Pubdate: Fri, 05 Oct 2007
Source: Honolulu Star-Bulletin (HI)
Copyright: 2007 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Alexandre Da Silva
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/find?237 (Drug Dogs)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

SCHOOLS' DRUG-TEST RULES DEBATED

The state Board of Education could not agree last night on whether to 
let school administrators open students' lockers to look for 
contraband whenever they want, remove some of the students' clothing 
during searches and expand a drug-sniffing dog program to improve 
safety on campuses.

After more than three hours of debate, board members deferred a vote 
to adopt sweeping revisions to the 6-year-old student misconduct 
code. The changes would still need to go to public hearings and 
receive Gov. Linda Lingle's signature before taking effect.

Board members, who have been struggling with the issue for months, 
have held several meetings in which they were warned about possible 
legal implications of the new rules but also were praised for 
considering broader controls and stricter penalties aimed at curbing 
drug use and violence at isle schools.

University of Hawaii law professor Jon Van Dyke advised the board to 
reject the changes, saying the suggested locker searches and dog 
sniffing without reason or cause would violate state and federal laws 
outlining student rights.

"What this proposal does is assumes that they are all criminals, that 
they are all drug users," he said in testimony that lasted for 1 1/2 
hours. "If we teach them that they are worthless, that they have no 
right, then that will rebound to our detriment."

But Justin Mew, principal of Niu Valley Middle School, urged members 
to adopt the document, noting it was compiled with the help of the 
state attorney general's office.

Mew, who was among a committee of educators who drafted the rules, 
said, "We were committed to a safe learning environment."

School board member Mary Cochran, one of the strongest backers of the 
revisions, said members were facing "a dilemma."

"We know that drugs and alcohol are in our secondary schools," she 
said. "How do we tackle that?"

The American Civil Liberties Union of Hawaii objected to several 
provisions, including one that permits school officials to take off 
students' trench coats, jackets and oversize pants during searches. 
While current rules bar removing clothing that would expose genitals 
or breasts, the group cautioned that some students might not be 
wearing anything below coats, jackets or baggy pants.

The ACLU argued that the locker searches and drug dogs -- as well as 
another clause that allows administrators to punish students for a 
cyberbullying offense even if they used an off-campus computer -- 
could all lead to privacy or free-speech lawsuits.

Although the proposals have been controversial among policymakers and 
civil rights advocates, the 15-person Hawaii State Student Council 
supports both the blanket locker searches and the dog program, said 
member Jillian Oyama, a junior at Kaiser High School. She said giving 
principals access to lockers at any time sends a strong message that 
illegal substances are not tolerated. 
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MAP posted-by: Richard Lake