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. - --- MAP posted-by: Richard Lake