IP: When rights are whittled away, they tend not to return.

[David Farber <farber () cis upenn edu>]

http://dailynews.yahoo.com/h/ap/19990906/us/students__rights_1.html

Monday September 6 1:28 PM ET

School Security Raises Concerns
By RICHARD CARELLI Associated Press Writer

WASHINGTON (AP) - As America's children head back to school, security-conscious
school administrators are also having to think about students' rights.

Bloody tragedies, especially last April's incident in which two students at
Columbine High School in Littleton Colo., gunned down a dozen classmates and a
teacher before killing themselves, left an indelible mark. As a result, police
officers, metal detectors, student ID cards and surveillance cameras are part
of life in schools across the nation. So are routine backpack searches,
increased use of drug tests, stricter dress codes and less tolerance for
schoolyard taunts or threats.

All of this worries Nadine Strossen, national president of the American Civil
Liberties Union. ``We're seeing the equivalent of Fortress America, and
students' privacy rights and freedom of speech are under attack from within,''
she said.

But the ACLU, aggressively challenging policies in many public school
districts, may be fighting an uphill battle.

``In the wake of increasing violence, courts seem to have become more
deferential to school districts' genuine concern for student safety and
security,'' said Cynthia Prettyman, general counsel for Palm Beach County,
Fla., schools. ``Students still have rights and I'm sure the ACLU will stay on
top of this, but any legal challenge will face a high hurdle.''

Still, some students have won.

In Allen, Texas, senior Jennifer Boccia is back in school after having last
spring's suspension expunged from her record.

She and nine other students wore black armbands to class to mourn the Columbine
victims and to protest new rules imposed in their school as a result. Jennifer,
an honors student, was suspended after ignoring an order to remove the armband.

``The school district just would not acknowledge that the First Amendment
applies to students,'' said Diana Philip, an ACLU regional director in Dallas.
``We had to take them to court before an agreement could be reached.''

Ray Vasvari, the Ohio ACLU's legal director, cited two ``invasions of student
rights'' that were challenged successfully. In one, a Stow boy was suspended
from classes for a personal Website entitled ``Stow High School Sucks.'' In
another, a Youngstown area high school sought to administer drug tests for all
students participating in extracurricular activities.

``The post-Columbine reaction is regrettable,'' Vasvari said. ``When rights are
whittled away, they tend not to return.''

In Mississippi, the Harrison County School Board rescinded a policy that barred
a Jewish boy from wearing his Star of David pendant after the ACLU sued on his
behalf. School officials had considered it a gang symbol.

Julie Underwood, general counsel of the National School Boards Association,
says school districts are well-served by programs emphasizing ``culture and
climate - how people treat each other; whether a respectful learning
environment exists.

``We routinely get called for advice after a problem arises, after some policy
is challenged,'' she said. ``We would like to field such calls earlier on.''

Here are some questions and answers about students' rights:

Q: Students are just kids. Why do they have any rights?

A: Children, like adults, have legal rights. The Supreme Court, dating back to
a landmark 1969 decision, has said students who attend public schools do not
surrender all constitutional rights at the schoolhouse gate. For example, the
court has said school officials cannot squelch students' freedom of speech
based on ``a mere desire to avoid the discomfort and unpleasantness that always
accompany an unpopular viewpoint.''

Q: What about students' privacy rights?

A: The Constitution's Fourth Amendment, which protects against unreasonable
searches and seizures, applies in public schools, but school officials get more
leeway than police. And school searches of lockers and backpacks, even the use
of metal detectors, are much easier to justify when the target is illegal drugs
or weapons.

Still, courts generally require ``individualized suspicion'' in certain
circumstances, barring school officials from searching all students in a room
just because one of them may have stolen some money or smuggled in a pack of
cigarettes.

Q: What about drug tests?

A: The law is still evolving on this issue. The Supreme Court ruled in 1995
that student athletes could be subjected to random drug tests because the
athletic programs are voluntary and student athletes are role models. Since
then, some lower courts have allowed drug testing of students engaged in other
extracurricular activities. But some courts have struck down drug-testing
policies.

In Oklahoma, two Pottawatomie County high school students are challenging a
policy requiring drug tests for students involved in extracurricular
activities, such as choir or marching band, for which they receive academic
credit. No court anywhere has ruled that all students can be subjected to
random drug tests.

Q: Is there somewhere students and teachers nationwide can find out the answers
to specific questions?

A: No, the law on students' rights can vary from state to state, depending on
state laws and court rulings.


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