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The Honolulu Advertiser
Posted on: Wednesday, October 3, 2007

Locker-search plan goes to Hawaii board

StoryChat: Comment on this story

By Loren Moreno
Advertiser Staff Writer

WHAT'S NEXT?

The state Board of Education will vote on revisions to its discipline policy at its full board meeting scheduled for 3:30 p.m. tomorrow at the Queen Lili'uokalani Building, 1390 Miller St.

The board is expected to set dates for public hearings statewide and consider any suggested changes.

Once a final version is approved, it will be sent to the governor for her signature. The entire process is expected to last at least a couple more months, officials said.

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A controversial proposal to allow locker searches solely at the discretion of principals, and the use of drug-sniffing dogs on school campuses statewide, will face a key vote tomorrow.

The Board of Education will decide whether principals should have the authority to search student lockers and conduct drug searches with dogs even if they don't have evidence that a student has contraband.

Board officials who support the plan say the widened searches would give principals the authority they need to keep drugs and weapons out of schools.

Opponents, including the American Civil Liberties Union of Hawai'i, argue the proposed rules would be an undue intrusion on student privacy.

Valerie Sonoda, president of the Hawai'i State Parent Teacher Student Association, said her organization backs the use of drug-sniffing dogs on campus, but has not weighed in on the locker search issue.

However, "we support any type of initiative that helps to deter illegal substances in the schools," Sonoda said.

Sonoda, who testified on drug-sniffing dogs at a hearing before a board committee last month, said she became concerned about the presence of drugs on campus following several cases of teachers allegedly being caught with drugs.

Her group, which represents thousands of parents, teachers and students statewide, has expressed support for the use of drug-detection canines as a way to deter use on school campuses.

The state PTSA is not likely to express an official opinion about locker searches, she said.

The ACLU, which opposes locker searches without cause, said the current rules already allow principals to conduct searches if they suspect contraband or wrongdoing.

The rules allow officials to search lockers "only when the health or safety of a person or persons would be endangered if a search or seizure is not carried out."

CONCERN FOR RIGHTS

The ACLU has said that unlimited locker searches and dog sniffs would infringe on privacy and individual rights.

Board of Education member Mary Cochran, whose committee last month gave preliminary approval to the changes, said she supports the drug-detection canines and locker searches because they would serve as a deterrent.

Earlier this year, three Maui district schools — Lahainaluna High School, Lahaina Intermediate School and Lana'i High & Elementary School — participated in a pilot program in which specially trained dogs were used to detect drugs, alcohol and guns. Two O'ahu private schools, Saint Louis and Academy of the Pacific, have also used drug-sniffing dogs for several years.

"When I talk to people, they tell me they want the dogs in the school," Cochran said. "But we really have to find a balance of issues here."

Cochran said the bulk of tomorrow's discussion at the board will be about whether to approve locker searches "with or without cause."

LEGAL ADVICE

At the request of the state attorney general's office, the board committee approved "without cause" searches. Members had previously backed away from that language, but reinstated it following an executive session discussion with the state attorney general's office. The attorney general's office yesterday did not return a telephone call seeking comment on its recommendation.

"Personally, I don't think I'm comfortable with it, but there are members who think we need to follow the legal advice of the attorney general's office," Cochran said. "We'll be wrestling with that, for sure. There will be a real healthy discussion about that."

For the past several months, a smaller panel of board members has been considering various disciplinary code changes, which include new rules against cyberbullying and harassment, changes to provisions for search and seizures and allowing the presence of drug-detection canines on school grounds.

Tomorrow's full board vote is the next step in a long process to approve the disciplinary rule changes. The board is expected to set dates for public hearings statewide, and eventually the final version of the new disciplinary code will require the governor's signature.

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The Issue
The state Board of Education is weighing a discipline policy change that would allow school officials to search student lockers "with or without cause" and allow the use of drug-detection canines on school campuses. Here are the arguments for and against the proposals:

What the proponents say
  • School officials need more authority to create a safe environment for students.
  • Students do not have an expectation of privacy when using school-issued lockers.
  • Locker searches would contribute to an overall feeling of safety on campus.
  • Dog sniffs are not considered a search and are within the parameters of the law.
  • The drug-dog pilot program on Maui was generally considered an effective deterrent to contraband.

    What the opponents say
  • The current disciplinary code already allows principals to search lockers if they suspect the health and safety of students are in danger.
  • Traditionally, the school disciplinary code has acknowledged that students have a "reasonable expectation of privacy."
  • Search and seizures would "treat students like criminal suspects," said the American Civil Liberties Union of Hawaii.
  • Dog searches are expensive and could subject the state Department of Education to lawsuits.

  • Reach Loren Moreno at lmoreno@honoluluadvertiser.com.

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