Holding students after the bell is not uncommon, but many students protest it, and there are even questions about its legality. This unique form of discipline makes students late and can adversely affect learning, so is it allowed? Can teachers hold students after the bell?
Teachers can hold students after the bell because of in loco parentis, a law giving them the right to act as a student’s parent while in school. However, the law is unclear on how long a teacher may hold students after class. Disregarding the bell inconveniences students and staff members, so holding students after the bell should not be taken lightly.
Now that we know the basics of if teachers can keep students after class, we can examine this question in more detail. We’ll begin by looking at in loco parentis and how it applies before moving on to arguments for and against holding learners after the bell.
What Is In Loco Parentis?
According to the Legal Dictionary, in loco parentis refers to situations when an adult must take on the role of a child’s parent without legally adopting the child. It is a Latin phrase that literally translates to ‘in place of a parent.’
The education system is a primary example of when in loco parentis can be implemented since teachers act as a child’s parents while that student is in school. This concept gives teachers the authority to protect, guide, and “discipline” children. Without it, the child would remain in their parent’s custody and wouldn’t have to obey their teachers.
This doesn’t mean parents relinquish full responsibility for their children and share that burden of care with the school administration. Simply, in loco parentis becomes an agreement between parents and teachers, letting the latter look out for students’ best interest.
In loco parentis covers everything from injuries to natural disasters. The 2019 Cleveland floods are a good example of this doctrine in practice. During the floods, officials at Southside Elementary School kept over 800 students overnight to protect them from dangerous conditions. Together with a local hospital, the teachers provided the students with blankets and warm meals.
While protection is a crucial aspect of in loco parentis, it isn’t the only aspect of this law. In loco parentis applies to discipline too.
Although the details of in loco parentis vary across states, we can still see some similarities that will help us understand why this law applies to holding pupils after the bell.
For instance, California state law (§ 48907) lets school authorities use the same physical control over children as parents can legally apply. Not only that, but educators also have immunity from prosecution while doing so.
This doctrine has limits, though. Corporal punishment is still illegal nationwide, as are cruel and unjust punishments. Therefore, we can expect teachers to reprimand students according to school district guidelines.
These punishments may include, but are not limited to, detention, suspension, and expulsion.
Therefore, according to in loco parentis, teachers may hold students after the bell. These children are still in the teacher’s custody until they return to their parents. And while students won’t appreciate their time being wasted, it isn’t deemed a cruel or unjust punishment.
Is Keeping Students After The Bell Illegal?
No law prohibits a teacher or school from keeping students after classes are over. As we learned above, in loco parentis can be used to justify the action.
While some students might cite Article 33 of the Fourth Geneva Convention, doing so is in vain. Article 33 states that authorities cannot punish individuals for crimes they didn’t personally commit. But this regulation was put forward to protect civilians during wartime, not to save students from collective reprimand at the hands of teachers.
However, school officials can’t physically restrain students outside of life-threatening situations, like if a student is having a seizure or there is an active shooter. A student deciding to leave class is deemed as noncompliant behavior, but it isn’t an emergency, so physical restraint cannot be used by any staff member.
So, legally speaking, students are permitted to leave the classroom after the bell, and their teachers cannot physically stop them. There are several reasons a student would want to leave the classroom, and not all relate to disobedience or a lack of interest in the class.
A learner could need the bathroom, eat lunch, or seek medical attention. Teachers can’t stop a child from leaving the classroom for these reasons since it is the child’s right to do so, and preventing them from accessing these necessities can be regarded as child abuse.
Reasons related to religious practices are also a common excuse to leave the classroom. However, FindLaw explains that students should only participate in religious activities outside lesson time. They are not entitled to leave class early because of their religious obligations.
Outside of these occasions, a child could face disciplinary action for leaving the classroom, even after the bell. The teacher retains their right to act as in loco parentis and can discipline children accordingly. Just because it isn’t illegal for a child to leave the classroom doesn’t mean that the school administration still can’t enforce its disciplinary code.
When a teacher wants to keep students after the bell, they must consider if doing so is appropriate or effective. As we’ll see below, there are many disadvantages to keeping students after class has ended.
The time a teacher holds the students is, therefore, critical. There’s a significant difference between keeping students for a few minutes as opposed to an hour or beyond.
Although there isn’t a clear law determining how long teachers can punish students in this way, keeping students for a considerable amount of time isn’t appropriate. Likewise, school administrations might have regulations against this practice.
What Does The School Bell Mean?
Another aspect of this question is what the school bell means. While many people might think that it only signals the end of a lesson, the truth isn’t that simple.
The school bell signals the end of a classroom session, but that doesn’t mean the lesson is over. Instead, it is up to the teacher’s discretion when class ends. Thanks to this rule, we have the famous phrase, ‘the bell doesn’t dismiss you; I do.’
This regulation also lets educators know when to wrap up lessons. As much as teachers endeavor to fit the learning within the allocated time, doing so is not an exact science. Depending on the students and the lesson content, a lesson may sometimes run over by a few minutes.
In essence, ringing the bell is a guideline for classroom sessions and the breaks between them. It helps organize foot traffic and prevents lateness, but it does not absolutely end a lesson.
Not only that, but some schools ring the bell more than once in between lessons. Doing so accounts for the transition time when students travel from one class to the next. In that case, the administration could ring the bell at the end of the session and then ring it again five minutes later at the start of the next session.
For schools with this structure, it is clear that a teacher keeping students after the first bell won’t be particularly disruptive.
Why Keep Students After The Bell?
Discipline comes to mind as the first reason that a teacher would hold their students after the bell. It’s comparable to detention because this practice keeps students in place, with the aim being that they reflect on their actions. However, since detention already exists, this is a redundant practice.
So, what are good reasons to keep students after the bell?
To Complete the Lesson
For whatever reason, their task has gone over the classroom session’s allotted time. However, the work is essential, and it wouldn’t be feasible to teach the remaining content in the next lesson.
In that case, the educator might hold their class after the bell to teach them the remainder of the lesson. As lesson plans map to classroom sessions, this practice shouldn’t take longer than a few minutes unless the teacher is seriously behind.
To Share Important Information
A teacher might also need to give important announcements after teaching, like explaining the homework or discussing upcoming school events.
Instead of distracting their students by bringing this information up during the class, a teacher can discuss it after the lesson.
To Provide Additional Support to Individual Students
Teachers don’t need to hold the entire class, either. Sometimes, they only need the attention of a few students and don’t want to penalize the rest.
Suppose a student is struggling with a specific class. In that case, the teacher could hold them after the bell to privately discuss ways to help them. Academics are sensitive, and students wouldn’t want a teacher discussing their grades in public, so a private discussion is a more considerate approach.
As a Consequence of Not Following Classroom Expectations
A teacher could hold students after the bell as a form of discipline. If particular students are disrespectful or refuse to listen, the teacher might want to discuss their conduct and remind them of the classroom expectations.
Just a few minutes after the bell could prove helpful for students to reflect on their behavior and the impact it has on them and others.
Again, there is no need to have this conversation in front of their peers, so after class is a suitable time.
In the Event of an Emergency
Last, a teacher can hold their students after the bell if there’s a dangerous situation. For instance, if there is an intruder and the teacher believes it is safer to remain in class than to allow students to leave.
In such severe cases, teachers can even use physical force to prevent students from leaving if it is intended to keep students safe.
These examples show that holding students after class can be a productive tool in a teacher’s toolkit. However, it cannot become a common practice, as we will see why in the reasons given below.
Downsides To Keeping Students After The Bell
Can Cause Disruption to Learning
Holding students after the bell can make students late for other classes or activities. Even if we suppose a gap between the bell ringing to end one session and another beginning, that time is not free. Students must travel between classrooms during that period.
On an expansive campus, there can be significant distances between classes, and every minute spent walking between them counts. So, if teachers hold their students back, they risk making them late for their next subject or extracurricular activity.
Students could also need to fetch books or stationery from their locker between classes or change into their PT uniforms. A teacher cutting down on a child’s time for these tasks means they could arrive unequipped at their next lesson.
Similarly, late arrivals disrupt ongoing classes. That’s especially true given the country’s tragic surge of school shootings. As a safety precaution, many classroom doors are now locked during classes. A teacher must unlock the door whenever students arrive late or have them miss the subject entirely. Neither option is ideal, and both harm the educational process.
Likewise, this lateness can cause a vicious circle. If students are late to their following class, they risk punishment for that, too.
Holding children after the bell could also cause them to miss their lunch break.
Puts More Pressure on Teachers’ Schedules
Lateness also disrupts a teacher’s schedule. If they can’t be confident that their students will arrive punctually, they cannot begin their lesson on time.
Teachers already complain about a heavy workload and high-pressure working conditions, so disciplining students by holding them back after the bell is unlikely to be the best use of their limited time.
This punishment could prevent teachers from taking breaks or preparing for upcoming lessons.
Can Impact After-School Routines
Teachers who hold the class after the school day ends risk angering parents. Therefore, it is recommended to notify parents at least before keeping students behind.
If a teacher holds students after the school day ends, then those children could also risk missing their bus.
Not only is that highly disruptive to the student’s plans and a great source of stress, but it interferes with home life, too, because not all children have parents who can afford to immediately fetch their children from school if they miss the bus.
Holding children after the final bell also impacts their ability to fulfill other obligations, like homework or sport. If they have chores at home, those would also be affected.
Therefore, we can see that holding students after class has many disadvantages. A teacher who wants to do so should think if it is the best course of action.
Conclusion
To conclude, teachers are permitted to hold students after the bell. While students are at school, the teacher acts in loco parentis, meaning that they fulfill the role of the child’s parent.
Teachers cannot physically prevent students from leaving class, but if the teacher follows the school’s guidelines, students can face further consequences for not complying with school officials.
However, keeping students after the bell disrupts the school schedule and can have an adverse effect on learning. Consequently, it is advised that teachers use discretion when holding students after the bell.
Sources
- New Idea Magazine: Is It Illegal To Keep Students After The Bell?
- Kentucky Public Charter Schools Association: How Long Can A Teacher Keep You After School? (Perfect answer)
- Own Your Own Future: Is It Illegal to Keep Students After School?
- PriorityLearn: Are Teachers Allowed To Keep You After The Bell
- Child Welfare Information Gateway: Definitions of Child Abuse & Neglect
- IHL Treaties: Geneva Convention (IV) on Civilians, 1949 – Article 33
- FindLaw: Is It Legal to Keep Students in Class After the Bell Rings?
- FindLaw: Religious Accommodation for Students
- Mama Manages: Can Teachers Keep You After The Bell? (Plus, 4 Solid Reasons Why It Matters)
- Student Assembly: Is It Illegal to Hold Students After the Bell?
- U.S. Education Law: In Loco Parentis
- TeacherToolkit: The School Bell: A Necessary Evil?
- National Education Policy Center: Hack Education: The History of the School Bell
- YouTube: High School Classroom Bell-Ringers, Lesson Ideas for Teachers, Start Strong Each Class Period
- Legal Dictionary: In Loco Parentis – Definition, Examples, Requirements
