Student Protection Act

1. Student Protection Act By Steven Cipriano, Danny Higgins, Mike Rumoro

2. Overall Goals • The goal of this act is to clearly identify when a student or a student’s personal property may be searched or seized on school property • Clearly sate what is a students personal property is and the expectations of personal privacy • This act will also make strip searching a student illegal except in special cases

3. SAFFORD UNIFIED SCHOOL DISTRICT #1, et al., PETITIONERS v. APRIL REDDING • A 13 year old girl named Savanna Redding was subjected to a search of her bra and underwear (strip search) because school officials had responsible suspicion that she had brought over the counter drugs to school that were prohibited by school policy • School officials (with consent from Savanna) searched her back pack and outer clothing finding no pills. • She was then stripped searched by school female nurses again finding no pills or drugs • School officials had received reports that savanna was distributing pills to other students and connected her to a planner that she lent to a friend that contained forbidden pills of 400mg Ibuprofens. • The suspicion of the school officials justified the search of her backpack and outer garments, but did it justify the strip search of her? • There was not enough evidence or reasonable suspicion to strip search Savanna Redding as the supreme court ruled on June 25, 2009

4. NEW JERSEY v. T. L. O • Two high school students were found smoking in the girls bathroom. Only one admitted to having actually smoked. • The other (T.L.O) was taken to the principles office were she continued to state that she did not violate school policy and did not smoke. The principle demanded her purse and searched her purse (without consent) founding cigarettes and drug paraphernalia. • T.L.O changed that the evidence that was found in her purse be withheld because the search was unreasonable and unconstitutional • The supreme court ruled in favor that the principle did have enough reason to continue the search • The supreme court of New Jersey found that her 4th amendment was violated, however the U.S. supreme court ruled against the New Jersey supreme court.

5. DesRoches v. Caprio • James DesRoches refused to be searched when a pair of sneakers had gone missing in his 4th period art class during a lunch break • The other 19 students were searched and no sneakers were found • The teacher testified that she had remained in the room in the class room the entire lunch break and that no other students had gone into the class room even though for a brief time she was in a closet cutting paper • Several students however testified that another student who was not enrolled in that particular class had been seen entering the room during the lunch break • James was suspended for refusing to be searched by school administrators who at the time had no reasonable suspicion to search all of the students • With only the evidence of 18 students being without the stolen sneakers, the school officials warned James that he would be suspended if he did not submit to the search of his back pack • The district court ruled in favor of James saying that the search of his property was unreasonable and unconstitutional , however the circuit court of appeals reversed the district courts ruling

6. Reasons Why This Act is Needed • It is clear that student rights have been disputed and will continue to be disputed until proper action is taken to clearly establish the students personal rights • Freedom and privacy are the most basic human rights and students are entitled to these everyday when they come to school • Students have almost no expectation of personal privacy of themselves and their property when they come to school • Students rights are often suppressed because they are not adults

7. Reasons Why This Act is Needed (cont) • It is important to create a free and safe environment for students. If students have more rights then the students will respond positively making a positive environment • Students need to know and see that the school is there to provide a safe learning environment and a environment that promotes the students personal rights and liberty. • When a students personal rights are violated it takes a physiological toll on the student that is often not short lived

8. Solutions • The students personal property that may not be searched by school officials includes but is not limited to backpack, cell phone, car, and anything on their person • Strip searching a student is only permissible if there is a overwhelming amount of evidence to support that the student may have a weapon and has intent to do harm and that finding a weapon is strongly likely

9. Solutions (continued) • If the student does not give consent to be searched or have his or hers personal property searched then school official must get a warrant or have very strong probable cause and a very high likely hood of finding evidence of breaking school policy • Officials need a witness account (from more than two students, if a student holds a personal grudge against another student then this could effect his/her witness account against the student in question) or physical evidence linking a student to breaking school policy in order for the student or his/her personal property to be searched

10. Closing Remarks • We as students, take all of this very seriously and personally. We want to make schools a better place for students and staff • We also fully understand that the schools need to maintain a safe environment, however, this act shall not interfere with the schools ability to do so • The schools power to maintain this safe environment must be checked and limited