# Rights at School **URL:** \ **Category:** Factual Questions\ **Created:** [December 5, 2002, 2:55am UTC](https://boards.straightdope.com/t/rights-at-school/140611 "2002-12-05T02:55:56Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![guitarguy471](https://avatars.discourse-cdn.com/v4/letter/g/a183cd/32.png) [@guitarguy471](https://boards.straightdope.com/u/guitarguy471)\ **Post date:** [December 5, 2002, 2:55am UTC](https://boards.straightdope.com/t/rights-at-school/140611/1 "2002-12-05T02:55:56Z")
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. ---
**Author:** ![Saltire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saltire/32/553_2.png) [@Saltire](https://boards.straightdope.com/u/Saltire)\ **Post date:** [December 5, 2002, 3:03am UTC](https://boards.straightdope.com/t/rights-at-school/140611/2 "2002-12-05T03:03:51Z")
I’m almost sure the word “bathroom” does not appear in the Constitution.😃 ---
**Author:** ![Saltire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saltire/32/553_2.png) [@Saltire](https://boards.straightdope.com/u/Saltire)\ **Post date:** [December 5, 2002, 3:09am UTC](https://boards.straightdope.com/t/rights-at-school/140611/3 "2002-12-05T03:09:08Z")
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? ---
**Author:** ![deathawk](https://avatars.discourse-cdn.com/v4/letter/d/ed8c4c/32.png) [@deathawk](https://boards.straightdope.com/u/deathawk)\ **Post date:** [December 5, 2002, 3:13am UTC](https://boards.straightdope.com/t/rights-at-school/140611/4 "2002-12-05T03:13:50Z")
The short answer is that you are a minor. A link that may clarify: [http://www.constitution.org/powright.htm](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: [http://www.civnet.org/resources/teach/biblo/schlene3.htm](http://www.civnet.org/resources/teach/biblo/schlene3.htm) ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [December 5, 2002, 11:59pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/5 "2002-12-05T23:59:48Z")
> [@](#): > > \*Originally posted by deathawk \* > \*\*The short answer is that you are a minor. 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. ---
**Author:** ![psychomonkey](https://avatars.discourse-cdn.com/v4/letter/p/dec6dc/32.png) [@psychomonkey](https://boards.straightdope.com/u/psychomonkey)\ **Post date:** [December 6, 2002, 2:37am UTC](https://boards.straightdope.com/t/rights-at-school/140611/6 "2002-12-06T02:37:22Z")
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 ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [December 6, 2002, 2:57am UTC](https://boards.straightdope.com/t/rights-at-school/140611/7 "2002-12-06T02:57:43Z")
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? ---
**Author:** ![Donovan](https://avatars.discourse-cdn.com/v4/letter/d/ea666f/32.png) [@Donovan](https://boards.straightdope.com/u/Donovan)\ **Post date:** [December 6, 2002, 4:12am UTC](https://boards.straightdope.com/t/rights-at-school/140611/8 "2002-12-06T04:12:40Z")
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. ---
**Author:** ![Fred](https://avatars.discourse-cdn.com/v4/letter/f/db5fbb/32.png) [@Fred](https://boards.straightdope.com/u/Fred)\ **Post date:** [December 6, 2002, 4:19am UTC](https://boards.straightdope.com/t/rights-at-school/140611/9 "2002-12-06T04:19:30Z")
> [@](#): > > 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? 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? ---
**Author:** ![psychomonkey](https://avatars.discourse-cdn.com/v4/letter/p/dec6dc/32.png) [@psychomonkey](https://boards.straightdope.com/u/psychomonkey)\ **Post date:** [December 6, 2002, 9:43pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/10 "2002-12-06T21:43:35Z")
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 ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [December 6, 2002, 10:40pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/11 "2002-12-06T22:40:14Z")
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. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [December 6, 2002, 10:49pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/12 "2002-12-06T22:49:07Z")
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 > **[Online Exhibits](https://www.archives.gov/exhibits)** > > Featured Exhibits The Bill of Rights (Amendments 1-10) > **[Online Exhibits](https://www.archives.gov/exhibits)** > > Featured Exhibits Amendments 11-27 > **[Online Exhibits](https://www.archives.gov/exhibits)** > > Featured Exhibits ---
**Author:** ![andymurph64](https://avatars.discourse-cdn.com/v4/letter/a/a88e57/32.png) [@andymurph64](https://boards.straightdope.com/u/andymurph64)\ **Post date:** [December 6, 2002, 10:51pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/13 "2002-12-06T22:51:01Z")
I thought minors (kids under 18, not diggers) had very little rights to begin with… ---
**Author:** ![SC\_Wolf](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@SC\_Wolf](https://boards.straightdope.com/u/SC_Wolf)\ **Post date:** [December 6, 2002, 11:21pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/14 "2002-12-06T23:21:07Z")
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. ---
**Author:** ![Superspy](https://avatars.discourse-cdn.com/v4/letter/s/22d042/32.png) [@Superspy](https://boards.straightdope.com/u/Superspy)\ **Post date:** [December 6, 2002, 11:30pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/15 "2002-12-06T23:30:20Z")
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. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [December 7, 2002, 5:20pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/16 "2002-12-07T17:20:25Z")
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 ---
**Author:** ![BrandonR](https://avatars.discourse-cdn.com/v4/letter/b/779978/32.png) [@BrandonR](https://boards.straightdope.com/u/BrandonR)\ **Post date:** [December 7, 2002, 7:46pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/17 "2002-12-07T19:46:02Z")
> [@](#): > > \*Originally posted by SC\_Wolf \* > \*\*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. \*\* 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… ---
**Author:** ![SC\_Wolf](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@SC\_Wolf](https://boards.straightdope.com/u/SC_Wolf)\ **Post date:** [December 7, 2002, 9:11pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/18 "2002-12-07T21:11:23Z")
The trick is, having the extra clothes without making it look like you had it planned all along. ---
**Author:** ![Frostillicus](https://avatars.discourse-cdn.com/v4/letter/f/e9bcb4/32.png) [@Frostillicus](https://boards.straightdope.com/u/Frostillicus)\ **Post date:** [December 7, 2002, 10:11pm UTC](https://boards.straightdope.com/t/rights-at-school/140611/19 "2002-12-07T22:11:36Z")
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) ---
**Author:** ![Blueapple](https://avatars.discourse-cdn.com/v4/letter/b/a183cd/32.png) [@Blueapple](https://boards.straightdope.com/u/Blueapple)\ **Post date:** [December 8, 2002, 12:25am UTC](https://boards.straightdope.com/t/rights-at-school/140611/20 "2002-12-08T00:25:23Z")
[ACLU & Students Rights](http://www.aclu.org/StudentsRights/StudentsRightsMain.cfm)