Activity Code Jurisdiction?

[Noesis225]

What is the name of your state (only U.S. law)? Iowa

I live in a district where the high school has an activity code that disallows the use of alcohol, tobacco, or drugs in all places at all times, even in countries where such usage might be legal.

I am a parent (and a teacher at the school) who would eventually like to take my sons to Europe and allow them to drink wine, even before they're 21.

Is there any good legal precedent for challening such an activity code?

Here is the exact wording of the code (without naming the district):

"The Board of Education affirms its district's support of student responsibility and discipline policies, affirms its intent to support staff who enforce these policies and affirms its intent to hold staff accountable for implementing these policies.

A Student Activity Conduct Code outlines further expectations for those who participate in activities.Participation in an activity program is a privilege granted to students displaying the interest and talent the activity requires. These students serve as representatives of our district to their peers, to the public within our district, and to other school districts. Because of the responsibility inherent in representing the district, a higher level of conduct is demanded of those students than is expected of the general student population.

It should be clearly understood that students who participate in activities may not use alcohol, tobacco, or controlled substances at any time in any location to remain eligible. This policy applies in all countries and locations throughout the world (including international waters), regardless of whether the possession or use of alcohol by a student is legal or not prohibited by law in the location where it is possessed or used.

-Noesis225

 

[Humusluvr]

So, I would argue that this is a good time to ask your son which means more to him, drinking wine and possibly being denied activities at the school, or just not doing it til he's of age.

You could also argue that you are allowing your son, as his parent, the opportunity to partake in a foreign country where it is legal, and it is none of the school's beezwax. If the school were to obtain, say, a photo of you and your son sitting in a cafe, enjoying a glass of wine - who cares? Legal.

But if there are drunken tales, debotchery, or lewd photos, prepare for your son to feel the consequences of his actions.

In my parental and teacherly opinion - don't risk it.

In my legal opinion - you could fight it, but it might cost you $ of a lawyer and a ton of hassle, and put your son back, and question your professionalism.

Your decision. The code is what it is.

 

[Noesis225]

So, I would argue that this is a good time to ask your son which means more to him, drinking wine and possibly being denied activities at the school, or just not doing it til he's of age.

You could also argue that you are allowing your son, as his parent, the opportunity to partake in a foreign country where it is legal, and it is none of the school's beezwax. If the school were to obtain, say, a photo of you and your son sitting in a cafe, enjoying a glass of wine - who cares? Legal.

But if there are drunken tales, debotchery, or lewd photos, prepare for your son to feel the consequences of his actions.

In my parental and teacherly opinion - don't risk it.

In my legal opinion - you could fight it, but it might cost you $ of a lawyer and a ton of hassle, and put your son back, and question your professionalism.

Your decision. The code is what it is.

I appreciate your comments and practical advice. Thank you!

But I'm looking for past legal precedent and/or a legal opinion. Is it within the school's legal authority to disallow students from activities when they have done nothing wrong and nothing illegal. How would this be approached from a legal perspective?

 

[Humusluvr]

I appreciate your comments and practical advice. Thank you!

But I'm looking for past legal precedent and/or a legal opinion. Is it within the school's legal authority to disallow students from activities when they have done nothing wrong and nothing illegal. How would this be approached from a legal perspective?

I was the administrator of a school in Texas, and if I were to read the code, and then I had a picture of your son drinking, or some other credible story, I would apply the consequences in the code. If a parent tried to challenge the code, I would enlist the school's legal council to back me up. The code is the code, and the child either abides by it or doesn't and faces the stated consequences.

Part of my Master's program was educational law, and what they always told us was follow the Student Code of Conduct to the letter.

 

[frylover]

I'm just curious if this is a public or private school? (I'm guessing public since I don't often hear the word "district" applied to private schools). My daughter's Catholic school has a similar policy.


Humusluvr, couldn't it be argued by the school that she clearly knew about the policy and and that she agreed to it when she placed her son in activities. It's not like they are throwing him out of school They are setting guidelines for participating in optional activities in which studeents are free not to participate if they do not want to do by the guidelines.

 

[Humusluvr]

I'm just curious if this is a public or private school? (I'm guessing public since I don't often hear the word "district" applied to private schools). My daughter's Catholic school has a similar policy.


Humusluvr, couldn't it be argued by the school that she clearly knew about the policy and and that she agreed to it when she placed her son in activities. It's not like they are throwing him out of school They are setting guidelines for participating in optional activities in which studeents are free not to participate if they do not want to do by the guidelines.

That is exactly how I would present the case if it were brought to me, as an administrator. I'm pretty sure the parents signed something that their kid would abide by the Code of Conduct, and this kid chose to disregard the rules. Whether it was legal or not, the code says no drinking, and he is brazenly disregarding the rules. I would say that this kid OBVIOUSLY decided that drinking wine was "cooler" than being in sports or band or afterschool activities. Life is about choices, and ultimately the school could back up denying him being allowed to participate.

Schools don't just willy-nilly make up rules either. They run the Code of Conduct past their lawyers, so they know whether they can enforce the rules or not. I'm pretty certain they could deny this kid's participation, and no court would say, "No, even though your Code, which mom signed and is bound by her teacher contract to follow, and we know her kid was drinking, we'll still let the kid play just because he's whining that drinking is legal in Europe." Though, drinking is only legal for 18 and over, so the son must be a senior and is being denied his senior year of football, so mom is embarrassed and wants to find a way around the rule. Could be entirely different, but I'm just guessing...