Pubdate: Thu, 04 Jan 2007
Source: Daily Herald (Arlington Heights, IL)
Copyright: 2007 The Daily Herald Company
Contact:  http://www.dailyherald.com/
Details: http://www.mapinc.org/media/107
Author: Emily Krone, Daily Herald Staff Writer
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SCHOOLS WOULD SET OWN POLICY ON SEARCHING STUDENTS
UNDER LEGISLATION

A federal bill would require school boards to establish  a policy
allowing teachers to search students they  suspect of carrying drugs
or weapons.

The Student and Teacher Safety Act passed the House on  a voice vote
in the fall, but the American Civil  Liberties Union and National
School Boards Association  oppose the bill, which they say violates
students'  civil rights.

The most vocal critics of the proposal have called it a  "strip search
bill."

Lawmakers say the bill would help protect students and  teachers and
shield staff members who search students  from being sued.

Locally, the issue of what constitutes a legal search  of students
came to the forefront last month when a  Larkin High School parent
claimed staff members there  improperly searched her daughter, whom
they accused of  hiding stolen money.

Elgin Area School District U-46 staff said teachers  followed district
policy, and Elgin police cleared  Larkin of wrongdoing.

District policy allows school officials to search  lockers, desks,
parking lots and other school property  and equipment for illegal
drugs or weapons. Searches  may be general and random, and students
should have no  expectation of privacy in those areas, according to
U-46 policy.

The policy does not specify if or when a staff member  may search a
student, though it does allow staff to  "pursue reasonable and proper
questioning of students  when there is concern regarding safety, or
hazard or  other impropriety."

The federal law would require schools put in place  policies
permitting full-time staff members and  teachers to search students on
school grounds if the  search is done to ensure the school remains
free of  weapons or illegal drugs.

Schools that fail to comply with the law would risk  losing a portion
of their federal funding.

Though the U-46 policy does not specifically reference  student
searches, U-46 Safety Coordinator John  Heiderscheidt said he believes
district policy already  complies with the requirements of the
proposed law.

If the law passed, U-46 would make its policy more  specific, if
necessary, Heiderscheidt said.

Legislators who supported the bill emphasized it does  not dictate
what the policy must entail, thereby giving  schools and states the
freedom to draft their own  language.

But the ACLU has said the proposed law is not specific  enough and
gives school boards too much latitude to  violate students' rights to
privacy and freedom from  unreasonable search and seizures.

In a letter to Congress, the ACLU charged the  legislation would
"further create a jail-like  environment (in schools) by subjecting
students to  searches similar to those that would be conducted in
prisons."

U.S. Rep. Mark Kirk, who co-sponsored the bill, cited  recent cases of
school violence to support its passage.

"I trust the judgment of education professionals who  should have
complete discretion to ensure their  classrooms are drug- and
gun-free," the Highland Park  Republican said in a statement.

The Senate has received a copy of the bill and referred  it to
committee.
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MAP posted-by: Derek