Temporary guardianship of students is very vague and limited when in school. Teachers and staff are not legally allowed to force students to do anything. They may not touch students unless a student is doing harm to others (assault) or preventing students from exiting anywhere (kidnapping).

California education code states: "Collective punishments Article 33. No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited."

Schools are legally allowed to require students to stay after class for detention, although they must give notice and apply reasonable restrictions. If a teacher is simply keeping a student in to help with something or just because the teacher and student have conflict, the teacher is prohibited from keeping the student in without a better reason.

In the end, teachers do not dismiss the students; the bell does. Imagine students taking temporary guardianship of school faculty and staff. Imagine students dictating when teachers may leave for lunch or home. Imagine students overruling teachers’ decisions, deciding what is necessary and required. 

By Pauline Lee

9th Grade / Cerritos High School