SCHOOLS' DRUG-TEST RULES DEBATED

The state Board of Education could not agree last night on whether to
let school administrators open students' lockers to look for
contraband whenever they want, remove some of the students' clothing
during searches and expand a drug-sniffing dog program to improve
safety on campuses.

After more than three hours of debate, board members deferred a vote
to adopt sweeping revisions to the 6-year-old student misconduct
code. The changes would still need to go to public hearings and
receive Gov. Linda Lingle's signature before taking effect.

Board members, who have been struggling with the issue for months,
have held several meetings in which they were warned about possible
legal implications of the new rules but also were praised for
considering broader controls and stricter penalties aimed at curbing
drug use and violence at isle schools.

University of Hawaii law professor Jon Van Dyke advised the board to
reject the changes, saying the suggested locker searches and dog
sniffing without reason or cause would violate state and federal laws
outlining student rights.

"What this proposal does is assumes that they are all criminals, that
they are all drug users," he said in testimony that lasted for 1 1/2
hours. "If we teach them that they are worthless, that they have no
right, then that will rebound to our detriment."

But Justin Mew, principal of Niu Valley Middle School, urged members
to adopt the document, noting it was compiled with the help of the
state attorney general's office.

Mew, who was among a committee of educators who drafted the rules,
said, "We were committed to a safe learning environment."

School board member Mary Cochran, one of the strongest backers of the
revisions, said members were facing "a dilemma."

"We know that drugs and alcohol are in our secondary schools," she
said. "How do we tackle that?"

The American Civil Liberties Union of Hawaii objected to several
provisions, including one that permits school officials to take off
students' trench coats, jackets and oversize pants during searches.
While current rules bar removing clothing that would expose genitals
or breasts, the group cautioned that some students might not be
wearing anything below coats, jackets or baggy pants.

The ACLU argued that the locker searches and drug dogs -- as well as
another clause that allows administrators to punish students for a
cyberbullying offense even if they used an off-campus computer --
could all lead to privacy or free-speech lawsuits.

Although the proposals have been controversial among policymakers and
civil rights advocates, the 15-person Hawaii State Student Council
supports both the blanket locker searches and the dog program, said
member Jillian Oyama, a junior at Kaiser High School. She said giving
principals access to lockers at any time sends a strong message that
illegal substances are not tolerated.