Most lawyers believe that schools can at least prohibit the use of mobile phones under certain conditions and under certain circumstances. However, this must be done within a reasonable framework. On the other hand, a ban that goes beyond this range and prohibits the carrying of only mobile phones is considered to a large extent unacceptable.
First of all, it is generally believed that schools are not allowed to set their own rules at will.You need to provide a legal basis for this and must follow the principle of proportionality.
The school laws of the federal states constitute this basis, but most of them only put forward general requirements: schools can stipulate measures to complete education and teaching tasks in school regulations.
This may also include restricting cell phone use. This is where disputes often occur between related personnel: to what extent can cell phone jammer be used to ban cell phones, and what happens in the event of violations?
- Since the prohibition of mobile phone use may also affect the basic rights of students, such as free personal development and property rights, it must be proportionate.
- In addition, parents may have legal rights, so they must also be taken into consideration when contacting their children via mobile phones.
- It must be proportional. In addition, parents may have legal rights, so they must also be taken into consideration when contacting their children via mobile phones.
It must be proportional. In addition, parents may have legitimate rights and interests, so this interest must also be considered when contacting their children via mobile phones.
At present, it is almost impossible to see the obvious trend of lawyers' control over the use of mobile phones: For example, the Ministry of Education in Baden-Württemberg also believes that it is reasonable to prohibit the use of mobile phones during breaks using mobile phone jammers. However, as long as individual regulations can be reasonably formulated according to educational requirements, it depends on the school.
Special circumstances for formal examinations: carrying mobile phones may have been banned, and formal examinations usually have stricter regulations. For this reason, it is usually stipulated that students must leave their mobile phones in the teacher’s desk or other places, and the mobile phones carried with them can be regarded as deceptions. Here, it also depends on personal circumstances and the detailed provisions of school and examination regulations and federal state school laws. For schools, “primary evidence” may be sufficient to deceive others. This means that if the student’s behavior shows typical characteristics, the school may try to deceive. If the student disagrees, he must prove that his case is atypical-that is, even if the case seems to be true, he did not deceive.
- According to a ruling of the Karlsruhe Administrative Court, in principle, it is sufficient to carry a mobile phone with you, so that the inspection can be rated as “unsatisfactory”.
- If inspection regulations provide for such consequences for "unauthorized aids", they shall apply in any case.
- In a particular dispute, a student left his mobile phone in his room's handbag during an oral examination.
- However, because the school did not clearly point out the ban again before the specific inspection, the subsequent assessment of “unsatisfactory” for the specific situation was disproportionate.
The school had to change the grades again. If there was a mobile phone jammer at the time, we could achieve the same effect without checking the mobile phone.
Bavaria has a special state law. In 2006, the school banned the use of mobile phones. Students must turn off their mobile phones "in school buildings and school premises", unless they are used "for teaching purposes", the teacher makes an exception (Article 56 of the Bavarian Education Act). Other federal states have specific regulations for schools.
Carrying a mobile phone during an exam may be considered cheating and the school may take appropriate disciplinary action.
Regulation of mobile phone use in schools involves complex legal considerations, requiring schools to balance educational goals, student rights and practical enforcement measures. Mobile phone jammers may provide a potential solution for managing mobile phone use, but their use must comply with legal principles and respect the rights of students and parents.
