Pubdate: Mon, 15 Oct 2007
Source: Foster's Daily Democrat (NH)
Copyright: 2007 Geo. J. Foster Co.
Contact:  http://www.fosters.com/
Details: http://www.mapinc.org/media/160
Author: Gretyl Macalaster, Democrat Staff Writer
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/find?237 (Drug Dogs)

WHAT RIGHTS DO STUDENTS HAVE DURING SEARCHES?

Portsmouth Forum Explores the Question

PORTSMOUTH --The New Hampshire Civil Liberties Union  held the first
of what they hope will be many forums  across the state Sunday
afternoon addressing student  rights and K-9 drug searches in schools.

Executive Director Claire Ebel said after a search at  Portsmouth High
School last year, where students were  told to put their backpacks in
the hallway so K-9 drug  dogs could search them, she received many
calls from  outraged parents, students and educators about what  they
viewed as a violation of student rights.

This, coupled with what Ebel said were the many school  searches going
on around the state, prompted the NHCLU  board to take on students
rights as a priority.

SAU 21 Superintendent James Gaylord sat on a panel with  Portsmouth
Mayor Steve Marchand and NHCLU Staff  Attorney Barbara Keshen to
address questions and talk  about Winnacunnet High School's approach
to searches,  which differs from searches done at ConVal or
Portsmouth High.

Courts continue to grapple with student rights given  the "special
environment" of schools, Keshen told the  group of about 20 people
gathered in the basement of  the Unitarian Universalist Church on
State Street.

During Winnacunnet's search, only lockers and the  parking lot were
searched, not backpacks, handbags or  students. The K-9's are brought
in by their handlers,  not police. Police do not enter the building
unless  there is a "hit," Gaylord said.

Keshen is currently litigating a case against ConVal  High School for
what she called a "random  suspicious-less search."

Students were separated from their property and  corralled into the
football field, which was gated and  locked. They were kept there for
two hours while  drug-sniffing dogs searched through their belongings.
  If a dog responded to something, the property was  brought into the
principal's office where someone  searched it, Keshen said.

No drugs were found and one family came forward to  fight for their
students' rights.

Ebel said they were not able to find a Portsmouth  family to come
forward after last year's search.

Portsmouth resident Nancy Brown said she spoke with  parents who were
not happy with the search but were  afraid to do anything that would
single their child  out.

Mayor Steve Marchand said he did not receive any calls  or letters
regarding the drug search at Portsmouth  High. He added that he does
get calls from people  concerned about their pets' rights and the
rights of  pet owners, but has never heard from a constituent
concerned about student rights.

"Our hope is that the results of the ConVal search case  are going to
give guidelines for all schools in the  state in terms of what they
may not do," Ebel said.

Portsmouth resident and School Board candidate Rebecca  Emerson said a
balance needs to be struck between  protecting student rights and
keeping schools safe.

Ebel said schools and society are sending the wrong  message with
"illegal" search and seizures.

"We are teaching them that their rights are not  important. If you
teach young people their rights don't  matter, as adults they will
vote as if their rights  don't matter," Ebel said.

The forum was facilitated by Michael Fishbein and Pat  Yosha, chairs
of the NHCLU's education committee. 
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MAP posted-by: Richard Lake