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.