Legal Question in Education Law in Washington

My daughter's teacher took her scarf away from her in class because it was a distraction. she put it in a prize box for other students to pick prizez from and will not give it back to us. Can she leagally do this?


Asked on 9/13/11, 9:08 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

No. Unless your daughter "contracted" to surrender personally property that was a "distraction" at school, the teacher cannot take the property and permanently deprive your daughter of its possession. Such an act is criminal in nature (a theft) as well as a tort (conversion). The teacher would have the authority to take property permanently if it was illegal in nature, e.g., drugs, weapons.

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Answered on 9/14/11, 6:24 pm


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