AboutDan Expertise I was once an expert on Askme.com, yet because askme is going out, I feel I can help people here. I am an expert in many areas of life, so why not try to be an expert here. State your ages with questions. I do not give medical advice online
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Expert: Dan Date: 8/30/2007 Subject: On behalf of my teens/ School blanket policies
Question QUESTION: I am writing to you on behalf of my teens who are both 17 and will soon be turning 18 in just a few months. they are on their Senior year, just started yesterday. they came home to show me the new policy in place about "Open Campus". The students may drive their personal cars onto campus, but are not allowed to go near them, get in them or drive them anywhere during school hours. They are even being told that if they park off campus, they are still not allowed to drive or go near their cars during school hours. Their is debates going on whether a scooter/skateboard/bike should be considered vehicles and students denied access to these as well.
My question is, Is this even legal? As parents we own those cars, provide insurance and maintain proper operation of them. Our kids need these cars to get to the school and extracurricular activities. Our kids have not violated any traffic laws or gotten into trouble. They are both honor students yet because of a few individuals last year who did have problems (I am talking 5 incidents out of a student body of 250-300) in the course of a full school year, all the students are being punished. What can be done? What kind of action can be taken? Can they prohibit these kids even when they don't park on school property or if they are 18 (legal adults)?? Can you help???
This just doesn't seem right to me at all...
Thank you for your time
Maria
ANSWER: One question before I attempt to answer this, did they get a student handbook, and if so what does it exactly say relating to this policy? Did they need to sign anything?
Hi,
Students who are supposed to be in class, cannot leave school to go home without permission from a principal. That's the rule in my state. The school is in fear that if someone leaves school during the time that they should be in school and if they get injured, the school may be liable. Now each state has their own policies in place with how long students must be in school for. Each town, and city also has certain laws and than the schools also have policies. I am not a lawyer and cannot give legal advice online. I do recommend to ask a lawyer in your state. I also recommend Paul in our Legal ethics area. Maybe he can put some light on this for you.
Please ask follow ups
P.S. In my state the above I believe is legal, however not being a lawyer I can't say if this is true for all states. If you list the name of the school you are speaking about, I'll contact a friend of mine in Montana to see if they can get honor students out of this policy. No promises that I can do anything. They are part of the Montana educational board.
---------- FOLLOW-UP ----------
QUESTION: In response to your questions. Yes the kids got handbooks, the policy reads as follows:
H.OPEN CAMPUS
Whitehall Public Schools maintain an open campus for all students 9-12.
Students are allowed the privilege of leaving the campus during the lunch period. However, students will NOT be allowed to drive on or off campus during school hours, including lunch period. Students will also NOT be able to access their vehicles during school hours or lunch period unless pre approval has been given by the office.
Exceptions to the no driving rule are as follows:
a. Students that have a work release form on file and are leaving for work.
B. Students that have been approved by the office with written parental permission for medical or business reasons.
The open campus privilege will be revoked for students who violate the school's drugs/alcohol policies, are involved in fighting off campus, or are cited for violating the law during the lunch period. Each citation will be reviewed by the principal for appropriate action. Students who violate this policy will have the privilege of open campus revoked and not be allowed to leave the campus during lunch for 45 pupil instruction days. Students will be considered truant and will be charged with an unexecused absence if they leave the campus for the lunch period during the 45-day suspension. Students in violation of the driving regulation will be subject to suspension, with repeat offenders facing recommendation of expulsion.
Our kids have not yet signed their handbook but are expected to within 10 days of receiving it with our signatures as well.
We will of course go talk with the principle but I wanted to know where we stand on the issue and perhaps what type of argument I could use in the kids defense.
Again if you could help, it would be appreciated
Thanks
Maria
ANSWER: Hi,
My job here is not to be any one's lawyer. I have no legal degree and each state has it's own laws. I contacted a lawyer and he said MOST if not all states have a policy that states that they won't allow students out of school with use of their car. Remember driving is a "privilege".
I grew up wanting to become an educator. I do not believe that students should have the right to leave school in the middle of the school day. HOWEVER, my job is to help out the questioner even if it goes against my beliefs sometimes.
I think you can plead that your children are honor students and also try to turn around this statement:
"B. Students that have been approved by the office with written parental permission for medical or business reasons."
This is not legal advice, yet the term "business" is a vague term. Personal business? Yes, you got it. You can maybe plead on this term to allow your children to use their cars with this term.
I would recommend to have everything written down and signed. Talk to a lawyer before hand. Once you sign the book, you loose a lot of rights.
Hope I helped
Please ask follow ups and let me know how it goes,
Dan
P.S. I'll contact my friend to see what they say also. They are asleep right now. Check back with me in a few days to see if my friend replies.
Ask Paul in Legal ethics also
Personal business would have to be a very good reason to get approved in my mind, yet this again is not legal advice.
---------- FOLLOW-UP ----------
QUESTION: This isn't a ? but a thank you. You have been very helpful. I hope you understand I was not asking for legal advice, just an idea on what direction to take. I also do not think kids should be running around when they are suppose to be in class but we are talking an open campus and this is during lunch time not class time when kids are allowed to leave campus just not in their cars or allowed to go near their cars even if they are parked off campus and threatening to take away their driving privileges. That's my job. I'm the mother.. That's the part that really bothers me. Anyway, thank you. Please feel free to contact me if you come up with anything else.
Maria
Answer Thank you very much for letting me know I did help you out. I really can't give legal advice and basically the above is not legal advice. There is a chance you could talk the school into allowing your children special rights. I am against having students have rights to use cars during school hours, yet it's not my job to state that my belief is right. I understand your belief, so I did check into this. I contacted someone high up in your state who is a friend and they said that it's up to each school system, and they have no powers to change it for me.
I feel giving students time out of school can put them in danger of getting hurt, or doing something wrong. If a student was being bullied, they may attack another student with their car, or run to a store and buy a weapon. This puts people at risk. I don't think the school can watch every action a person makes. The home room teacher or such already looks at the children the first moments of the day and should report behavior problems when they see such.
You can maybe state a case that shows that it's healhier and better for your child learning/ as well as food reasons that they come home to eat instead of eating in school. This could be under "personal business". I'm not sure how this would hold up.
I live in Rhode Island and I know a lot of educators here for my mother was an educator when I was younger. I know educators in other states too. However, while this gives me some help to change policies for the locals, it does not give me the right to change all policies at hand.
I do agree that students shouldn't use cars, yet my belief is not always right. While I want to help you more, I don't know what else to say. I did already get a decline for help from my friend where you are located. I know no one at your high school system either.
Let me know if they gain the right to use their car during this time.
Thanks,
Dan
Please ask Paul in Legal ethics for help too
P.S. I have been debating the question should schools teach sex education. Isn't it the mother's job to talk about drugs, and sex to their children? My answer is yes, sadly however many parents don't know the facts and don't know where to start. Also many parents don't feel right talking about this. That's why schools do such. Is it really that easy for you to take away your children's right to use the car? I hope so, yet some parents have problems doing so. That's what the story above relates to
