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News (Media Awareness Project) - US HI: Locker-Search Plan Goes To Hawaii Board
Title:US HI: Locker-Search Plan Goes To Hawaii Board
Published On:2007-10-03
Source:Honolulu Advertiser (HI)
Fetched On:2008-08-16 16:25:58
LOCKER-SEARCH PLAN GOES TO HAWAII BOARD

A controversial proposal to allow locker searches solely at the
discretion of principals, and the use of drug-sniffing dogs on school
campuses statewide, will face a key vote tomorrow.

The Board of Education will decide whether principals should have the
authority to search student lockers and conduct drug searches with
dogs even if they don't have evidence that a student has contraband.

Board officials who support the plan say 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,
argue the proposed rules would be an undue intrusion on student privacy.

Valerie Sonoda, president of the Hawai'i State Parent Teacher Student
Association, said her organization backs the use of drug-sniffing
dogs on campus, but has not weighed in on the locker search issue.

However, "we support any type of initiative that helps to deter
illegal substances in the schools," Sonoda said.

Sonoda, who testified on drug-sniffing dogs at a hearing before a
board committee last month, said she became concerned about the
presence of drugs on campus following several cases of teachers
allegedly being caught with drugs.

Her group, which represents thousands of parents, teachers and
students statewide, has expressed support for the use of
drug-detection canines as a way to deter use on school campuses.

The state PTSA is not likely to express an official opinion about
locker searches, she said.

The ACLU, which opposes locker searches without cause, said the
current rules already allow principals to conduct searches if they
suspect contraband or wrongdoing.

The rules allow officials to search lockers "only when the health or
safety of a person or persons would be endangered if a search or
seizure is not carried out."

CONCERN FOR RIGHTS

The ACLU has said that unlimited locker searches and dog sniffs would
infringe on privacy and individual rights.

Board of Education member Mary Cochran, whose committee last month
gave preliminary approval to the changes, said she supports the
drug-detection canines and locker searches because they would serve
as a deterrent.

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.

"When I talk to people, they tell me they want the dogs in the
school," Cochran said. "But we really have to find a balance of issues here."

Cochran said the bulk of tomorrow's discussion at the board will be
about whether to approve locker searches "with or without cause."

LEGAL ADVICE

At the request of the state attorney general's office, the board
committee approved "without cause" searches. Members had previously
backed away from that language, but reinstated it following an
executive session discussion with the state attorney general's
office. The attorney general's office yesterday did not return a
telephone call seeking comment on its recommendation.

"Personally, I don't think I'm comfortable with it, but there are
members who think we need to follow the legal advice of the attorney
general's office," Cochran said. "We'll be wrestling with that, for
sure. There will be a real healthy discussion about that."

For the past several months, a smaller panel of board members has
been considering various disciplinary code changes, which include new
rules against cyberbullying and harassment, changes to provisions for
search and seizures and allowing the presence of drug-detection
canines on school grounds.

Tomorrow's full board vote is the next step in a long process to
approve the disciplinary rule changes. The board is expected to set
dates for public hearings statewide, and eventually the final version
of the new disciplinary code will require the governor's signature.
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