Parent tells board phone confiscation policy may conflict with state law after delayed phone contact
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A parent told the board he could not reach his child after the school reported the child absent and that Assemblyman and senator staff indicated district policy disclaiming responsibility for confiscated phones may not be lawful.
Vincent Malfitano, a parent, told the Board of Education that on a recent half day he dropped his son at Isaac and later received a text indicating the student was marked absent. Malfitano said he called the school many times and reached a human being only about an hour and a half after leaving voicemail messages. "If I can't reach my son, I didn't know if he was on the floor in the bathroom, whether he got assaulted outside and an ambulance took him away," he said.
Malfitano also raised questions about the district's policy on confiscated cell phones. He said staff for Assemblyman Otis and Senator Fernandez told him they found "nothing in the legislation that grants an immunity to this school district for being responsible to property that they may confiscate." He said the district's policy language that "the school is not responsible for damage, loss, or theft of a cell phone" may therefore be illegal and asked the board to review the policy.
The board did not respond during public comment; the meeting record shows the superintendent was absent and that public comments would be forwarded to staff. Malfitano urged the board to clarify how parents may recover confiscated phones and under what legal authority the district declines responsibility. He also asked the board to review phone-handling procedures and staffing for after-hours contact.
No board policy change or vote occurred at this meeting.
