Middle School Bathroom Use

Hot button topic here for some here, at least.

Location: Oregon

My kid was written up for going to the bathroom today without permission. I'm all for him having consesquences for legitimate behavioral issues, but this seems like a stretch. Also seems like a risky policy to support in any school district. Basically, the kids are made to gamble for permission to use the bathroom. The teacher has a deck of cards and makes the kids choose a suit. If they're right, they get to go. If not, they can't.

I get that kids will abuse bathroom privileges, but I'd like to focus on the teacher's style of giving permission or not. At a minimum it seems ethically dubious. At most, could it be stepping into legal issue territory. Certainly there's other ways to address this...

I told my son that I support him. If he has to go to the bathroom, then he should go. I will talk to the school if I need to. (I plan to anyway about this specific situation.) I know that parents tend to see their kids through rose colored glasses, but he is objectively a good kid. That said, he does have a personality conflict with the teacher. He thinks the teachers jokes are in poor taste and doesn't like how the teacher treats students when they ask questions.There's some other stuff too, but in general, he certainly doesn't like this teacher, so he could have made the decision to go partially to stand up for what he sees as right vs. wrong.

I'm worried he will see retailiation. The other stuff came to a head just a few weeks ago.

Extra info: My kid has ADD, which can have some consequences with bathroom use. Hyperfocus, avoidance, general executive dysfuntion stuff. I don't know that this is at issue though. I'm not sure he would know if that is impacting him either though. He does have a 504 plan and I intend to have bathroom accomodations added to it.

So, is this a reasonable policy that would withstand legal challenges? Making kids choose a card and hope for permission? Accidents happen! I would rather he get into real trouble than face the social suicide of doing it in the classroom.