. Another reason lockers shouldn't be used is security. A Wisconsin school district is closing a Title IX inquiry into three middle school students accused of sexual harassment for using improper pronouns. Getting rid of lockers might sound like a simple solution, but it's far from cost effective and would have adverse effects on our century-old building. There is controversy whether schools should complete unannounced locker searches in schools. Students in schools all over have backpacks that weigh 10-30 pounds. School admin istrators should only be able to search a students' locker when they have a reasonable suspicion of the student's wrongdoing. A recent decision by the Ohio Supreme Court brings to light the complexity of these competing concerns and the high-stakes decisions that must be made in the fast pace of a public school. The start of summer programs with Duval County Public Schools is right around the corner for students, and many of them will be leaving their backpacks behind. The fact is, there are a number of reasons why the backpack rule has been put in place, and only one reason . Entering another student's locker without permission is considered trespassing. The child's age, The gender of the child and the gender of the staff searching the child, The rule or law that is believed to be broken. The search must be: Justified when it starts, and. Some feel this is an invasion of privacy . Produced by the ACLU Department of Public Education. However, they can also contain dangerous things like drugs or weapons. (backpacks, book bags, gym bags) to facilitate searches. This "expectation of privacy" applies to students in public school. Z(S.M. Every year there are less drugs and alcohol in schools, because of locker searches. . . There are a couple of factors to be looked at to establish a reasonable search. At the last North Island Secondary School dance, every bag, purse, backpack and jacket that went into the dance was checked. Yes, lockers are school property. In January 1999, a bomb explosion in a Kansas High School locker sent 11 students to the hospital (Schoolsecurity). School employees can search students within reason but must conduct reasonable searches and seizures of school and personal property. The search must be carried out in a reasonable matter and the circumstances considered should include age and gender of the student. Below are arguments for . School personnel must often balance a student's right to privacy with a school's interest in protecting all students. Some reasons can be that they are good for carrying stuff and lasting for a long time. Also, it seems that with the recent school violence surge, it would almost be necessary. Junior Emma Wynkoop said, "I don't have time to go from a class to a locker and then across the school." With lockers, if a student forgets materials, the supplies that are necessary to have during class are hard to access once a student is in class. Backpacks are convenient and useful when it comes to using them during school. And finally, if criminal charges have been brought against your child based on a search at school, you should speak immediately with an attorney experienced in juvenile criminal law. The administration or a designee may search all lockers or backpacks with reasonable . However, under the fourth amendment it states that a search must have probable cause but not a search warrant, and you can not just base it on a rumor. Currently, students have to carry every single notebook to each class or have to rush to their locker between classes. However, students are expected to assume full responsibility for the security of their desks and lockers. The recent school shooting in Michigan has prompted questions about whether schools can search a student's backpack or locker. . The administrators should not be allowed to go through the lockers purchased by the students for a whole year. What Are Student Searches? For example, if a student is accused of having . ), the vice-principal of a junior high school conducted a locker search of a 15-year-old student's locker after reports of drug use in the school. The start of summer programs with Duval County Public Schools is right around the corner for students, and many of them will be leaving their backpacks behind. It's also routinely argued that school lockers provide kids of all ages with a unique and valuable opportunity to take care of their own possessions. After all, we use backpacks on the bus to keep things . So students often assume they have the same rights when teachers or principals want to take drug tests, do pat-down searches, or look through kids' backpacks, phones, or lockers. Junior Emma Wynkoop said, "I don't have time to go from a class to a locker and then across the school." With lockers, if a student forgets materials, the supplies that are necessary to have during class are hard to access once a student is in class. DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . Schools have more leeway than police when searching students' pockets, backpacks, lockers, and other belongings, but there are limits. Download Other. A search looks for evidence of wrongdoing in places where someone has an "expectation of privacy." A search can be of your child's: person (empty pockets, pat downs, etc. School lockers save students, teachers and parents alike from the unpleasantness of dealing with the aftermath of personal property going missing. The statistics of school violence are almost overwhelming in the United States. Carrying backpacks from class to class is a distraction, safety hazard and might cause health problems down the road. It's true that the Fourth Amendment applies in the context of public schools, but students' privacy rights are more limited than if they were adults dealing with . The fourth amendment protects individuals, including students, against unreasonable searches and seizures. The school should be able to search the lockers because it belongs to that school not the students. The person doing the search: Different rules apply to the search depending on whether it is conducted by a teacher or principal, a school resource officer, or a police officer. The school should be able to search the lockers because it belongs to that school not the students. crease in school violence, school authorities should be able to search a student's school locker in order to protect the other students. For the last two weeks . It depends. from the School Search Reference Guide developed in 1999 by the National Association of Attorneys General. Should Backpacks Be Allowed In Schools 802 Words | 4 Pages. School employees are not allowed to search students without cause. When I was in eighth grade, I was assigned a new locker, and the old student was still present in the school. Some view locker searches as a violation of the rights of personhood. In the 1998 Manitoba case of R. v. But if your locker is considered school property, then your locker can be searched. It certainly would reduce the strain of carrying heavy backpacks around all day. If the local school district has a regulation that states this, the school must show that it had a reason to perform the . The meaning of reasonable also depends on the type of search. How ever, this authority to search should not be unlimited. The school checking students backpacks and lockers are not only an abuse of power, But is . Reasonable in how it is done. =) GOOD JOB <3--Racha If a school official asked to search a student's locker or bag, there should be no hesitation. Some searches are clearly illegal, for example, if a teacher searches a student's locker on a hunch or for no reason. However, the rights of students must be balanced with the need to maintain a safe and effective educational environment. This reasonable suspicion . Typically, backpacks and lockers are full of books, pencils, and paper. Locker searches provide students with more confidence in their safety. There are less school shootings going on in schools that do random locker searches. The time given between classes is meant to go to the locker and to the next class . DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . The weight of these bags cause children's backs to hurt by the end of the day and some end up with permanent damage. . If a teacher suspects that a person has contraband only in his locker, then a search of that student's backpack probably isn't justified either. Answer (1 of 9): They own the lockers, therefore they have the right to search them at any time. At Oromocto High School, the teachers make it very clear by thoroughly explaining the rules on the first day. Students had reported that the student (Z) was present when drug use took place or was associated with other students thought to be involved with drugs. Search should be allowed with reasonable suspicion, but should not require a warrant. Students are or should be told that schools have the right to search their . The schools should be able to check all lockers so that they know what kind of stuff they have in them. Since he remembered the combination, I found that he positioned a book so that it would f. Sadly, many schools have gotten away from using lockers because of the threat of hiding guns, drugs, bombs, etc. Lockers can be taken back without notice, for example if they are vandalised or become smelly with rotting food. It is difficult to state beforehand whether or not a particular search is reasonable. However, under the fourth amendment it states that a search must have probable cause but not a search warrant, and you can not just base it on a rumor. It's true that the Fourth Amendment applies in the context of public schools, but students' privacy rights are more limited than if they were adults dealing with . Students should not be allowed to carry their backpacks around throughout the school day. 591 Words. However, private school administrators are not . Schools should be a fair and honest place. A locker is space owned by the school that students are given the privilege of using to store their supplies. Cons of Locker Searches. Lockers can be a factor in shootings, hiding stuff, and helping students workload. They do not need a warrant or standard of proof, like the police must have when searching someone's property. I agreee manal, school's should be allowed to search in students lockers for many reasons, especially in high school for drugs because, many students or kids may hide drugs or maybe weapons like a knife or something. Which does allow the administration to search a locker or student if they is a "reasonable suspicion" that the student might have something illegal . It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches. However, most schools statewide have instituted "no backpack" policies in schools, asking students to instead rely on lockers to store their books and supplies, and there is a diversity of opinions. That student must have given the school a legitimate reason for searching the backpack, such as potentially having a weapon or illegal drugs in the backpack. The article also delineates the difference between searching pockets, or backpacks, versus searching school . Student Person and Possessions Students have heavy textbooks, stolen valuables, and sports bags that all could be put in a locker. If your family has a history of drug or alcohol abuse it can lead to you . Students carry backpacks and other necessary things such as a purse, phone and keys. Lockers and backpacks are the two places students store things while they are in public high schools. Teachers, administrators, school counselors, and other personnel use student searches to keep a campus safe. Under no circumstances should any student be in possession of anything at school that is not allowed. 1. Why they should be allowed to search the locker of a student is because of these three reasons: being able to search students' lockers creates a safer learning environment for students and teachers alike, lockers are school property. School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students. His or her locker and pockets can also be legally searched. Lockers could ease pain, prevent stealing, and help keep . . If a parent or student feels that such . It focuses on published court decisions interpreting the Fourth Amendment of the United States Constitution and provides a broad overview of search and seizure law as it applies to school officials and students. If a school official has what is called "reasonable suspicion" that a school rule or law has been broken, they can search without involving the police or getting a search warrant from a court. ). Unreasonable student searches may include body cavity searches and vehicle searches if the student's car is parked off-campus and not being used for a school activity. Ehlenberger, K. (2001). Teachers should not check students backpacks or lockers because, it invades privacy and . Backpacks must be kept in hall lockers during the school day. By Mark Walsh August 03, 2012 3 min read. Backpacks provide a healthy way for students to transport items to and from school or class. Teachers and administrators should be allowed to search students' lockers. Some people think they're helpful, yet others think it's a waste of time. Difficult questions, but simple answers. Some schools require teachers or administrators to have probable cause to search a locker or a backpack. Additionally, the courts have acknowledged . Which in situations like this, they could take action of the problems and try to stop them. Locker should remain free of writing and stickers. . Some schools have already taken advantage of the new rule. On the other hand, a school official who is not a police officer can search a student's belongings if they believe the search is reasonable. It seems logical that a school should have the right to search a student's locker or desk because; the student is on the school's property. A violation of personhood is viewed by many as an implicit but unstated lack of trust in all students in a given school of school district. or; school property your child uses (desk, locker, etc. These school shooting and the findings of all these weapons makes parents wonder if their children really are safe at school anymore. Yes because. Dear Rhonda: Public schools have the authority to conduct searches of students and their backpacks, lockers, cars, etc. The official must have more than a hunch. I, do, personally think no. School lockers are a privilege and should be used more. A school official conducts a "search" any time the official inspects a student's person or property. Backpacks could just hang from the chairs. While students are using lockers, they have the right to keep their contents private. ), property (backpack, purse, car, etc.) Courts will weigh a student's right to privacy against a school's need to obtain evidence of school rule violations and violations of the law. It takes lots of time to go through the hallways to retrieve class . Concerns over privacy, trust and rights have made the subject of school locker searches a controversial one. A reasonable search can be made of the purse or backpack he or she was carrying at the time of the incident. Another reason lockers shouldn't be used is security. ATLANTA, Ga. (CBS46) - Backpacks and lockers are now part of the past for Clayton County students after a wave of weapons started flooding school campuses this semester. Taking responsibility for . When the last figures were taken by the government educators had found more then 2,000 weapons stashed by students in lockers, backpacks and pockets in the 1996-97 school year. My topic is: "Should school authorities have the right to search student lockers, backpacks, etc.? Another reason to have backpacks in class is to keep all student belongings off the tables so there is plenty of room for work. If students want to have cellphones at schools, all cellphones are subject to search at any time, just like the contents of backpacks and lockers. Miranda Drexler. A person has very few legal rights until the become 18 years of age or 21 years of age. For starters, students wouldn't have to worry about going to lockers, which would prevent them from being tardy. Learn to Be Independent and Responsible. The official must have reasonable suspicion to believe that an individual . I doubt that students who have something dangerous to hide, such as weapons or illegal substances, would put them in their lockers. The case began when a Columbus . During passing periods, before school, and after school, students have to visit the dreadful locker. A New York high school is the latest in the nation to ban backpacks following several bomb threats, and has even taken extra steps, including sealing up students' lockers. Roughly 160,000 students decide to skip at least one day each year (sometimes without their parents knowing it) because they feel unsafe when going to class. If your locker is considered personal property, then your school may not search your locker unless it has a "reasonable suspicion" that it may find something against the law or school rules. School officials in Michigan had legal grounds to search shooting suspect Ethan Crumbley's backpack and locker but did not do so, Oakland County Prosecutor Karen McDonald told CNN on Monday. And even though the Fourth Amendment prohibits unreasonable search and seizure, the use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school. Missy J. Talbot. Schools can search a locker or backpack if they have "reasonable . So, Yes or No? School authorities are currently allowed to check students' lockers and backpacks if they feel the student is breaking the law or posing a threat to the safety of the school. Although the lockers are the property of the school, the contents within are not. School Searches of Students' Lockers Essay. Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in . Ok, so heres the dealio. Despite the controversy, though, a school policy that allows locker searches is often an effective deterrent against students bringing and storing illegal or dangerous contraband to school. Searching students' lockers without their permission would violate their trust. Can my school search me without my consent? This means that a school official cannot just randomly stop a student in the hall and force that student to hand over their backpack for a search. Student desks and lockers may not be used to store illegal, unauthorized, or contraband materials. A student's right to free speech, press, . 125 Broad Street, NY NY 10004. Having backpacks in class would benefit both students and teachers. From drug suspicions to school shooting concerns, school officials have asked students to empty their backpacks, open their lockers, and even reveal the contents of their pockets during these searches. A student's personal effects found within a desk or locker, such as a backpack, gym bag, or purse . Lockers are school property; students are merely allowed to use them as they do with sports equipment, library books, school computers, etc. If school lockers are installed on the premises, the children will learn to be responsible enough to handle their belongings with ease. Searches of a student's person or belongings: A search of a student's person or belongings by a school official must be reasonable, but no warrant is required. Independence. According to the National Education Association, at least 100,000 students bring guns to school, 160,000 students skip classes because they fear physical harm, 40 students are killed or hurt by firearms, nearly 6,250 teachers are threatened with bodily injury, and 260 teachers are physically assaulted. According to the U.S. Supreme Court case, Tinker v. Des Moines, students do not "shed their constitutional rights" when they are in school. What is being searched: Depending on whether the school is searching your locker, your backpack, or under your clothes, it needs to comply with different requirements. The school provides hall lockers and physical education lockers. 5. The Court articulated a standard for student searches: reasonable suspicion. Backpacks or other belongings on a student's body may be searched if: Staff member has reason to think the student is breaking a school rule (a hunch). Second, the way your school does its search should be "reasonable" based on what is being searched for and your age. . Carrying a backpack eliminates that need and gives us more space," Andersen said. YES, but only under certain circumstances. The locker can represent many things for high school students: a center of social interaction, a means of self-expression, that one little area of school that is wholly and entirely theirs. Im doing a debate (tomarrowwwww, haha) and at the last minute, Im deciding to do a poll. School safety and the laws that govern safety are difficult to navigate because laws . Most of the time, these searches. So students often assume they have the same rights when teachers or principals want to take drug tests, do pat-down searches, or look through kids' backpacks, phones, or lockers. Parents and students should be mindful that if they want to keep private materials private, it is most safe in the home rather than in a backpack or locker at school. A search includes opening a locker; reviewing the contents of a backpack, cell phone, or personal electronic device; or requiring a student to empty his pockets or undergo a "pat down." A lead: someone has told a staff member that a student is in possession of a dangerous item. An appropriate school official may search student lockers and storage areas and the contents contained therein at any time for any justifiable reason. Teachers could ask for permission to take a look inside a student's locker, and if the student is okay with . First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. depending on the circumstances. There are different opinions on the lockers. " And Im on the Negative side of this debate. In public schools, school officials are required to have "reasonable suspicion" in order to search students, while law enforcement officials are required to have "probable cause.". A school resource officer did not have probable cause to search a student's backpack and, thus, an air pistol that turned up had to be suppressed in . Some of the reasons can be the students not being physical, security, gang violence and shootings. For more copies of this or any other Sybil Liberty paper, or to order the ACLU handbook The Rights of Students or other student-related publications, call 800-775-ACLU or visit us on the internet at https://www.aclu.org. Why? I think lockers are necessary to house and protect textbooks and school materials as well as personal belongings during a student's long day at school. Proponents and Opponents. "We have issued clear directives and . times under the control of the school. Schools have there different opinions to have lockers and not to have lockers. All in all, they . C. An appropriate school official may, at any time, request assistance of the appropriate . One reason there are no backpacks allowed in classrooms and students have to leave their things in lockers is because teachers. Your school must give you notice that your locker is .
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