Hot answers tagged

137

You say: the school expects him to create a public Twitter account, with his real information, in order to promote the program & the results of the program. This is a cut-and-dried case of compelled speech. Your son is being required to say certain things in public in order to pass this course. The Supreme Court has decided that students do not "...


76

Contact the local affiliate of the ACLU: Affiliates | American Civil Liberties Union. They have a long history of protecting schools and public institutions from religious influences. They will be able to determine the legality of the displays in the school and if the subject of the presentation by the speaker is legally problematic, and will know the ...


48

The ACLU is an excellent choice. Let me also recommend the Freedom from Religion Foundation. They handle these outrages on a regular basis.


48

I think some of the answers are good but taking a long approach. Much easier approach: Student: "I can't do the assignment." Teacher: "Why?" Student: "Twitter won't let me sign-up" Teacher: "Why?" Student: "I don't agree to their Terms of Service" Teacher: "You have to agree to it to use the site and will need to do that to pass" Student: "Will ...


47

Setting aside kidnapping, child-endangerment, etc., there are a host of laws requiring the bus and the driver to have special licenses (ie, a commercial drivers license), inspections (including a physical and regular drug tests), training, insurance and so on. Breaking any of these laws is a crime. In most states, these crimes are treated as misdemeanors or ...


28

I would suggest reaching out to the ACLU in addition to the EFF on the matter as the school could be in violation of multiple constitutional rights by compelling the student's participation on Twitter. There are two notable First Amendment violations, the first in the government compelling speech in the public forum with his personal information available (...


23

In Washington, it would be unlawful imprisonment but not kidnapping. To kidnap, one must abduct, which means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force That is not the case in this scenario. "Restrain" means to restrict a ...


12

You acted illegally in assaulting your fellow student. When you are in public, a person can legally take your picture, and you are not allowed to assault a person because you do not like their legal actions. Any degree of force is excessive except in certain responses to illegal fource, and even the threat of force is excessive. You also have no right to ...


11

The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there ...


11

Possession of a school bus for improper purpose Since you've said "pick your jurisdiction", here. Florida 316.72 makes it a misdemeanor to merely possess such a school bus. Awkwardly, the statute misses prohibiting the prank itself, but certainly does forbid everything necessary to lead up to the prank: Buying a school bus without obliterating marks and ...


9

I would recommend contacting Americans United for Separation of Church and State. If you check their website, you can see their mission: Americans United for Separation of Church and State is a nonpartisan educational and advocacy organization dedicated to advancing the separation of religion and government as the only way to ensure freedom of ...


8

You're under 18, so you're viewed as a minor under the law, and as such, you can't agree to and sign legally binding contracts. The TOS for the applications are agreed to by your parents by default, because your parents are responsible for you and have no choice in parental guardian-type duties, such as education. Agreeing to the software TOSs may also be ...


8

This will be a very likely legal victory, but a potentially hard legal path. This is wrong for a bunch of factors. The downside is there's a lot of interesting legal exploration to do here, and some "new law" has a chance to emerge (i.e. influential case law), and it would take years to litigate it all. The good news is, you only have to win on one arm of ...


8

The original level of the fines was set in regulation 4 of the Education (Penalty Notices) (England) Regulations 2007. This was then amended by regulation 2 of the Education (Penalty Notices) (England) (Amendment) Regulations 2012: Amount of penalty 2.—(1) Regulation 4 (amount of penalty) of the Education (Penalty Notices) (England) Regulations 2007 ...


6

Public schools are open to all residents. There is no citizenship requirement and no "tax payer" requirement. Unless excepted for home schooling or attending a recognized private school, in most locations it would not only be allowed, but mandatory between certain ages.


6

In general, permission is not granted to enter the premises of another by climbing a fence unless it is explicitly granted. That the fence is on your property, but adjacent to the school's property, is a complication. The school, observing that there is a boundary fence, might reasonably rely on that to exclude people from entering other than at desired ...


5

I have personal experience dealing with something similar. What I found was that the school district has policies, which are usually drafted from a boiler plate (which often originates from a subscription service) and then perhaps tweaked before being adopted by the Board of Education. There is generally an IT consent form (e.g. “Student Acceptable Use ...


4

New Hampshire is a "constitutional carry" state. The term "constitutional carry" is not a legal term but, rather, a catchphrase used to describe states that have adopted, either by statute or state constitution, that no permit is required to carry a gun either openly displayed or concealed. The phrase comes from a belief among many that the constitution is a ...


4

It is entirely legal. The school has no obligation to admit any particular student unless there is an alumnus preference clause in their admission agreements.


4

This sucks. It is also legal. It's a private school, they can admit who they like (provided they don't discriminate on the grounds of protected characteristics like "religion" or "caste").


4

Anyone has a right to report illegal activities that it is aware of to the authorities. This is in fact where 99.9% of police investigations start. In addition, students of a school (or, more generally, members of any organisation) are eligible to be investigated/disciplined by the school in accordance with the rules of the school providing that the ...


4

A school district can have a policy requiring students to sign up for computer accounts of some ilk. There is no constitutional right to be free of Twitter. Schools have broad latitude to require students to do things that some parents do not like, in aid of some stated educational goal. Generally, your recourse is political (lobby against the program, vote ...


4

new-south-wales Almost certainly a school can enforce detention as part of discipline Government schools The Education Act 1990 at s35 gives the Minister power to discipline students and the power to delegate that discipline. That delegation has been done and individual principals are required to develop and implement disciplinary policies in their ...


3

This page sums up the state of federal law regarding sex segregation and schools. There are various "separate but equal" provisions under the law, for example Boys State or Girls State are not outlawed, there is no requirement for co-ed PE class. But as far as I can see, a school field trip to hear the Petaluma Symphony Orchestra could not be limited to only ...


3

Leonard's law says that the school can restrict speech if it is against the religious tenets of the organization. Now I don't think school uniforms fall are part of the tenets of Catholicism, so why can private schools enforce dress codes? I see there's a misunderstanding of the Leonard's law. But I fault the California legislators (not you) for that ...


3

germany tl;dr: Yes, the school may detain children for disciplinary reasons, but only as authorized by law, and generally only to perform extra work, not just as punishment. In general, the compulsory education existing in Germany is authorized by §7 Grundgesetz (basic law), which authorizes the state to organize and oversee the school system. According to ...


3

Legally speaking, it's hard to say, because it depends on the laws in the particular jurisdiction. There is a wide variation in how these warnings are phrased, and how they relate to local law, for example it may be limited to "when flashing" (which seems to be the pattern in Washington, but that's more a matter of practice than state requirement). Federal ...


2

The school can call parents and tell them whatever they want about students. FERPA 34 CFR 99.31(a)(8) gives the school this authority. It is probably explicitly stated in your code of conduct.


2

What you did was criminal assault Assault is the crime of placing someone in fear of physical violence - it can include physical violence or contact but it doesn’t need to. In some countries assault with physical contact is called battery or aggravated assault and carries harsher criminal sanctions. You are permitted to use reasonable force in most ...


2

The main source of liability would be "for injuries caused by the act 'of things that he has under his guard'" (this article). As stated in Art. 1383. of the 1804 Civil Code, "Everyone is liable for the injury he has caused not only by his act, but also by his negligence or imprudence". Then the question is whether the teacher was negligent in allowing a ...


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