Under what circumstances can a school confiscate my hoodie?

Question

The administrator had walked into the class and talked about something he was planning to do next week in front of the class. He says that if a student has their hood on during class or in the halls they will start confiscating it for five days. So if they were to confiscate it on Monday, the student won't get it back until Friday. Do I have a say in keeping my hoodie or can they really do this?

Answer 1

Schools often have quite a bit of latitude, because they're acting in loco parentis while you're in class. I also expect they've notified the parents of all students of this policy, and it has been approved by the school board (it may even have been instituted by the school board, not the administrator on their own).

You've been given adequate warning about the policy, so you have a say. If you don't want them taking your hoodie, don't put the hood over your head while in class. If you're cold and need an extra layer you can wear it with the hood down.

I don't think this would generally be considered theft. In most jurisdictions, theft requires permanently depriving someone of their property. Taking it for just 5 days is not permanent.

Hoodie bans are not uncommon in schools. You can find justifications at Why Hoodies Aren't Allowed in School? It's likely that the ban was discussed at a school board meeting, which is when community members have the opportunity to make their opinions known. If you wanted to provide input, that's when you could have "had your say".