Q: is it illegal for school staff to watch students use the restroom?

A: This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the institution's responsibility to maintain safety and order. Pennsylvania courts have recognized that students have a legitimate expectation of privacy in restrooms, which are considered intimate and private spaces. Any practices that infringe upon this expectation, such as direct observation of students while using restroom facilities, can raise significant legal concerns.

While schools are authorized to implement measures to ensure safety, including preventing activities like vaping, such actions must be reasonable and proportionate. Direct observation, particularly actions like holding doors open, peering over stalls, or otherwise intruding on private activities, may be viewed as an unreasonable and excessive invasion of privacy. Such practices are likely to face scrutiny under legal standards and could be found unconstitutional if they are overly intrusive. In addition to privacy concerns, these practices may also raise issues of sexual harassment.

If you believe that these monitoring practices are excessive and violate your rights, you may want to raise your concerns with the school administration or consult legal counsel to explore possible remedies. In summary, while schools have a duty to ensure safety and discipline, these efforts must be balanced with respect for students’ constitutional privacy rights.