Pubdate: Thu, 16 Aug 2001
Source: Herald-Palladium, The (MI)
Copyright: 2001 The Herald-Palladium
Contact:  http://www.heraldpalladium.com/
Details: http://www.mapinc.org/media/1378
Bookmark: http://www.mapinc.org/youth.htm (Youth)

CAUTION NEEDED IN COLOMA

Privacy rights vs. law and order: It's an issue that is bound to grow in 
importance and visibility as society and technology continue changing at a 
rapid pace.

This somewhat abstract issue has become tangible in Coloma, where a new 
districtwide school policy has rekindled the debate over students' rights 
vs. a district's understandable desire to keep its schools free of trouble.

The policy, approved this week by the school board, gives school officials 
broad leeway to search around student vehicles when they are parked on 
school grounds. If drugs or some other banned item is suspected, students 
will be asked to open the vehicle for further search. Should students 
object, contacting their parents and then the authorities would be the next 
steps.

Superintendent David DeFields said the policy was prompted by a desire to 
extend to the parking lot what the district already does inside its school 
buildings.

Coloma (along with many other schools nationwide) has taken its cue from 
the U.S. Supreme Court, which in 1985 ruled that school officials can apply 
a "reasonable cause" standard when searching for illegal drugs, weapons or 
other contraband that may be concealed on a student's person, or in a 
locker or automobile. The reasonable cause standard is lower than in law 
enforcement.

Still, Coloma and other districts considering similar policies must be 
careful not to trample of what limited rights students have on school 
grounds. A policy that fails to respect basic student rights and the 
presumption of innocence would promote an environment of distrust and 
perhaps even fear at school, which above all should remain a place 
conducive to learning and expression. The Coloma policy seems to be 
fashioned out of good intentions, but how it is carried out will be key.

We'd hate to see misunderstandings and pranks blown out of proportion, to 
the extent that students are presumed guilty of crimes or policy offenses 
when, in fact, a reasonable explanation may be forthcoming.

For example, what if during a routine parking lot patrol a student's car is 
found to have several empty beer cans rolling around on the back 
floorboard? Is this a red flag and a potential indicator that a student has 
been drinking in the parking lot? Sure. But there is another possibility. 
Perhaps, on the way to the store to return the cans, the student's parent 
or guardian carelessly allowed some cans to get loose. DeFields said the 
district will handle each incident case by case, with a keen eye toward 
fairness.

Other "contraband" - perhaps something as innocuous as a kitchen knife - 
might also innocently find its way into a student's vehicle. Coloma school 
board members and administrators must make sure to maintain discretion in 
district policies when determining whether a threat to others truly exists. 
Too often in recent years school officials across the nation, acting in the 
name of safety, have overreacted under the cover of poorly conceived "zero 
tolerance" policies.

Ultimately we agree with Coloma officials that providing a safe, drug- free 
environment is vital. The trick is to meet this goal while respecting 
student rights, and without fostering an environment where suspicion and 
distrust detract from the educational environment.
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MAP posted-by: Terry Liittschwager