of the day, with some districts requiring devices to be stored in cubbies, backpacks or even special containers.
But can a district go even further than that by confiscating or searching a student's device?
Can a school district confiscate a student's cell phone?
Generally, school districts have the authority to confiscate student electronics if they are found to be violating district policy. The Ohio Department of Education and Workforce model cell phone policy recommends adding a provision that allows for confiscation of devices.
For example, Columbus City Schools passed a policy in October to update their cell phone policy to comply with state law. Under its policy, "any electronic equipment/device confiscated by District staff will be marked in a removable manner with the student's name and held in a secure location in the building's central office until it is retrieved by the parent/guardian."
The National Youth Rights Association acknowledges that most districts across the country have a policy allowing the confiscation of the student items. However, it argues that the seizure, or confiscation, of personal property is limited by the Fourth Amendment and that "unless students are breaking the law or infringing on another's right to education, students should be allowed to retain all personal items."
Can a school search a student's phone in Ohio?
There is a greater standard for whether a school is allowed to search a student's phone.
According to the Ohio BAR Association, while The Fourth Amendment provides everyone a right to privacy, students in public schools are under stricter rules than adults. To search a student, school officials needs a reasonable suspicion that a law or rule was broken or a student's permission to search.
In 2013, the 6th Circuit Court of Appeals, which includes Ohio, found in the case G. C. v. Owensboro Public Schools that a school is justified in a search "when there are reasonable grounds for suspecting that the search will garner evidence that a student has violated or is violating the law or the rules of the school, or is in imminent danger of injury on school premises."'
The American Civil Liberties Union (ACLU) argues that the contents of that phone "cannot be searched without reasonable, individualized suspicion that the search of the student's phone will lead to evidence of wrongdoing with the phone." At school, the ACLU says, administrators are required to have a reason for the search, prior to invading a student's privacy.
Some local schools have policies pertaining to searching devices. For example, Columbus City Schools says that devices will not be searched "or otherwise tampered with unless school officials reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules (e.g. a student is observed using a camera in a prohibited area)."
Cole Behrens covers K-12 education and school districts in central Ohio. Have a tip? Contact Cole at [email protected] or connect with him on X at @Colebehr_report