Student strip searches

**alaskaguy** · 07-12-2008, 03:24 PM

A 13 year-old student was subjected to a strip search in the school nurse's office after another student who was caught with prescription-strength ibuprofen implicated her. The search of her bag turned up nothing, but the school has a "zero tolerance policy" when it comes to drugs of any kind.

The ninth circuit court on appeal decided that the search violated the student's fourth Admendment rights. The vote was 6-5.

Link:
http://www.ca9.uscourts.gov/ca9/newo...le/0515759.pdf

**Phaedrus** · 07-13-2008, 08:23 AM

"Zero-tolerance" equals "Zero-brains" by school administrators.

I say defund public schools completely and start over again, with complete and utter local control of schools.

**alaskaguy** · 07-13-2008, 09:48 AM

Originally Posted by Phaedrus

"Zero-tolerance" equals "Zero-brains" by school administrators.

In this case, the court found that the school official who ordered the strip search, Vice Principal Kerry Wilson, is financially liable in the case and cannot claim qualified immunity so the school administrator will be paying for his zero brains.

**clonechemist** · 07-13-2008, 10:11 AM

Crazy stuff. Can't believe this can happen based on information provided by one other classmate.

Originally Posted by Phaedrus

"Zero-tolerance" equals "Zero-brains" by school administrators.

I say defund public schools completely and start over again, with complete and utter local control of schools.

So what happens when schools somewhere try to resegregate? You're cool with that? Or when the word "evolution" is banned?

**Cyclone711** · 07-13-2008, 12:25 PM

Originally Posted by clonechemist

Crazy stuff. Can't believe this can happen based on information provided by one other classmate.

So what happens when schools somewhere try to resegregate? You're cool with that? Or when the word "evolution" is banned?

It really seemed like my school was segrated (graduated this year). I'm from Burnsville which is technically the most "diverse" school in Minnesota. Most of it is due to the recent boom in the Somali population, strange thing is that I never have had any in any of my classes. I wasn't taking the honors classes either, they were the basic classes required to graduate. They're actually all together and in the same classes and rarely have any classes with the other population of students (maybe gym class?). Only time I really saw them was at my graduation.

Also I'd like to point out that I have no problem with the teaching of evolution in class rooms. The only problem I have is that they soley teach evolution and absolutely nothing else. If they actually made the effort to maybe teach the fundementals of the religions out there I could care less if they taught evolution.

**Phaedrus** · 07-13-2008, 12:25 PM

Originally Posted by clonechemist

Crazy stuff. Can't believe this can happen based on information provided by one other classmate.

So what happens when schools somewhere try to resegregate? You're cool with that? Or when the word "evolution" is banned?

Well, since the 10th Amendment of the Constitution spells out that the Federal Government should not have the power to run schools, I couldn't care less what other localities choose to do. They are responsible for the product they produce, I guess.

What is worse, something as silly as the word "evolution" banned, or graduating classes of illiterate, mathematically incompetent idiots who cannot write, or even spell, and who don't know history?

What about "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" is hard to understand?

**clonechemist** · 07-13-2008, 12:45 PM

Originally Posted by Phaedrus

Well, since the 10th Amendment of the Constitution spells out that the Federal Government should not have the power to run schools, I couldn't care less what other localities choose to do. They are responsible for the product they produce, I guess.

So you clearly agree that the US should rightfully accomodate/tolerate segregated schools if it's the will of the locals. Just say it.

Originally Posted by Phaedrus

What is worse, something as silly as the word "evolution" banned, or graduating classes of illiterate, mathematically incompetent idiots who cannot write, or even spell, and who don't know history?

I agree that education is in a sorry state here in the US. I simply believe that you're sorely mistaken in believing that more local control will produce fewer idiots. I think the opposite is true.

**cloneaholic** · 07-13-2008, 01:14 PM

I hate the "no tolerance" policy that most schools adopt because it completely absolves school officials from having use their own judgement. The world is not black and white - it's very gray. There's a difference between assaulting another student vs. defending yourself from assault. There's a difference between bringing a loaded gun to school vs. a boy scout utility pocket knife. But in today's schools, they are all treated with the same degree of severity because of "no tolerance".

Maybe it's because we live in a world of litigation and schools are simply protecting their butts from being sued, but I think "no tolerance" is a gutless policy - just my opinion.

**ISUKyro** · 07-13-2008, 01:42 PM

Originally Posted by cloneaholic

Maybe it's because we live in a world of litigation and schools are simply protecting their butts from being sued

I can tell you for a fact that this is a major part of it. The school I work at had two different law suits (that I knew of) for various things and it almost put us literally out of business.

**Flag Guy** · 07-13-2008, 02:11 PM

So I dont' think I'll get around to reading the rest of it... but man are they tearing this guy a new one. I'm on page 25 of 75 and i have to say while they're really disected how unreasonable this search was, and provided lots of references, this line stands out

We hasten to note, however,
that if Savana had been accused of a federal crime, she would
have been entitled to more legal protections that she received

here.

Somebody got a liiiiiiiiiiiiittle carried away, after reading the description of the search, I feel really sorry for that girl. This could leave some lasting damage... and all for a ******* pain killer? I liked the note about what 13 year old is going to ingest a pill that's been in another girl's crotch???

EDIT: THere is all sorts of good legal *****-slapping here...

A reasonable school official, seeking to protect the students
in his charge, does not subject a thirteen-year-old girl to
a traumatic search to “protect” her from the danger of Advil.
Indeed, the school officials’ actions here were so patently in
defiance of the considered approach T.L.O. dictates, that it is
little wonder that we can find no case presenting identical

facts.

**Flag Guy** · 07-13-2008, 02:13 PM

Originally Posted by ISUKyro

I can tell you for a fact that this is a major part of it. The school I work at had two different law suits (that I knew of) for various things and it almost put us literally out of business.

Some lawsuits are completely redicululous... as are the monetary awards... The awards really should be capped...

Unfortuantly common sense doesn't always apply to the legal system, technicalities do...

**LindenCy** · 07-13-2008, 02:54 PM

Seeing how public schools are in Chicago (and many places), I will definitely not send my children to public school, unless perhaps I am lucky enough to live in a state like Iowa again, where families still seem to care.

**cyclonewino** · 07-14-2008, 06:56 AM

The worst part of this story was that 5 judges supported the school for this crap!

**Phaedrus** · 07-14-2008, 07:11 AM

Originally Posted by cyclonewino

The worst part of this story was that 5 judges supported the school for this crap!

What amazes me, is that there actually ARE judges who think it's okay to strip-search 13 year old girls over OTC medication like Advil or Tylenol.

Or that "Zero-Tolerance" should be supported.

Here's one: I have "Zero Tolerance" for idiots who support "Zero Tolerance" in schools or anyplace else.

**Kyle** · 07-14-2008, 07:41 AM

Originally Posted by Flag Guy

Some lawsuits are completely redicululous... as are the monetary awards... The awards really should be capped...

Unfortuantly common sense doesn't always apply to the legal system, technicalities do...

Its easy to say this from afar when one just looks at the award amounts. However, it is important to keep in mind that a jury of people from the community that actually had to sit in the court room and hear all of the facts of the case is what returns those verdicts.