Rights: Seizure

FAQ

May a school official search an individual student?

School officials may search an individual student, the student’s property, or District property under the student’s control when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law, Board policy, administrative regulation, or other rules of the District or the school [MCS BP 5145.12].

Searches of individual students shall be conducted in the presence of at least two District employees. The principal or designee shall notify the parent/guardian of a student subjected to an individualized search as soon as possible after the search [MCS BP 5145.12].

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.

Rights: Safety

Is a school district required to inform teachers of students’ violent, criminal, harassing, or threatening conduct?

By law, educators must be confidentially informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years [EC 49079].

May a school employee take an injurious object?

A school employee may take any injurious object away from any student while on school premises or under the authority of school personnel [EC 49331]

What degree of control may a teacher exercise to ensure student conduct?

A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise. [EC 44807].

What shall occur whenever any employee is attacked?

Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000) [EC 44014].

Does a teacher have a right to suspend a student?

Yes. Educators may suspend students from class for the day of suspension and the following day. Ask the parent or guardian to attend a conference regarding the class suspension as soon as possible [EC 48910; Article XXIV.H].

Are parents or guardians liable for their minor children’s willful misconduct that causes injury to person and/or property?

Yes, Parents/Guardians are liable for their minor children’s willful misconduct that causes injury to person and/or property [EC 48904; EC 48905].

Immediately stop and demand the attendance of a union representative or administrator if a parent or guardian meeting becomes unpleasant.

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.

Rights: Devices

FAQ

What is the policy regarding Mobile Communication Devices?

Mobile communication devices shall be turned off during instructional time. Smartphones and other mobile communication devices shall not be used in
any manner which infringes on the privacy rights of any other person [MCS BP5131.8].

The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor [EC51512].

May a teacher use an audio recording device in a classroom?

Any classroom teacher who, in the interest of improving his or her personal teaching techniques, wishes to use an audio recording device in a classroom to record classroom instructional presentations, may employ that device without the necessity of obtaining the approval of the school principal or other school officials [EC 44034].

Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.