Do I have any rights at school or are they all waived? Even sometimes basic rights such as being able to go to the bathroom get denied. What are the laws on this? Are schools immune to the consitution? If schools are mandatory, what gives them the right to wave basic constitutional rights? I go to high school in Missouri.
I’m almost sure the word “bathroom” does not appear in the Constitution.
Sorry that sounded snarky. I’m not a lawyer, so I can’t really answer your question.
Is there some right in particular you feel you’ve had violated?
The short answer is that you are a minor.
A link that may clarify:
http://www.constitution.org/powright.htm
Also, this page has a long list of articles and legal decisions regarding the rights & limits on those rights of minors, students in particular:
this isn’t the case. I have vivid memories of when I turned 18 when I was a senior in high school, and still being denied the right to leave school during free periods, due to the school “being responsible for my welfare” … which is an excuse I’m sure many schools use for the bathroom thing as well.
Simply put, the school has the right of In Loco Parentis which is fancy latin talk for “in place of the parent” meaning they have the right to act as your parent to a reasonable extent. You still maintain your rights, but the get to control you under the guise of “whats good for you.”
-PSM
Your parents don’t get to tell you when to go to the bathroom once you turn 18, why should a school acting in loco parentis be able to?
AFAIK, you can drop out of school once you turn 18 (earlier in some states), so you can always quit if you don’t like the rules.
Who says? Is a parental rule saying “No leaving the table until you finish dinner” unconstitutional, as it also prevents going to the bathroom whenever you choose?
Its sort of an “As long as you live under my roof, you live under my rules” sort of thing. If you dont like it, leave.
-PSM
However, in the words of a Supreme court Justice 'Students do not leave their rights at the schoolhouse gate." (for the quote see Tinker v. Des Moines School District)
Students do have some limited rights, mostly having to do with freedom of speech (that isn’t lewd or a danger to others) and the privacy of their bodies. However their personal rights are balanced by the need to maintain an orderly learning evironment. So, a student can be searched within the school, but a search should be justified in its inception and secondly the extent or scope of the search should be justified in view of circumstances which gave rise to the search. So, random body searches = very not legal. Having bag/locker searched after a teacher observes a student acting impaired = sometimes legal.
Students in public schools also have freedom from the establishment of religion.
I think if you spend a little more time reading the consitution you’ll realize it doesn’t offer you “the right to pee at will.”
The Constitution of the United States of America
The Bill of Rights (Amendments 1-10)
Amendments 11-27
I thought minors (kids under 18, not diggers) had very little rights to begin with…
Here’s a little secret. You’re the only person who can deny your own right to pee at will. Think about it for a bit.
In New Jersey the law is that any student aged 16 or over is allowed to drop out of high school if he/she desires. This follows up Donovan’s point that if you don’t like the rules, you are able to leave. Also in many states (if not all) a student has the right to become an ‘emancipated student’ which means that you become responsible for all of your actions in and concerning school (I feel that this should be instated automatically for all 18 yr olds). Then you have more freedom to disobey school regulations if you don’t mind defending your own case. The worst that happens here is that you get a detention, but you don’t have to deal with punishment from your parents because unless you personally tell them, they never recieve notification of your punishment because they are not responsible for you any longer.
I’d WAG that any Administration that enforces a formal stance on barring students from using bathroom facilities is in for a legal battle that they will surely lose. Yes, it’s abused by all kids. Yes, they meander and take their sweet-assed time getting back to class. ( I sub teach, I know of whence I speak…). It does not matter. No District is going to maintain a rule barring students from using facilities during the school day to relieve themselves.
Not to be indelicate about it, but right off the bat, the N.O.W. and A.C.L.U. would likely FUND a lawsuit that claimed that by barring young women from access, the school was increasing the chance of the ladies contracting Toxic Shock Syndrome.
You’re mad at your high school, fine. You have a right to pee. Sheeesh.
Cartooniverse
Very true. A girl in my school was in a class in which the teacher would never let the class go to the bathroom, so what did she do? She peed her pants right there in the classroom.
Of course, she had it all planned out and brought extra clothes, but maybe it made the teacher reconsider her position…
The trick is, having the extra clothes without making it look like you had it planned all along.
In general, you have limited rights (freedom of speech, religion, etc.) as long as they don’t interfere with the learning process. In other words, you have the right to state your opposition to war with Iraq in a class discussion without fear of being punished for your beliefs, but you do not have the right to announce your views over the public address system during the middle of class. Likewise, you have the right to pray silently at your desk before a big test, but you do not have the right to lead the rest of the class in prayer during class time. I hope this helps. (Coming from a high school teacher, BTW)