What are the rules in Germany on students having phones at school?
In Baden-Württemberg the state minister of education, Theresa Schopper (Greens), said she wants to restrict the private use of mobile phones at schools.
She plans to introduce a new regulation with clear guidelines for the use of smartphones in schools in the south-western state.
"I am concerned with the protection of our children and young people," Schopper told DPA.
The negative influences of smartphones, especially for young people, have been sufficiently documented.
As examples, Schopper cited consequences for the ability to concentrate, the ability to learn and mental health.
Social media use has also been linked to self-esteem issues and depression in young people, and can create spaces for cyberbullying and promote loneliness.
Schopper says the common goal must be that children and young people are not constantly bombarded with distracting content: "That's why we need clear, age-appropriate regulations at our schools that are widely accepted."
What are the rules on phone use in schools in Germany?
Germany doesn't have any federal regulations pertaining to smartphone use by students in schools, so current rules vary from state to state.
So far in Baden-Württemberg schools have been able to determine their own rules on around the use of mobile phones. The education minister would like to create a state-wide minimum set of regulations, with the goal of increasing protections for young people, but she has yet to clarify what that regulation would look like.
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According to information shared on the German Bar Association's
website
, a general ban on phones for students is not planned in any federal state.
A blanket phone ban would also be difficult to maintain legally, according to Dr. Matthias Ruckdäschel, a lawyer from the German Bar Association, "There can always be situations that justify the use of mobile phones."
For instance many students need to use them to communicate with parents and caretakers after school.
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But some states have introduced pretty strict policies on phone use at school. For example, a Bavarian law says that "mobile phones and other digital storage media" must be switched off on school grounds. So pupils can bring mobile phones with them, but must keep them turned off throughout the entire school day while on campus.
Of course the use of phones during class time is prohibited in most schools regardless of state rules. Also, any use of phones during tests or exams can be considered an attempt to cheat, and this has been legally confirmed in a prior court case.
Can teachers confiscate students' cell phones?
School laws in German states often do allow teachers to take students' phones away when they violate class or school rules.
Teachers are not, however, allowed to check students' phones, for example to see what they are looking at or look at any of their personal data.
Rules on how long a teacher can keep a confiscated phone are not entirely clear. For example, the Bavarian law says devices can be retained "temporarily".
Generally, one might expect that a phone confiscated for use during class would be returned by the end of the school day, but this has yet to be confirmed in a legal dispute.
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Photos and videos can only be taken with consent
Students need to be cautious about taking pictures or videos of people at school, including their teachers or classmates.
In Germany, taking pictures of people without permission is seen as a violation of their rights.
If a student filmed their teacher without permission, the teacher may demand that the footage be deleted. If it was posted online, they could take legal action.
In one case from North Rhine-Westphalia, it was confirmed that a student could be transferred to another class after they posted a video of their teacher on Facebook.
READ ALSO:
Six surprising facts about Germany's school system
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