BOE DEFERS DECISION ON LOCKER SEARCHES

HONOLULU - The state Board of Education tried to settle the
contentious issue of allowing school officials to order student
locker searches with drug-sniffing dogs late Thursday, but in the end
decided to put off a decision.

With a 12-1 vote to defer a proposal to allow searches "with or
without cause" for further consideration, the board said it is not
satisfied with the proposal as written but could not decide on
acceptable language Thursday night.

The state attorney general's office is expect to come up with new
wording, but it was not clear whether there would be any significant
change in the policy proposal that would expose student lockers to
"open inspection and external dog sniff."

The decision not to decide followed a lengthy discussion and a
closed-door executive session. The board is to meet next Oct. 18 at
Kailua Intermediate School, where it is expected to take up the issue
again, although it was not known if the issue would be discussed
first by the Special Programs Committee chaired by Maui board member
Mary Cochrane. The committee had recommended the amendments to the
student conduct code to expand the authority of principals to use a
drug-sniffing dog around student lockers.

On Maui, two principals who conducted pilot projects on their
campuses with a drug-sniffing dog said they hoped the board will
expand their authority to inspect student lockers and other areas of
their schools.

"It's been very helpful," said Mike Nakano, principal at Lahainaluna
High School.

"We just want a safe and healthy campus. It will help our mission to
prepare the kids for the future.

"As I told the students at the assembly, it will help them to be as
clean as possible, so when they venture out after graduation, to
pursue further education or to go to jobs, they will be clean. There
will be nothing to hinder them when they apply for jobs and are out
in the community."

Kalama Intermediate School Principal John Costales said just having
the drug-sniffing dog on campus may have reduced the incidents of
drugs discovered on campus.

"Last year, the number was way down, the number of cases of drugs
being discovered on the campus. I don't know if it can be attributed
just to the dog," he said. "I think it helped just a little."

He said the school emphasizes that the goal is not to punish students
but to get them help if its needed and to keep illegal drugs and
alcohol away from the campus.

Board of Education spokes-man Greg Knudsen said the proposal under
consideration Thursday night would allow school principals or other
school officials, possibly including teachers and counselors, to
order searches for any reason or without giving a reason.

Opponents, including the American Civil Liberties Union of Hawaii,
say the searches would be an excessive invasion of student privacy
and unnecessary because officials can search a student's locker now
simply by showing "reasonable suspicion" that the locker contains contraband.

Proponents say school officials need to be able to create a safe
environment on campus from drugs and other dangerous contraband
students may bring to school.

Only board member John Penebacker voted against deferring the matter,
saying the board could accept the proposal as written.

The Hawaii State Parent Teacher Student Association supports the use
of drug-sniffing dogs but hasn't taken a stand on the locker searches.

Three Maui District schools participated in the pilot drug dog
program last year, allowing the trained golden retriever Custer to
periodically tour the campuses. In addition to Kalama and
Lahainaluna, Lahaina Intermediate invited Custer and trainer Whitney
White to the campus, where he was allowed to sniff around the
exterior of buildings and in restrooms.

White, who operates Interquest Detection Canines of Hawaii, is a
certified dog trainer who has provided her detection dog to private
schools on Oahu and to businesses on Maui

"People forget there is a difference between a search and a sniff,"
Nakano said. "We didn't search anybody. All the dog does is sniff
the premises and let us know if there is a scent. We were trying to
use him as a deterrent."

He said there may have been a positive effect from having the dog on campus.

"For many kids, they feel the campus is safer. When the dog came to
our campus for the demonstration, the kids clapped."

Costales said he believed the presence of the drug-sniffing dog
helped to show that the school is supporting its students and is
ready to provide help to those who need it.

"I believe it went well," he said.

Costales and Nakano said they also expect it may take some time for
the school board to complete its study of the rule changes to allow
them greater authority to inspect lockers used by students.

"When we did the dog, just to get started last year, we waited a long
time for the approval," Nakano said. "We had support. The parents
said they supported the program, but it still took time."