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How do my rights at school change when im 18?Follow

#1 Jan 22 2005 at 2:43 AM Rating: Decent
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this question has a few different specific questions, but any broad/general answers are appreciated and encouraged.

i've looked at the ACLU website as well as

http://www.leginfo.ca.gov/calaw.html

background info...

This all assumes that i am 18 years old and attending a public highschool in California

Warning: the first section may be interpreted as rather petty and crybaby-ish. I do not care and would appreciate if any posts stuck strictly to the facts of the situation. if you truly wish to skip it (but read the rest of the post) simply skip down to the area that is in yellow and says "on to the slightly less crybabyish side of my question."

Im pissed off. Tuesday my public highschool decided to create a policy that would forbid students to wear beanies after school begins. (basically, you can wear them on campus up until the point you enter your first class). the student handbook claims that items violating the dresscode will be confiscated until a parent picks it up. fair enough, right? i suppose, but it is completely unjust and seems arbitrary to have them be a-okay up until a certain time of the day. it is not an article of clothing typically associated with gangs (unlike, say, a bandanna), nor does it pose a saftey hazard or obscure a security cameras view of the persons face. in short, there can be no reason other than meanness to selectively ban them.

When you turn 18 california law dictates that a student is able to excuse their own absences. it would seem to me that this would set a precedent that would suggest anything that would normally require parental approval/action would no longer be neccesary. Furthermore, if a person were 18 they would not necessarily even live with their parents or have anything to do with them, legally. It would then seem that obviously a student would gain the right to pick up their own confiscated items. afterall, to do otherwise would be to deprive an adult of their property, something that i almost certainly think would not fly.

if that is the case, would it be that much of a strech to assume that they would not be able to confiscate the item in the first place (assuming it poses no saftey hazard)? i imagine disciplinary action would be in order (likely under the broad category of "defiance of a school official"), but i wonder whether they have any legal grounds to do it.

on to the slightly less crybabyish side of my question.
on to the slightly less crybabyish side of my question. on to the slightly less crybabyish side of my question. on to the slightly less crybabyish side of my question.
on to the slightly less crybabyish side of my question.





I believe the standard for searching a student was last established in TLO VS some school where the supreme court ruled that (atleast in regards to minors) that schools did not require the "probable cause" standard police officers are held to, but rather "reasonable suspicion".

going back to where it was said that a student is allowed to excuse their own abscences... It seems to me that if a student 18 years or older may excuse their own absences then they may leave school at will because students are only required to be in school up until the age of 16 in california (at which point they may drop out).

it is my understanding that a search can be required as a condition of entry to many areas (not referring to public schools in this instance). it is also my understanding that once in that area if someone requests to search you that you may decline the search and be escorted off the premises immediately.

it would seem to me that if you were legally an adult this same principle would apply to schools because they are in effect private security (in that they retain their power only while on campus).

it clearly states in the student handbook "The only time a school employee may physically restrain a student is if:
1. The student is a danger to himself/herself or others.
2. There is a danger to property"

it would then seem to me that no matter how badly the school wanted to search you that they would not be able to stop you from simply walking out the doors and would be helpless to stop you until a police officer arrived who would then have presumably be able to stop you but be held to the "probable cause" standard.

unless my entire premise is incorrect (which is possible) it seems the only problems with could run into as "there is a danger to property" is kind of a catch-all and that there are a few faculty members who are employed by the county, not the school district. i imagine you could get around the "danger to property" by requesting an escort off campus (as opposed to just taking off).

assuming they did detain you, i imagine that if you flat out refused to consent to any searches by school officials, but were detained, they would have no means to conduct any search (be it of your person, or possesions) unless you willfully consented, due to their restriction on the use of physical force.

the question would then be, can police officers search students as a proxy for school officials? would the officers need to establish probable cause or reasonable suspicion?

sorry for the long post. anyone who says "GFY, just dont break the rules" gets a nice big "GFY" from me. i am horribly bored with school. i could have graduated at mid-term but opted not to and have absolutely nothing better to do than rile things up.

.other injustices i would correct in a perfect world include... our Associated Student Body (ASB) are a bunch of unelected tyranical dictators whose stamp of approval is required for pretty much everything a club or sport wishes to do (their approval must be gained even for activities as mundane as an off campus carwash fundraiser).
#2 Jan 22 2005 at 2:46 AM Rating: Decent
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i all realize that this is hypothetical and even if i was compeletely correct about everything in practice my rights would likely be trampled upon and tossed aside unless i brought a lawsuit against the school.
#3 Jan 22 2005 at 3:02 AM Rating: Decent
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furthermore, i do really want to know the answers to these questions. i have searched no fewer than 10 hours reading various web sites in an attempt to attain this information by myself. my next step is to call my local ACLU office, but jeeeeeez.
#4 Jan 22 2005 at 3:08 AM Rating: Good
Sorry, that was WAY too long to hold my interest. The only thing about turning 18 that I noticed was that in my school (WI) if your parents signed off for it, you were allowed to write your own absent slips.

Needless to say I missed a LOT of school senior year.
#5 Jan 22 2005 at 3:56 AM Rating: Good
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I won't tell you to GFY.

I will tell you to grow up a little.

Think the little rules at school are unjust?

Wait till you're out in the big world, living on your own or with friends, working at a full time job, dealing with normal day to day life and the **** it likes to throw at you.

Stop pissing and moanning over a friggin' beanie. Take the damn thing off during school. What are you wearing a hat indoors for anyway? Overhead lights gonna give you sunburn or make your head cold?

As for the "can they search you?"

I went to the Airport a few weeks ago, to see my Mum off. I had to go threw the security check. Now I had to take off my belt, my steel capped boots, empty my pockets, amd unload the baby's pram. Took a little while and was a little inconvinient, but hey, I can understand why they need to do it now and I'm glad to know they are taking the possiblity of "attacks" or "threats" seriously.
An old guy sat down next to me, while i was putting my boots back on and started ******** about the searching and the delay it corsed and how stupid it was. He didn't like it and shut up when i stated that i thought it was great and how good it was that the chance of a bomb or weapon being taken into the Airport or on to a plane was being reduced.

If you have nothing to hide, then why get all upset that they may want to search you after you have entered the school grounds?
Refusing to let them search and then leaving, would certainly make them suspisious of you and give them more than enough reason to call the police and have them detain you and search you.



Edited, Sat Jan 22 03:57:44 2005 by lagduff

Edited, Sat Jan 22 03:58:56 2005 by lagduff
#6 Jan 22 2005 at 3:56 AM Rating: Good
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On the one hand once you are 18 you are an adult, on the other hand you are in a public school and in a public school it is generaly assumed the safety of all is more important than the personal rights of one. I am going to go with the later taking precedent. I would assume in the minds of those in charge expecting privliages most do not recieve while on campus would only lead to strife and anomosity, thus causing possible problems, therefor, the saftey of the children would be considered more important than your particular rights as an adult while on campus.
#7 Jan 22 2005 at 4:03 AM Rating: Good
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Schools have the right to impose whatever dress code they see fit. Sorry. As to your question about picking up one's own beanie after achieving the age of 18, it sounds reasonable. Of course that's no guarantee if your school officials decide to be jerks.

Didn't the courts decide students have no right to any expectation of privacy while at school? This was a bunch of years ago, so a new ruling may have come out since the one I remember. Essentially at one point it was decided that for the safety of all, students (and their lockers) could be searched any time, for any reason (or at random).

You think things are restrictive now? Wait until the drug test and criminal background checks for any job you hope to have. Now that's some god bless america type freedom!
#8 Jan 22 2005 at 4:25 AM Rating: Decent
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I know you'll probably think this is a GFY answer AH, but I'm going to toss it at you anyway.

I think your biggest problem is that you want to be treated like an adult, but don't want to act like one. Instead of trying to figure out how to get around the rules, how about realizing that each and every one of them is there for a reason and as an adult you should moderate your actions accordingly.

Who cares of the "no-beanie" rule is arbitrary? In the real world, you'll be required to do many things that you don't have to do legally. That's still no reason not to do them. Walking around trying to figure out what you can and can't be required to do by law is just going to make your whole life harder. When you get into the job market, if your boss requires you to dress a particular way, you do it. No law says you have to. But don't expect to be employed long if you don't. Just think of the beanie thing as part of your education.

As to the searches, why are you worrying about it? Don't take stuff to school that you aren't supposed to have at school. It's just not that hard. It just looks like you're approaching the whole turning 18 thing as though it gives you a new set of rights. It does, but it also brings a new set of responsibilities. You, not your parents, are now responsible for any harm you do. If you break something, you have to pay for it. if you break a law, you have to pay the price legally.

I'd seriously suggest you think about that instead of trying to use your newfound freedom to work an angle on the system or something.
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#10 Jan 22 2005 at 8:58 AM Rating: Default
Quote:
Tuesday my public highschool decided to create a policy that would forbid students to wear beanies after school begins.


That's old for me. My school placed those and hacky sacs right up their as gang symbols.

Quote:
our Associated Student Body (ASB) are a bunch of unelected tyranical dictators whose stamp of approval is required for pretty much everything a club or sport wishes to do (their approval must be gained even for activities as mundane as an off campus carwash fundraiser).


Jesus Christ, you should get involved in a club and host a car wash just for the hell of it. Actually, that raises another question, what the hell is an ASB it sounds like a student government that decided to try and prove that they did indeed have a sex organ of some kind and changed their name to do it.
#11 Jan 22 2005 at 10:40 AM Rating: Excellent
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i could have graduated at mid-term but opted not to and have absolutely nothing better to do than rile things up.
It seems a little ironic to give adult oriented legal advice to someone who has decided to spend the next half year acting like a child at his high school.
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Wow. Regular ol' Joph fan club in here.
#12 Jan 22 2005 at 11:36 AM Rating: Good
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You are wearing a fu[/b]cking beanie?

The school is doing this for your own good, take that sh[b]
it off if you have any self respect.

My main problem in highschool was the following:

I did the RC highschool from Junior Kindergarten to Grade 13, I was honor roll all the way but in my grade 12 year as I was closing in my diploma I happened to skip a retreat to a bible camp type deal. Not only myself but about 95% of the senior class also missed it, it was not a protest and it wasnt planned it was just a day when everyone decided when they woke up in the morning just to stay home.

Now the principal and priest were more than a little not happy and threatened anyone that had not attended with the penalty of not graduating and banning from prom unless they wrote a 20 page essay about "if you could meet anyone in history who would it be and why".

The students got together and the entire graduating class along with there parents and the local newspaper caused a fuss and we got it thrown out.

However because Im an insomiac and always have to much time on my hands i decided to write a paper, basically I talked about how the person I wanted to talk to was none other than Jesus and how the main reason why was so that I could talk to him about this situation and ask him if that was why he died on the cross.

Of course it pissed off the administration of the school but a copy of it managed to get distributed to the teaching staff who absolutely loved it for the most part and to the Ukranian Orthodox Priest who did some work at the school who took me aside to let me know that he had damn near pissed himself.

Now the above story was nothing major, except for the possibility of having to repeat grade 12 but I have to say while my story aint the most rebellious at least its more entertaining and noteworthy than you championing the rights of obnoxious 18yr olds to wear "beanies".
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#13 Jan 22 2005 at 11:43 AM Rating: Decent
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Yay, the Smurf felching/rimjob avatar is back!!!
#14 Jan 22 2005 at 12:12 PM Rating: Good
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I say buck the system. Get yourself about 8 dozen beenies and wear each one until it is confiscated. The post kinda lost my interest after you stopped grousing about the anti-beenie edict, so I can not comment on the rest of the post.

Tacosid
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#15 Jan 22 2005 at 12:29 PM Rating: Decent
Be happy that your school doesnt have a 24/7 swat team on campus with metal-detectors and weekly locker checks (assuming your allowed to use your lockers as in my school we were not). Suck it up, it could be a lot worse. My high school was the target of frequent shootings, one well documented, and multiple drug trafficing busts. And guess what the favorite method of transporting the drugs? Yep, thats right...beenies.

Obviously if that is the least of your worries of high school life then you are in a decent school...so quit ******** bout it and learn to appreciate it.

Oh, and btw...when you turn 18 the schools dont care one way or another how old you are. Yes you can sign yourself out, and a lot of my graduating class took advantage of that, but your still held to every other rule and objection in the book, and if you so much as try to get around it youll get laughed at even more than Im sure you are now.
#16 Jan 22 2005 at 12:53 PM Rating: Decent
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lagduff... the majority of california schools are mostly outdoors with students being outside except when inbetween classes.

not allowing the school security to search me and asking to leave the campus would almost certainly not give the police probable cause for a search.

in regards to airports... that is a completely different situation as it is always assumed that you will be searched in order to board a flight.


yanari... im not challenging their right to have a dresscode (although i fully intend to speak with administration as to why they find it appropriate to selectively dissalow them), just their right to take my beanie, as opposed to saying "take that off, okay. bye" (or, really, anything which does not pose a saftey hazard to anyone).


"Didn't the courts decide students have no right to any expectation of privacy while at school? This was a bunch of years ago, so a new ruling may have come out since the one I remember. Essentially at one point it was decided that for the safety of all, students (and their lockers) could be searched any time, for any reason (or at random)."

im relatively sure that was only in regards to lockers because they were the schools property. if you could find the ruling that would be appreciated. even if this were the case, i cant imagine them holding me down and restraining me in order to conduct a search unless they were 100% certain that whatever i had was an immediate danger to the school.

gbaji... i already understand everything you've said. sooner or later i'll have to shape up, but why not rock the boat while i still can?

why blindly accept their authority to ban everything they feel like. whats the best thing that can happen? through my ******** to school administrators they decide to change their policy back to "take it off in class and we dont care". and the worst? probably an afterschool detention for habitual dresscode violations. given the possible greatest upside (although it is unlikely to happen) is well worth 30 minutes of afterschool detention (which i supppose i could wear a beanie to) it seems to me that the obvious choice is to fight the man.

i dont understand why any of you feel the need to tell me to grow up etc. i told you from the start that i realize all of this is petty and childish so why remind me?


also, my question as to whether school officials can really confiscate anything from you (particularly if it isnt outright banned at school) is unanswered.

now, presumably if a parent showed up 5 seconds later to reclaim the beanie they would have to give it to them, right? now if you are in effect your own parent it seems logical to assume that they wouldnt be able to take it at all, but instead tell you to stop being a moron and put it away. obviously if you refused disciplinary action would be in order. what if a parent appeared at school violating the dresscode? i would assume that in a perfect world run by the book they would inform them that they are in violation of the dress code and (if it was something that could be corrected simply by being removed) they would just request that they put it away.

bhodisattva... i have long hair, thus a beanie instantly becomes acceptable for me to wear. the beanie i wear is quite nice and the administration even complemented me on it (sincerely) prior to confiscating it.
#17 Jan 22 2005 at 1:05 PM Rating: Decent
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i'd also like to add that im glad that atleast tacosid "gets it". this guy is TEACHER no less. as to your suggestion, i had every intention of wearing another beanie (which i dont wear, it just happens to be around the house) to school on monday. i do believe that depending on how things go i will end up purchasing a bunch of cheap ones from the dollar store or something.





#18 Jan 22 2005 at 1:06 PM Rating: Excellent
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i dont understand why any of you feel the need to tell me to grow up etc. i told you from the start that i realize all of this is petty and childish so why remind me?
I think the question is why you feel the need to appeal to be treated as an adult just so you can act like a child. Usually the realization that you're being "petty and childish" is where most actual adults stop and re-evaluate what they're doing.
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Wow. Regular ol' Joph fan club in here.
#19 Jan 22 2005 at 1:11 PM Rating: Good
AH--
By 'beanie' are you referring to the little baseball caps with the propeller on top?

--DK
#20 Jan 22 2005 at 1:28 PM Rating: Decent
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by beanie i am referring to the knit hats that have no brim and are worn atop the head. i believe they are similar to "watchman's caps" or "skull caps" so maybe you old timers can identify with those.

the one in question is black and has "Led Zeppelin" stitched into it in the colors of grey and silver.

yes jophiel, i could say "that sucks, but them's the breaks", but why? when there is clearly another more exciting option ("stick it to the man") why should i just accept it?

if beanies were banned entirely i would be annoyed, but i'd get over it in a week and accept that it is the way things are. im angry because instead of a blanket ban on beanies i can wear one only up until a certain point. i believe that there is a chance we can change that policy, and i want to take it. if nothing else, they deserve to be hassled for being tyranical jerks.

edit: furthermore, i do not believe adulthood is about blindly accepting authority " 'cause the said so".

Edited, Sat Jan 22 13:29:05 2005 by Angry Hippo
#21 Jan 22 2005 at 1:47 PM Rating: Excellent
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No, but much of adulthood is about picking your battles and not wasting people's time on petty crap.

"Tyrannical jerks"? Heh. Tyranny? In high school? So I missed the part where, not only do yo not get to wear your beanie, they make you slave in the salt mines and beat you with rods while the principal sits on a throne of gilded skulls, right? Smiley: laugh
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#22 Jan 22 2005 at 2:15 PM Rating: Decent
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not allowing the school security to search me and asking to leave the campus would almost certainly not give the police probable cause for a search.
Yes it would, that is by definition probably cause.

By refusing to be searched you are making a statment that you have something to hide, even if you don't.

Wake up, smell the coffe, the world isn't fair and if you start pissing off authority is get a whole lot less fair.

I personally am not allowed the following while at work

Long Hair
Goatie
Piercings
Use Drugs of any discription unless over the counter or perscribed.
Days off sick unless the work doctor is the one signing the sick note.
Offencive language on clothing
Drug paraphinallia, including posters at all, including in my house
Beards are only allowed if my boss agrees and i may be asked to remove it at any time.
skin head
Jewelry other than wedding rings, no chains or bracelets
Tattoo's have to be reported before being undertaken with size and location and may be prohibited.

Try to grow up AH.


#23 Jan 22 2005 at 2:15 PM Rating: Decent
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You look ghey in that beanie anyway.

Y'know, I bet you don't put half this effort into your school work, since you seem to have missed being introduced to the shift key or any sort of grammar text. Maybe if you had, you would learn to differentiate between things that are important and things that don't really matter.

The reason why everyone is telling you to "grow up" is because it is apparent that you have no concept of how things are in the world beyond school. This is the least of petty little obstacles to freedom for the supposed good of all you'll have to face. Drug tests and background checks were already mentioned. Not mentioned were the myriad of silly rules and restrictions you'll face no matter what you do or where you go. It's annoying, it's ridiculous, there's often no point, but sometimes you have to suck it up... because often, the battle simply isn't worth it.

As in this case.

Further, just because you can't see a reason for them to disallow beanies doesn't mean there isn't one. Schools do have a responsibility to ensure a safe environment for their students, and since it's obvious they were all slacking off prior to ten years ago or so, they're cracking down more firmly now. It is EXACTLY like the searches in the airport, and no amount of scoffing will change that. Those searches are conducted (and taken too far, in my opinion, but that's another story) to maintain a level of safety. School policies that disallow beanies, do searches, metal detectors, etc.... safety. Can you not put those two together?

As for the question about searches, that's one I faced in my high school. Our school district handbook said flat out that they could not. They could search school property, like lockers, but not our direct persons, our clothing, etc. Yet we were being searched and scanned with metal detectors at random about twice a month. I brought this up with the intention of writing an editorial about it for the paper, and was promptly shut down -- and the handbooks were changed.

Schools will find a way to MAKE what they're doing legal, if it's at ALL close to being legal. And while you might sue and make the news if it's a real issue (and this ain't), they're going to go on doing what they think they have to do to keep things safe.

So just suck it up and take your damned beanie off. The world isn't going to end if you have a bare head.
#24 Jan 22 2005 at 2:19 PM Rating: Good
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Quote:
I personally am not allowed the following while at work

Long Hair
Goatie
Piercings
Use Drugs of any discription unless over the counter or perscribed.
Days off sick unless the work doctor is the one signing the sick note.
Offencive language on clothing
Drug paraphinallia, including posters at all, including in my house
Beards are only allowed if my boss agrees and i may be asked to remove it at any time.
skin head
Jewelry other than wedding rings, no chains or bracelets
Tattoo's have to be reported before being undertaken with size and location and may be prohibited.


What are you, a fu[/b]ckinsg secret agent?
#25 Jan 22 2005 at 3:09 PM Rating: Good
Ok Hippo..

I ran your police question by my brother. He said that by entering school property you are agreeing to the rules, and that you are subject to a search. If you would leave without being searched, before the police arrive you can be banned from the campus...Hello GED. The school security can restrain you until the police arrive, to protect you, themselves, other students, and property.

So bottom line, follow the f'ing rules, or drop out.

PS Beanies are a gang symbol, and are subject to the dress code.
#26 Jan 22 2005 at 3:22 PM Rating: Decent
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Quote:
What are you, a ******** secret agent?
Well sort of, i'm more important than that.

I am a serving member of her majesties senior service the Royal Navy. Secret agents are *****'s <Except Bond who I shall refer to as Sir>

Oh and i can't tint or change my hair colour either.

Edited, Sat Jan 22 15:22:37 2005 by tarv
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