...and I thought I had rights so why don't you need a warrant for that?
pO157.
Posted to Politics on Tue Oct 10, 2006 at 07:11:17 AM EST. RSS.
On Sept. 20, the House passed (by voice vote) HR 5295 (pdf), or the The Student Teacher Safety Act of 2006 mandating that school districts spell out policies to enable searches (pat-downs, strip, etc) of students by school staff without warrants or, theoretically, parental notification.
The legislation's sponsor, Rep. Davis (R-KY) states that the bill is nessecary because teachers "want to search the book bags, and the policies are not clear." The bill is designed to allow administrators to set their own policies, and theoretically could be used to allow staff to search students, or even large groups, with little to no evidence on baseless pretexts while granting them full immunity against legal action brought by the student or family. Previously the Supreme Court held that schools do not need warrants only as long as there is a great deal of reasonable belief that a search will reveal illegal contraband/dangerous items.
This bill has angered certain groups including: Drug Policy Alliance, Students for Sensible Drug Policy, the ACLU, the American Federation of Teachers, the National Parent Teacher Association, the American Association of School Administrators, and the National School Boards Association.
Critics fear this law could be used as pretext by administrators to fuel another incident similar to the one at Goose Creek where large students were forced to the ground by SWAT teams and handcuffed while forcibly searched for contraband. This comes at a time when less newsworthy items such as these where students are forced to submit to metal detectors and personal searches as they enter school are becoming more common.
Do school administrators have a right to conduct warrantless searches of students? What grounds should they need to do so? What recourse, if any, should students and the public have?
edited by Port1080
edited by Ace
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