Legal Question in Civil Rights Law in South Carolina

ability of schools to limit the number of times children can use bathroom

Do schools (elementary, middle and high) have the legal right to limit a child's use of the bathroom? Specifically my daughters have been told they are only allowed to ask to use the bathroom 1 time per week in a class. Accordingly, if a child asks to use the bathroom on Monday and then on Wednesday needs to use the bathroom again (for any reason whatsoever) the request would be denied since the weekly bathroom ''privilege'' would have already been used Monday. In some classes, the students have been told if they have a medical condition, they must submit a written explanation of the situation at least 24 hours in advance. In HR law, I know there is case law concerning assembly line workers being restricted in their use of the bathroom. This law cites urinary and bladder problems as a result of this restriction. We are talking about minor children with immature urinary tract systems and adolescent females entering puberty! Can this possibly be legal from a civil rights or even human rights standpoint?


Asked on 8/21/01, 9:06 pm

1 Answer from Attorneys
Charles Griffin Law Offices of The Griffin Firm, LLC

Re: ability of schools to limit the number of times children can use bathroom

I can see that excessive requests to go to the restroom could disrupt a class, but an unduly restrictive policy regarding restroom use could jeopardize health and safety. I would consult your doctor regarding the health consequences, and if he agrees with you, then the school policy would most likely be in violation of and prohibited by Title 42 USC 1942 (Violation of Civil Rights Under Color of State Law). I assume this is a public school. Private schools are not necessarily subject to the civil rights statutes.

There are cases being litigated now regarding drug testing of students in public schools and the issues involved are whether or not such drug tests violate the students' civil rights (Fourth Amendment, etc.)

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Answered on 8/26/01, 10:17 pm


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