Picture this: you're a middle schooler or high schooler in your fifth-period class, and you need to go to the bathroom. But when you ask to use it, your teacher refuses because the bathroom pass is already in use. The Bathroom Police have struck again. If your child is in trouble with their middle or elementary school, the Lento Law Firm Student Defense team can help. Call us at 888.535.3686 or contact us online.

Believe it or not, most secondary schools have bathroom policies. In fact, K-12 Dive reported on a national increase in bathroom policies as an “attempt to deter vandalism, vaping, bullying, and drug use.”

National Bathroom Policy Examples

According to the article, some schools, like one in New Hampshire, have adopted a one-student-per-class policy for bathroom use. Others have taken a more reactionary approach, such as one in New Jersey that's locked certain bathrooms to improve monitoring. In Maryland, incidents like a nonfatal potential fentanyl overdose prompted changes in bathroom policies, including increased monitoring, open exterior bathroom doors in high schools, and limited use of certain bathrooms between bells.

Another approach schools are taking is to include students in addressing bathroom challenges. For instance, students at Falmouth High School in Massachusetts conducted surveys to change the school's bathroom culture, leading to new protocols, vape detectors, and increased anti-vaping education. A Florida high school designated certain bathrooms for specific grade levels and created a competition between them to encourage better behavior.

Potential Concerns with Bathroom Policies

Until recently, bathroom policies often varied significantly from teacher to teacher. This is a problem in and of itself. However, the trend for schools to codify bathroom regulations is even more concerning. With something as private as bathroom use, your child shouldn't have to offer an argument for why they need to use the facilities.

Teachers often enforce the rules haphazardly. Some may allow girls to use the restroom with more laxity for perceived menstrual issues. Others may decline the request in an attempt to crack down. Some girls might not feel comfortable disclosing to their male teacher that they have their period. And they shouldn't have to put their privacy or safety at risk.

In a similar vein, students with digestive issues might require more frequent bathroom use—should they be penalized or shamed for their bodies? They may already be self-conscious about their health conditions.

The bottom line is that students can have very compelling reasons they need to use the restroom, and these sorts of draconian regulations ignore this. Additionally, they don't take into account reasonable accommodations that students might need (and be legally entitled to).

Over time, students' repeat violations can lead to suspension, expulsion, and more. This can lead, in turn, to collateral consequences that can ripple forward indefinitely. Suspension and expulsion can reduce their chances at college acceptance, and put their entire future at risk. That's why it's so important to seek legal assistance from The Lento Law Firm.

The Lento Law Firm Team Can Help

If your child is currently navigating issues with their high school or middle school due to violating bathroom policies, the Education Defense Team at the Lento Law Firm is here to assist. We believe your child's rights are important and want to help you defend them. Call us today at 888.535.3686 or contact us online to see how we can help.