SEARCH POLICY MAY HINDER STUDENTS' RIGHTS

Recent Court Settlement Could Impact School Policies On Searches

Searches of student lockers and drug sniffing dogs have become
commonplace at high schools throughout the state. At Chelsea High
School, canine searches are typically conducted at least once a year
with coordination with local police agencies.

But last month, the American Civil Liberties Union of Michigan and
Detroit Public Schools agreed to settle a lawsuit that was filed
after the school district performed schoolwide searches of students.
The lawsuit was filed in response to Detroit Public Schools policy
that allows periodic police "sweeps" without notice in intermediate
and high schools. As a result of the settlement, the school
district's policy has been changed.

Dave Killips, superintendent at Chelsea School District, does not
expect the court settlement to have an impact on local search
policies, which restrict the search of students' property to ensure
their rights are not violated.

"We have to have suspicion. The courts make it pretty clear and they
are generally in support of the school districts as long as there is
reasonable suspicion," Killips said.

Searches, according to the district's bylaws and policies, are
generally restricted to the district's property, which includes
lockers, and conducted only when there is reasonable suspicion.

"School authorities will respect a student's right of privacy in
their person and their property. However, lockers are the property
of the school district and a student's locker or other possessions
may be searched in the event reasonable suspicion dictates that the
administration takes such action," the policy states.

"In addition, students who drive to school and park on school
district property agree to have their vehicles searched by
administrators who have reasonable suspicion that the student's
vehicle contains drugs, weapons, or other items not permissible in
school or on school district property."

Killips said the district typically coordinates with the Chelsea
Police Department to conduct canine searches throughout the school
year. The results of a canine search could provide reasonable
suspicion to conduct a search of student property.

"We usually do it a couple times a year. We usually work very
closely with the police department," Killips said.

A canine search was conducted at Chelsea High School and Beach
Middle School last fall.

During the searches, Killips said, schools are put on lock-down and
students typically remain in their classrooms.

Killips emphasized that searches of student property are only
conducted when an individual is suspected.

But how closely administrators are following the district's policy
of student searches remains to be seen. Students at Beach Middle
School reported that the school conducted a search of female
students' purses as they arrived on the last day of school,
apparently to make sure students weren't bringing cans of
shaving cream and other items to school on the last day.

When questioned on the issue, Killips appeared to be unaware of the
student search.

"The principal may have done this as a precautionary method," he said.

Andrew Ingall, principal at Beach Middle School, could not be
reached for comment.

Whether the settlement between Detroit Public Schools and the ACLU
of Michigan will impact other school districts is still largely unknown.

Under the negotiated policy changes, school officials may no longer
search students' clothing, backpacks, cars or other items unless
they have reasonable suspicion that the student violated school
rules and the search will result in evidence of the violation.

The lawsuit was filed in 2004 after the entire student body of
Detroit's Mumford High School underwent a mass search on Feb. 18,
2004. At the time of the search, which was conducted under the
supervision of Detroit Police and the school board's public safety
officers, students were ushered into the school, lined up against
the walls, and marched to the end of the hall where they were
searched after going through metal detectors. They were then taken
to the school auditorium, where they were forced to stay until the
entire search was concluded, about 1 1/2 hours later.

No drugs or guns were found upon the conclusion of the search,
according to a press release by the ACLU of Michigan.

The sweeps were planned and scheduled in advance and, therefore,
were not based on reasonable suspicion that any particular student
or group of students had committed or was about to commit a crime.

In addition to the policy changes, the district agreed to pay the
plaintiffs $22,500 in damages and attorney fees. The Detroit Police
Department also paid $10,000 for its role in the searches.