Georgiana Coffman
Daily Egyptian
A federal law was passed in mid-June giving school administrators the right to search student lockers and personal belongings at any time.
The intention of the lawmakers was to make schools safer environments. However, some local administrators and students believe that if the routine search procedure is not properly administered, personal privacy rights may be compromised.
The case came about in a small town in Oklahoma where the school district forced athletes and students who represented the school in clubs and organizations to be randomly drug tested and searched. Student Lindsay Earls then sued the district on grounds that the policy falsely accused students. The case went to the Supreme Court where the search policy was passed as federal law in a 5-4 decision.
The law was enacted in a nationwide effort to control the use of weapons and drugs in junior high and high schools. Some Illinois school districts installed a type of search policy as early as the 1980s. However, local students believe that the new law may cause more harm than good.
"Now we really have no grounds to complain anymore," said Tanya Wilson, a 17-year-old senior at Carbondale Community High School. "We may get searched for no reason; what are we going to do when the administration takes it too far?"
Most Illinois high schools already have search procedures implemented. The Carbondale High School Board of Education has not yet made a decision of whether they are going to make any changes in the existing search program. If it does happen, Barbara Bennett, vice president of the Carbondale High School Board of Education, said "the searches must still be administered very carefully."
Under the Fourth Amendment, students, as well as all other United States citizens, have a legitimate expectation of privacy. If searches are not properly handled, schools could face serious civil rights violation lawsuits.
"It is our responsibility to do everything we can to protect students, but there is a thin line between protecting students and invading privacy," Bennett said.
The local school District 165 handbook says, "Searches must be reasonable in scope and not excessively intrusive in relation to the nature of the suspected infraction or the students age and sex."
There are two types of school searches: general and special circumstances. According to the district handbook, a general search is random, and special circumstances searches are conducted only under the suspicion that a student is in rule violation.
The property of the student is to only be searched in the event that there is a reasonable suspicion to believe that the student is in possession of illegal substances or materials that are in violation of school rules.
"Our searches are non-intrusive and they are not conducted randomly," Steven Sabens, superintendent for local school district 165, said. "However, we will search in any event of evidence of illegal activity."
The local police, often accompanied by dogs, also make unannounced random school searches. Even district administrators do not know when or where the police raids will occur.
According to Sabens, parents are not always notified if their student has been involved in a search, because the district conducts searches only in instances where immediate action must be taken. Other Illinois school districts have made it policy that guardians be notified.
"In most cases, students know in advance of general random searches," said Ronald Epps, former superintendent of Illinois school district 205. "In the case of a special inspection, we make an effort to contact the guardians of the individual."
Both school districts agree that a school administrator usually conducts the searches, preferably in the presence of law officials.
Even with all of the existing guidelines and regulations, Carbondale school officials are not yet ready to discuss how or if they plan to enforce regular routine searches.
"This could end up being a double-blade sword," Bennett said. "I just don't know what effects the installation of a routine search and seizure procedure will have on the students or on the school district in general."
Reporter Georgiana Coffman can be reached at gcoffman@dailyegyptian.com.
Published on 11/17/05; 12:24:44 PM
