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Laws give students protection from action
Schools have the right to take precautions to ensure safety. But students and parents also have legal rights regarding searches, seizure of property and disciplinary actions. "Students are entitled to be free from unreasonable searches, as adults outside the school setting are. However, ... the courts certainly have given deference to the special roles that schools play in educating our youth," said Julya Hampton, legal program director for the Washington chapter of the American Civil Liberties Union. Washington school districts can grant students broader rights, but they can't be more restrictive than the state codes. Private schools don't have to comply with the same requirements as public schools. What follows are the rights of students as outlined by the Washington ACLU and confirmed by the Washington attorney general. School officials may search a student or student property at school without a warrant. Also, school officials can launch a search without any hard evidence of a crime, but they must have a reasonable suspicion the student has done something wrong. That means schools can't, for example, search students' luggage for alcohol, drugs or weapons before a field trip unless they have good reason to suspect the students are carrying such items. If school officials believe a student is breaking the law or a school policy, the search authority is broad. Officials can frisk students and search lockers, pockets, purses and backpacks, for example. But they can't conduct a strip search that exposes undergarments. Student desks and lockers are considered school property, not personal property. So schools can check them anytime without cause. When it comes to canine sniff searches, Washington courts have ruled sniffing people requires suspicion, while sniffing an object or locker might not. School districts are required to adopt written rules describing the types of misconduct for which students may be disciplined and make them available to students and parents. Teachers may exclude students who disrupt the educational process from the classroom for the remainder of the day or until the principal and student have talked, whichever comes first. In an emergency situation, a student may be expelled immediately by a district superintendent. The principal must meet with the student by the beginning of the next school day after the student is removed from school. The student and the parents or guardian must be notified within 24 hours that they have have 10 days to request an appeal hearing. A decision must be made within one day of the hearing unless the emergency is continuing. Schools also have the right to suspend or expel students in non-emergency situations. The rules vary if the student is given a short-term suspension of 10 days or less. For long-term suspensions, the expulsion rules apply. In every case, parents and students have the right to discuss the matter with the school principal. If it's still not resolved, they have the right to appeal the decision to the district superintendent, school board or even the courts. Grievance procedures are outlined in district policy manuals. Police called to interview students must follow all the rules that protect adults. That means students must be told their Miranda rights, including the right to remain silent and the right to an attorney. Students under the age of 12 are unable to waive some of these rights without parental consent. The ACLU's Web site at www.aclu.org provides information about student rights under the state's legal codes. |