Pubdate: Mon, 22 Jan 2007 Source: Florida Today (Melbourne, FL) Copyright: 2007 Florida Today Contact: http://www.flatoday.com/ Details: http://www.mapinc.org/media/532 Author: Linda Jump, Florida Today Note: Does not accept out of town LTEs on drug policy DRUG DOGS IN SCHOOL FACE ROUGH GOING District Has Concerns About Palm Bay Plan PALM BAY - If city officials have their way, school resource officers at three Palm Bay schools will have drug-sniffing dogs as full-time assistants. But such an arrangement is far from a done deal. The district superintendent's office has asked questions about the necessity of such a program and raised concerns about expanded duties for officers and liability issues. City Manager Lee Feldman hopes to make a direct pitch to the school board about the need for the dogs, which would be trained to sniff out illicit drugs, gunpowder and possibly other substances. The city would provide the non-aggressive dogs at Palm Bay and Bayside high schools and Southwest Middle School, and hopes to also put a dog in its first municipal charter school, Patriot Campus, possibly as soon as next year. No date has been set for any meeting between city staff and the school board. Area Superintendent Tom McIntyre, one of three school officials who met with Palm Bay officials in November to see the dogs in action, said a majority of behavioral referrals stem from tardiness or disrespect, and at Bayside, for example, more than half of the reported drug incidents involved prescription medications that wouldn't be picked up by dogs normally not trained to detect them. "Don't get me wrong. One (drug incident) is too many," McIntyre said. "But for one-half of one percent of the referrals, do we need a full-time measure?" Furthermore, he said nearly all the weapons brought to school are knives that dogs couldn't detect. His biggest concern is more responsibility for already-overworked resource officers. Feldman said school resource officers have told him "there is a small but significant minority of students who use and bring drugs on campus" and wondered how many more cases would be discovered if dogs were involved. He said the city is ready to pay about $1,200 a year to fund the program on a trial basis. "We need to worry about making kids safe. The issues and the need is now," he said. School Superintendent Richard DiPatri, in a Dec. 4 memo to Feldman, wrote, "Placing a full-time drug dog on campus gives a public perception that drug use is out of control, and that is simply not the case." He said dogs would change the role of school resource officers. "Animals, even work dogs, require care, grooming and attention." And he questioned whether the dogs would bite if aggravated and how staff or students with canine allergies would fare. DRUG INCIDENTS RARE The district's policy for police dogs in schools is to use local and county police-trained dogs to sniff for bombs or narcotics with probable cause when students are not the buildings. So far this year, the three public schools that would host the canines have seen several dozen drug and weapons incidents among the thousand of behavioral referrals. At Bayside High School since August, 20 of 3,487 referrals were related to drugs, McIntyre said. In the 2005-06 school year at Southwest, school resource officer Heather Humes-Greene said she had four cases involving weapons and 4 involving drugs. So far this school year, she has had two instances of marijuana possession. But Humes-Greene favors bringing dogs in for more than drug deterrence. "They would help us bond with the kids. Some kids don't want to talk to me but you can build a relationship with the dog," she said. Palm Bay High Principal John Thomas said he'd need a lot more information before deciding about sniffer dogs in his school. "We haven't had any guns on campus since I've been here going back to 1998. Ninety-nine percent of students are excellent kids. I wouldn't want them to be worried about having dogs in the halls," he said. Shalini Mirpuri, a freshman at Bayside High, likes the idea of dogs that sniff for gunpowder and drugs, but questioned their use for less serious contraband. "For the betterment of the school to be safe, it's a good idea. But those who use tobacco or alcohol only hurt themselves." Steve Szilegyi of Grant, whose daughter Deanna is in eighth grade at Southwest Middle School, would welcome the dogs. "It's an excellent idea. The schools can't handle it alone and it would give the resource officers more tools." He's has no concerns about the dogs getting aggressive. "We have a dog. Most kids have a dog at home. The dogs probably behave better than the kids." WORD SPREADS Since the Sept. 11 terrorist attacks, and the mass shootings at schools in Littleton, Colo., and West Paducah, Ky., among other places, the use of trained dogs in schools has risen. Interquest Detection Canines of Houston offers school detection and deterrence programs using drug-sniffing dogs to 1,500 public and private schools in 22 states. The company does random sweeps in schools at $200 per visit, sniffing for everything from alcohol and tobacco to prescription and illegal drugs and gunpowder. Dogs check lockers, gym areas, vehicles, vacated classrooms, parking lots and school perimeters. Vice president Mike Ferdinand said they've never had one of their dogs bite a student. "People don't know how effective these dogs are. The first time you find something, the word spreads like wildfire. It gives you a barometer of what's on campus." He said once a school decides to bring dogs in, it's essential that administration, staff and parents understand how they will be used. Ferdinand claims his dogs found 200 guns last year on campuses nationwide, ranging from a loaded revolver hidden in a backpack to rifles on racks in parked trucks. ACLU CONCERNED While some law enforcement and school officials call the dogs a great tool, Kevin Aplin of the Brevard County chapter of the American Civil Liberties Union warns they can be misused. "Students do have constitutional rights," he said. "It's important that in their zeal for safe schools, those rights are not overstepped." Aplin said there must be cause for a search, and dogs should not be allowed to sniff students or their possessions randomly. "There are some constitutional as well as safety issues," he said. Aplin said school dogs could engender student distrust, and he and other critics say dogs create intimidation and fear. The ACLU filed a federal suit against school and police officials in South Dakota for a botched search with a drug-sniffing dog. Seventeen American Indian plaintiffs claimed a dog escaped its handler in a kindergarten class, chased screaming children and traumatized children in other classes who were scared of dogs. PRAISE FROM SCHOOLS Despite stories of dogs run amok, schools that use them tout their success. "It's having the intended effect. Parents want to do whatever it takes to stop drug and alcohol use," said Dana Shelburne, principal at La Jolla High School in southern California, where Interquest has offered its services for two years. "When we first suggested it, the PTA was polarized, but over the course of time, the majority is in favor." If a search shows contraband, Shelburne asks the student if he or she has contraband. "Then we call parents and tell then we found X,Y,Z. If they're under the influence, we call school police." Shelburne said student assemblies demonstrate the dog's effectiveness. "Dogs find beer on backpacks laid down at a party three days ago, or if they used marijuana the night before, the residue is on their chair." She said students have agreed to go into rehabilitation centers, citing the dogs' presence as their motivation. But it's not always about major finds. No weapons have been found at the school, and so far this school year, only nicotine has been detected. "The word is out," Shelburne said. "I can't control what they do a half block away or at home, but we know the school is safe." She said many students praise the dog program. "They don't want the peer pressure. The dogs give students a perfect excuse not to use." The Bay School District in Tampa is on its fourth sniffer dog. Judy Vandergrift, assistant superintendent, said dogs do random checks of lockers or parking lots. "You ought to stand by the restrooms when they hear the dogs are on campus. There's lots of flushes. You know they're getting rid of stuff." Sniffer dogs have been used in British schools for decades, and are popular in Canada, Australia, New Zealand and Sweden. EXAMPLES OF WHAT SNIFFER DOGS CAN DETECT Illicit narcotics including cannibis, cocaine, and heroin. Gunpowder from guns and bullets or from fireworks. Alcohol. Nicotine from cigarettes, chewing tobacco and cigars. Prescription drugs THE LAW ON DOGS IN SCHOOLS The U.S. Supreme Court hasn't ruled specifically on the use of sniffer dogs in schools, but in one case found "there must be reasonable grounds for suspecting that the search will turn up evidence that the student has violated . . . either the law or the rules of the school." A South Carolina federal district court in 2006 awarded $1.6 million to 140 students from the Berkeley County School District who were ordered to their school floor by police officers while dogs sniffed them for illegal drugs. No drugs were found. According to "Legal Guidelines for Student Searches at Public Schools" from the Florida Attorney General's office, there is no legal justification required for a canine sniff search. A spokeswoman for the state Department of Education said schools would need to follow the attorney general's guidelines for using sniffer dogs in schools. But because districts aren't required to report whether they use dogs, she couldn't say how many Florida schools have them in place. State case law says a search in a school, initiated by a school official, is subject to the less-stringent "reasonable suspicion" standard. A trained scent-sniffing dog may be walked around school lockers and grounds or vehicles without violating a student's constitutional rights. But a student can't be detained during the search. Case law also shows that an alert by a sniffer dog gives both school officials and law enforcement officers probable cause to conduct a search without first obtaining a search warrant. CURRENT POLICY Dogs are used in Brevard County schools as part of the process to sniff for bombs or narcotics only when students are not present. The district cooperates with the Brevard County Sheriff's Office and local law enforcement agencies in these instances. Beyond law enforcement, seeing-eye dogs are allowed in schools, and a group called Care to Read assists at-risk students in reading by using therapy dogs. - --- MAP posted-by: Elaine