Checotah Public Schools recently implemented a phone policy that could allow staff to confiscate students’ phones overnight or for multiple days, even when the phone is owned by the parent. Many parents are unaware that this may violate legal rights, including those protected under federal law.
You own the device. Schools don’t have legal authority to hold your personal property after school hours unless you consent. If they refuse to return it upon request, that could be considered conversion: a civil offense similar to theft.
Checotah Public School's phone policy is an overreach, and it may violate both civil law and the U.S. Constitution. If they target you for objecting or speaking out, that could involve retaliation or due process violations.
If a school keeps a phone, you own after you ask for it back, that may constitute unlawful conversion: a civil offense similar to theft. Parents are not required to surrender personal property beyond school hours without consent. Public schools are also government institutions. When they take or keep your property without notice, consent, or a fair process to challenge it, they may be violating your constitutional right to due process.
You don’t lose those rights just because it happens at a school.
This image is shows the procedural basis for due process in special education. However, it still exemplifies how our fifth amendment rights are extended to public entities including schools.
Do not sign the phone policy form without reading it. Instead, write this on the form before returning it:
“I do not consent to the confiscation or retention of parent-owned property beyond school hours. Any refusal to return it upon request will be considered unlawful conversion and a violation of due process rights.”
Take a photo or make a copy of the modified form before submitting it. Email the school a copy for your records, if possible.
I am documenting this issue as an NPPA photojournalist, parent advocate, and former employee. I’ve spoken with multiple families who feel intimidated, confused, or ignored by Checotah School District. This page exists to inform and protect. I will continue advocating, preserving evidence, and connecting with legal experts to ensure families are treated lawfully.
This issue could be easily fixed with policy language change, making it clear that phones will be returned at the end of the day, every single day. Do you have any other ideas that would be helpful to balance the demands on the district to keep cell phones out of classroom and parental property rights? Have you dealt with something similar? I’d love to hear how you handled it!