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, outside the scope of the ban, the ban on wearing only mobile phones 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 also include restricting cell phone use. This is a frequent quarrel between related employees: to what extent can a cell phone jammer be used to prohibit the use of mobile phones, and what happens if it is disturbed? Since the prohibition of using mobile phones will 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 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, so they must also consider their interests when contacting their children via mobile phones.
At present, there is almost no obvious trend for lawyers to control the use of mobile phones: for example, the Baden-Württemberg Ministry of Education believes that the use of mobile phones during breaks is justified. However, as long as personal regulations can be appropriately formulated according to educational requirements, it depends on the school.
Special circumstances of formal exams: Mobile phones may be prohibited, and formal exams are usually more stringent. Therefore, students are usually required to leave their mobile phones in the teacher’s desk or other places, and the mobile phones carried with them can be regarded as 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 has typical characteristics. If the student disagrees, he must prove that his case is atypical-that is, even if the case seems correct, he will not be deceived.
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 the inspection rules provide for such consequences for "unauthorized aids", they apply anyway. In a specific dispute, a student left his mobile phone in his room's handbag during the oral exam. However, because the school did not explicitly state the prohibition again before the specific inspection, the subsequent "unsatisfactory" level was out of proportion to the specific situation. 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 the school building", with an exception for teachers (Article 56 of the Bavarian Education Act). Other federal states have special regulations for schools.