Tracknum: override Pubdate: Fri, 14 Dec 2001 Source: Tulsa World (OK) Copyright: 2001 World Publishing Co. Contact: http://www.tulsaworld.com/ Details: http://www.mapinc.org/media/463 Author: Kristin Maun, Satellite Correspondent RIGHTS HERE, RIGHTS NOW Students Should Know Their Civil Liberties When Lindsay Earls came home from school one day and told her parents the school wanted to drug-test her since she was on the academic team, no one around the kitchen table liked the idea. The ensuing fact-finding mission for the Tecumseh family ended up putting them on the docket of the Supreme Court for March 2002. "I felt that in drug testing us, my school was accusing me on the grounds that I was active in the school of breaking the law," said Earls, now a freshman at Dartmouth College. "I also felt that the test in general was an invasion of my privacy." Earls is an example of a student who wanted to know more about her rights - -- an interest that will make her a plaintiff in front of the high court of the land. Civil liberties are a controversial topic, especially in schools. The line between students' rights and schools' power is constantly being blurred, not just in the classroom but in courts and legislatures across the nation. "Students should be concerned about all attempts to take their rights away, be it their right to privacy, their right to speak freely or assemble peacefully," Earls said. Certainly, students have fewer rights in school than they do walking down the street. Martin H. Belsky, dean of the College of Law at the University of Tulsa who has written about Earls' case, said, "Courts have said students' rights are unique. When you go into the school doors, you lose some of your rights." But just because students' rights are limited doesn't mean the school has absolute power. "The school has certain rights of a parent and certain rights of a prison," Belsky said. Expression, religion and equality are other student rights that have become the topic of many legal battles. In the 1969 Supreme Court case decision Tinker v. Des Moines School District, Justice Abe Fortas wrote, "In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are persons under our Constitution." However, students' civil liberties can be and are infringed on. Belsky offered some red flags of violation. The first is that no teacher, administrator or school should impose religious values -- students have the right to privacy of thought. "A school cannot impose its ideology on students," Belsky said. "Teachers are government officials." The second is an interference with the personal educational process. If your teacher is preventing you from learning because you are black, Muslim, female or gay, for example, he or she is violating your right to free, quality schooling. The third is the school acting too much like a cop and going too far in the name of security. For example, Belsky said, the police cannot come in and do a wholesale locker search even with the blessing of a principal. While the school administration does have power over students, it cannot abuse this and must have some respect for students and their civil liberties. The final warning sign is interference with the democratic process. An example of this would be a school showing favoritism for certain student groups over others. A student's right to privacy is often in the spotlight. It has become the center of many debates concerning everything from searches to drug testing. For a school to conduct a search, reasonable grounds must be found "for suspecting that the search will turn up evidence that the student has violated ... either the law or rules of the school," as outlined in the Supreme Court case New Jersey v. T.L.O. If there is reasonable suspicion, anything can be searched, including book bags and cars. Gary Chronister, director of Student Assistance Programs at Broken Arrow Public Schools, outlined some limitations to searches. Personal searches of students can only be allowed in extreme circumstances. In such a case, the person conducting the search must be of the same gender with one witness present and the search cannot be excessively intrusive. Strip searches, though, are strictly prohibited. While searches of private property require some justification, lockers, desks and any other school property can be searched at any time and without any reason. Usually, schools are looking for prohibited materials, which can range from drugs to cell phones. Many students have no problem with this policy. "Privacy is important, but not as important as the safety of students," said Emily Duncan of Memorial High School. "So if that means rummaging though their bags and snipping the locks off their locker, then so be it. I have nothing to hide, therefore, I have no right to complain." Still, others feel that searches are a violation of civil liberties. "I don't believe the policy (of random searches) is right," said Jackie Smith, a freshman at Edison Preparatory School. The American Civil Liberties Union (ACLU) Web site advises students that if they are questioned or searched by a teacher, "Don't explain, don't lie and don't confess because anything you say could be used against you. Ask to see your parents or a lawyer." Cassie Rhea said at East Central, where she is a senior, the faculty is willing to help and direct students to the person where the problem can be addressed. Many students report that they are not aware of their rights in school. However, all Tulsa Public Schools students this year should have gotten copies of the student's rights and responsibilities handbook, which outlines the rights of students and their responsibilities while in school. That's not enough for some. "A student is only notified of the rules and regulations of the schools, not the freedoms within school," said Tess Igarta of Owasso High School. Kristina Pyles attends Jenks High School. She said students must find out about civil liberties for themselves. "The average student has no idea what their rights are," she said. Tulsa lawyer Lou Bullock has worked on cases locally that involved both students and school faculty. "Following Sept. 11, there is a tendency in society to compromise the rights of the citizen, and schools will be one of the first places to reflect that," he said. "If a student's rights are violated, they should not be afraid to stand up for themselves," Bullock said. "Students shouldn't feel powerless and they're not." One way to learn about students' civil liberties is the Internet. The ACLU's Web site, www.aclu.com, offers resources, updates on new legislation, information on important issues, and answers the frequently asked questions about students' rights. good end quote: Students need to learn the responsibility while in school so they know how to function in the real world, Belsky said. "The whole purpose of education is to acculturate you into society," he said.