HAWAII SCHOOL BOARD FAVORS LOCKER SEARCHES

The state Board of Education last night moved a step closer toward
approving a controversial proposal to allow suspicionless searches of
student lockers on public school campuses solely at the discretion of
principals and school administrators.

The board voted 11-1 to allow locker searches "with or without cause,"
but added a clause that said searches may not be discriminatory.

The policy would take effect following public hearings and a final
board vote and if approved by Gov. Linda Lingle.

Last night's decision at the board's meeting on Moloka'i reversed an
earlier decision by a board committee to allow searches of student
lockers only if there is suspicion of contraband, such as weapons or
drugs.

Meanwhile, as a part of the same vote, the board approved the presence
of drug-sniffing dogs on school campuses as a way to detect and deter
illegal drugs.

The decision was part of the board's approval of sweeping revisions to
Chapter 19, the state law governing student conduct and discipline.
The board wrestled for months mainly over a small section of the
statute that outlines policy on search and seizures.

Last night the board amended the policy to state that locker searches
would be allowed "anytime with or without cause, provided that such a
search is not because of the student's race, color, national origin,
ancestry, sex (including gender identity and expression), religion,
disability or sexual orientation."

The lone "no" vote was cast by board member Kim Coco Iwamoto. Board
member Cec Heftel did not attend the meeting.

Over the past several months, board members were split between those
who supported widening the search and seizure powers of school
administrators and those who were worried about infringing upon
student privacy rights.

"I think we all don't want drugs on campus, but we're divided about
how we should go about doing it," said board Chairwoman Karen Knudsen,
who had reservations about suspicionless locker searches.

Last month, during a meeting of the special programs committee,
Knudsen proposed removing the "without reason or cause" language from
the policy in order to preserve student privacy rights. Her motion was
supported in committee in a 5-4 vote.

"I didn't like 'without cause' and what that would imply," Knudsen
said. "I think there are deep philosophical differences on this issue."

The disciplinary code already allows principals to search lockers if
they suspect the health and safety of students are in danger. However,
some board officials said the widened searches would give principals
the authority they need to keep drugs and weapons out of schools.

Opponents, including the American Civil Liberties Union of Hawai'i,
argued the proposed rules would be an undue intrusion on student privacy.

Board of Education member Mary Cochran, the most vocal supporter of
the drug-detection canines and locker searches, said the board has
been advised by the state attorney general's office to approve the
"without reason or cause" searches of lockers.

"It's nice to talk about privacy rights and suspicion, but the reality
is, when you get to campuses and talk to kids and principals, drugs
are there," Cochran said.

Cochran admitted that the board has been warned by the ACLU and other
legal experts that approval of the suspicionless locker searches could
be an invitation for lawsuits.

"We probably will be tested, but with the advice of counsel - the
attorney general's office, actually - they say it is defendable. They
are ready to defend that language," she said.

Board members are generally united on the presence of drug-sniffing
dogs on school campuses.

In fact, earlier this year, three Maui district schools - Lahainaluna
High School, Lahaina Intermediate School and Lana'i High & Elementary
School - participated in a pilot program in which specially trained
dogs were used to detect drugs, alcohol and guns.

Two O'ahu private schools, Saint Louis and Academy of the Pacific,
have also used drug-sniffing dogs for several years.

Whitney White, owner of Interquest Detection Canines of Hawaii, the
private company that conducted the dog searches as a part of the pilot
project, has appeared several times before board members to urge her
support of the dog proposal.

The board recently, as a part of its fiscal year 2008-2009
supplemental budget, requested $300,000 from the state Legislature to
fund a "drug prevention program utilizing drug-sniffing dogs."