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It is perfectly legal here
By Amanda K.

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In our state (CA), as long as the teacher gives the child time to go the restroom at appropriate intervals (i.e., recess), the child does NOT have to be allowed to go whenever they feel like it. And recess is only required
to be a time to go to the bathroom, not to play, according to CA Ed. Code. So if a child chooses to use their recess/bathroom time during class, the teacher can absolutely make that child stay in class during the normal recess/bathroom time. It's a trade-off, and it's completely up to teacher discretion.

Most of the teachers, particularly the upper grade teachers, in my school don't

allow bathroom privileges outside of recess. I would say that's pretty widespread around our area, based on my substitute teaching days. I do allow bathroom visits during class because first, I teach 6 year olds and making them wait too long is a huge mistake, and second, I don't feel comfortable taking that privilege away.

 


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