• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question on school rule book laws

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Saraaras

Junior Member
Connecticut

Ok, so the school that I attend (I am 16 years old in 11th grade) issues a rule book with our adgenda at the begining of every school year. With the rule book comes a sheet that we have to sign and agree to the rules in the book, which every student in the school must sign.
Recently, I was suspended from school for 10 days for smoking a cigarette off campus, because the school claimed that if they can see me smoking that I am liable for the concequences.
I decided to check the school rule book to see what the rules were. The rule book states "In accordance with the board of education policy, there will be no smoking, possession, or use of any tobacco related products at any school, school sponsored event, or on any school grounds in the town of ----- at any time." So I asked my principal why the rule wasnt stated in the book, and she said she did not know.
Later that day I called the board of education and asked them to read me what their rules on tobacco regulations were, and they said that the rules are the same as in our book, exept that in the board of education's copy, it states that you can be caught smoking in "the vicinity of the school" with no exact boundaries for the vicinity stated.

My question is, is there anything I can do about the fact that the school forced the students to agree to a policy which is not the real policy? and can I do anything about the fact that I am being suspended for somthing which is not stated in the rule book that I agreed to?

Thanks
 


Zigner

Senior Member, Non-Attorney
Connecticut

Ok, so the school that I attend (I am 16 years old in 11th grade) issues a rule book with our adgenda at the begining of every school year. With the rule book comes a sheet that we have to sign and agree to the rules in the book, which every student in the school must sign.
Recently, I was suspended from school for 10 days for smoking a cigarette off campus, because the school claimed that if they can see me smoking that I am liable for the concequences.
I decided to check the school rule book to see what the rules were. The rule book states "In accordance with the board of education policy, there will be no smoking, possession, or use of any tobacco related products at any school, school sponsored event, or on any school grounds in the town of ----- at any time." So I asked my principal why the rule wasnt stated in the book, and she said she did not know.
Later that day I called the board of education and asked them to read me what their rules on tobacco regulations were, and they said that the rules are the same as in our book, exept that in the board of education's copy, it states that you can be caught smoking in "the vicinity of the school" with no exact boundaries for the vicinity stated.

My question is, is there anything I can do about the fact that the school forced the students to agree to a policy which is not the real policy? and can I do anything about the fact that I am being suspended for somthing which is not stated in the rule book that I agreed to?

Thanks
Were you on the way to or from school?
 

moburkes

Senior Member
You should have been suspended. Last I checked, 16 year old weren't allowed to smoke ANYWHERE. You broke the law. I suppose, you'd rather they have called the police on you.
 

Saraaras

Junior Member
You should have been suspended. Last I checked, 16 year old weren't allowed to smoke ANYWHERE. You broke the law. I suppose, you'd rather they have called the police on you.
Actually, in connecticut it IS legal for 16 year olds to smoke, just not to purchase tobacco products. please know what your talking about before you bash me.
 

Saraaras

Junior Member
Were you on the way to or from school?
No, I was not, it was during the school day. But I am more interested about finding out if they can punish me for a rule that they didnt inform the students existed in the official handbook which we signed and agreed to, rather than wether or not I was smoking during school. I am more than willing to serve the punishment for leaving campus during the school day.
 

Zigner

Senior Member, Non-Attorney
No, I was not, it was during the school day. But I am more interested about finding out if they can punish me for a rule that they didnt inform the students existed in the official handbook which we signed and agreed to, rather than wether or not I was smoking during school. I am more than willing to serve the punishment for leaving campus during the school day.
So, you were still under the custody of the school then. Take your lumps and learn your lesson. Don't try to weasel out of it - the school is in the right here.
 

TinkerBelleLuvr

Senior Member
School was right to suspend her. But. The question is: Can they suspend her for rule that was NOT given, as being used, to the student to sign?
 

Zigner

Senior Member, Non-Attorney
School was right to suspend her. But. The question is: Can they suspend her for rule that was NOT given, as being used, to the student to sign?
This rule is in place. Are you saying that every rule that needs to be followed has to be laid out in that document?
 

Saraaras

Junior Member
And if you had been my child, you wouldn't have been seeing the outside the house or school for a very long time!
Well, I'm not. And I'm not asking for anyones personal opinion, I'm asking about the law. Let me restate the question:

Can I be suspended for a rule that according to the rules that every student and staff member in the school signed and agreed to, does not exist?
I'm looking for facts, not opinions.


Also, please let me say that I do not get in trouble for anything else. I get decent grades, I dont fight, I go to class, I get along with almost all staff members and students, and I do extra community work for the special needs department, and for other staff members. To those who have taken the time to get to know me, I'm known as a good kid who sometimes slips up.
 

Saraaras

Junior Member
This rule is in place. Are you saying that every rule that needs to be followed has to be laid out in that document?
Yes, the school states that those are the school rules, and that by signing the sheet, we are agreeing to abide by those school rules. The rules in the handbook are the rules that the principal uses (I see her flip through our handbook to see what the punishment is for kids all the time)

Also, i forgot to say that last year i told the principal that the rules were wrong in the handbook, and they proceded to print the same copy of rules the next year. they DO know that their rules are screwed up, and still have the students sign and agree to them, without informing us about the fact that theyre bogus.
 
Last edited:

You Are Guilty

Senior Member
Yes, the school states that those are the school rules, and that by signing the sheet, we are agreeing to abide by those school rules. The rules in the handbook are the rules that the principal uses (I see her flip through our handbook to see what the punishment is for kids all the time)

Also, i forgot to say that last year i told the principal that the rules were wrong in the handbook, and they proceded to print the same copy of rules the next year. they DO know that their rules are screwed up, and still have the students sign and agree to them, without informing us about the fact that theyre bogus.
Do the school rules prohibit lighting your math teacher on fire? Peeing in the school lunch?

Not everything that is impermissible is going to be spelled out for you.
 

Saraaras

Junior Member
Then why would it be spelled out in the board of ed's copy? the board of ed has the EXACT same rules as us, exept for the ones that are screwed up. Its spelled out in that copy, not ours. We agreed to the rules that we were given.

No, peeing on a teacher / lighting them on fire or whatever it was that you said is not specifically spelled out in the year book, but harassment/public indecency is. obviously those are much more serious offences which are impossible to include in the hand book.

Those serious offences probably happen once every 10 years or less in the school system at least in my town. Kids smoke off campus every day.
 

You Are Guilty

Senior Member
Even assuming we can come up with some sort of argument why you shouldn't be suspended, are you prepared to file and litigate a lawsuit to compel the school to do it? They're not going to un-suspend you just because a few people on an internet forum say they should.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top