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  1. #1
    Join Date
    May 2008
    Posts
    2

    Exclamation Is it Legal to Prevent A High School Student From Using The Restroom

    My question involves education law in the State of: Virginia

    My sister is a 16 year old junior in a public highschool in SW Virginia. Not that it should matter, but she has a 4.2 GPA while taking saveral AP courses. She is probably one of the top 5 students in her entire grade.

    She has 6 minutes to get from one class to the next. The distance between her second period class and third period class is great: Through one building, across the street, through a large parking lot, through another building and up two flights of stairs. She literally needs to run through the parking lot to make it on time.

    Her third period teacher allows her students TWO bathroom trips each semester. She says the students need to use the bathroom between periods, and not during her class. The teacher says that if people must use the bathroom, they will have to remain after class for five minutes, guaranteeing they will be late for their next class. After 3 tardies, they get a lunch detention. After each successive tardy, they get after school detention.

    My sister and my parents have all approached the administrators on the school about the matter. The answer they always get is that the teacher is allowed to set the rules in their class.

    Is this legal? Can teachers prevent students from using the bathroom under threat of disciplinary action? If it is not legal, I would love to have someone point me to proof, that I can print out and give to my sister and parents to take to the school.

    Thanks in advance.

  2. #2
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Is Preventing A High School Student From Using The Restroom Legal?

    You can hire a lawyer to send a letter and cause a fuss.
    You can have a doctor submit a note noting the times that he has treated the patient for UTIs or suspected UTIs.
    The parents can ask the school for their insurance information as they believe the school should pay for the treatment of the UTI.
    She can complain of pain in her bladder and ask to go see the school nurse (the teacher may retaliate by having a quiz when the student is out).
    ...or you can involve the local news.

    Note that the 4.2 GPA may go down the crapper when the teachers talk in Hades, also known as the teacher's lounge. There is a reason students aren't allowed in there; I have been in there and was embarrased myself and learned a bit about my friend's and what their wives think.

    ...and that's why the "cool teachers" got the best students (and a few slackers) in their class.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is Preventing A High School Student From Using The Restroom Legal?

    This is hardly an unusual situation. It's not an illegal situation, either.

    Tell your sister to go to her physician and ask for a letter explaining that she has a weak or irritable bladder and must be permitted to use the bathroom at will.

    When she has it, she ought not abuse it. It would do her well to ask her second period teacher if she can scoot a few minutes early so she can have a pee, instead of consistently asking in third period.

  4. #4
    Join Date
    May 2008
    Posts
    2

    Default Re: Is Preventing A High School Student From Using The Restroom Legal?

    thank you both for your replies. Seeing as the school year is almost over, I've told her to make as few waves as possible. She does use the restroom during second period when she needs to, but due to the mid morning timing, that doesnt always work out. I have no idea if she will end up with this same teacher for her senior year, but if she does, I will suggest the doctors note route. Thanks for both your help

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is Preventing A High School Student From Using The Restroom Legal?

    Of course, it would help if she actually DOES have medical condition requiring that she be allowed to use the restroom at will (something I do not see mentioned in the original post). The doctor does not have to lie in order to give her additional bathroom breaks. Somehow, all the other students seem to be managing.

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