Most lawyers believe that schools can at least prohibit the use of mobile phones under certain conditions and circumstances. However, this must be done within an appropriate framework. On the other hand, the ban goes beyond this area and only prohibits the wearing of mobile phones, which is largely considered unacceptable. First, it is generally believed that schools cannot set their own rules at will. You must provide a legal basis for this and observe the principle of proportionality. The school laws of the federal states constitute this foundation, but most of them have only general requirements: schools can stipulate measures to achieve educational and teaching tasks in school regulations. This may include restricting the use of mobile phones. This usually leads to disputes between related employees: cell phone jammer once prohibited the use of cell phones, what happens if they violate the cell phone? Since the prohibition of using mobile phones may also affect the basic rights of students, for example B. Free personal development and property rights must be proportionate. In addition, parents may have legal rights, so parents must also be considered when contacting children via mobile phones. It must be proportional. In addition, parents may have legal rights, so parents must also be considered when contacting children via mobile phones. It must be proportional. In addition, parents can enjoy legal rights,
At present, the obvious trend of lawyers’ control of mobile phone use is almost unrecognizable: for example, the Baden-Württemberg Ministry of Education also believes that it is wise to prohibit mobile phone use during breaks. However, as long as personal regulations can be appropriately formulated according to educational requirements, it depends on the school.
Special circumstances for formal exams: Mobile phones may be prohibited, and formal exams are usually more stringent. Therefore, students are usually required to put their mobile phones on the teacher’s desk or other places, and the mobile phones they carry can be considered counterfeit. It also depends on personal circumstances and detailed regulations of school and examination regulations and federal school laws. For schools, the “primary evidence” may be sufficient to deceive others. This means that schools can try to deceive students whether their behavior exhibits typical characteristics. If the student disagrees, he must prove that his case is atypical-that is,
According to the Karlsruhe Administrative Court’s ruling, it is usually sufficient to carry a mobile phone with you so that the inspection can be classified as “unsatisfactory”. If inspection regulations provide for such consequences for “unauthorized resources”, they apply anyway. In a specific dispute, a student left his mobile phone in his room’s handbag during the oral exam. However, since the school did not clearly point out the ban again before the specific inspection, the subsequent “unsatisfactory” rating for specific circumstances was disproportionate. The school had to change grades again. If there is a mobile phone jammer at this time, you can get the same effect without checking the phone.
Bavaria has a special state law. In 2006, the school banned the use of mobile phones. Unless used for “teaching purposes”, students must turn off their mobile phones “in school buildings”, with an exception for teachers (Article 56 of the Bavarian Education Act). Other federal states have special regulations for schools.