Most lawyers believe that schools can at least prohibit the use of cell phones under certain conditions and circumstances. However, this must be done within an appropriate framework. On the other hand, a ban that goes beyond this scope and prohibits the wearing of cell phones only is largely viewed as unacceptable. First of all, it is widely believed that schools cannot make their own rules at will. You must provide a legal basis for this and follow the principle of proportionality. The school laws of the federal states form this basis, but most of them only have general requirements: the schools can specify measures for the fulfillment of educational and teaching tasks in the school regulations. This can also include restricting cell phone use. This is a common quarrel between related employees: To what extent can a cell phone signal jammer be used to ban cell phones, and what happens if it is violated? Since the ban on the use of mobile phones can also affect the basic rights of students, such as B. Free personal development and property rights, it must be proportionate. In addition, parents may have legal rights so that they must also be taken into account when contacting their children via mobile phones. It has to be proportional. In addition, parents may have legal rights so that they must also be taken into account when contacting their children via mobile phones. It has to be proportional. In addition, parents can have legitimate rights and interests, so that interest must also be taken into account when contacting their children via mobile phones.
At the moment, the obvious trend towards the lawyers’ control over the use of mobile phones is barely discernible: For example, the Baden-Württemberg Ministry of Education considers it sensible to ban the use of mobile phones during breaks. However, as long as individual regulations can be formulated appropriately according to educational requirements, this depends on the school.
Special Circumstances for Formal Exams: Wearing cell phones may be prohibited and formal exams are usually more stringent. For this reason, students are usually required to leave their cell phones at the teacher’s desk or elsewhere, and the cell phones they carry can be viewed as a sham. This also depends on the personal circumstances and the detailed provisions of the school and examination regulations as well as the federal school laws. For schools, “primary evidence” may be enough to deceive others. This means that the school can try to deceive if the student’s behavior shows typical characteristics. If the student does not agree, he has to prove that his case is atypical – that is, even if the case appears to be true, he has not deceived.
According to a ruling by the Karlsruhe Administrative Court, it is generally sufficient to have a mobile phone with you so that the inspection can be classified as “unsatisfactory”. If the inspection regulations provide for such consequences for “unauthorized aids”, they apply in any case. In one specific dispute, a student left his cell phone in his room handbag during an oral exam. However, since the school did not clearly indicate the prohibition again prior to the specific inspection, the subsequent rating of “unsatisfactory” for the specific situation was disproportionate. The school had to change the grades again. If there was a cell phone jammer at that point, we could get the same effect without checking the cell phone.
Bavaria has a special state law. In 2006 the school banned the use of cell phones. Pupils must switch off their cell phones “in school buildings” unless they are used “for teaching purposes”, the teacher makes an exception (Article 56 of the Bavarian Education Act). Other federal states have special regulations for schools.