Pubdate: Mon, 29 Jun 2009
Source: Seattle Times (WA)
Copyright: 2009 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Referenced: The ruling http://drugsense.org/url/ewgAsKhd
Bookmark: http://www.mapinc.org/people/Savana+Redding
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/topic/strip+searches

SUPREME COURT REAFFIRMS BOUNDARIES FOR SCHOOL POLICIES

Leeway ought to be given to school officials to enforce 
zero-tolerance policies for drugs and violence. But it is not tying 
their hands to ask authorities to respect a student's basic rights.

THE U.S. Supreme Court ruling in favor of a 13-year-old girl 
strip-searched by school officials appropriately thwarts officials 
who might overreach in the name of enforcing zero-tolerance drug policies.

Justice David Souter wrote for the majority and offered one cogent 
point after another about the need for boundaries in enforcing school policies.

Authorities at the Arizona middle school would have been justified in 
their 2003 search had they confined it to the girl's backpack and 
outer clothing. But when they searched her undergarments, exposing 
her breasts and pelvic area to some degree, the search went from 
reasonable and legal to an "embarrassing, frightening and humiliating 
search." Souter said.

Savana Redding, now a 19-year-old college student, was suspected of 
having prescription-strength drugs, which are banned in school 
without prior permission. The search was a breathtaking example of 
overreach. The suspected contraband was not illegal drugs or powerful 
ones that might have compelled heavier measures in the interest of 
student safety.

The court's ruling was nearly unanimous, with Justice Clarence Thomas 
the sole dissenter.

A larger argument within the context of the case drew a more mixed 
reaction from the court and promises to remain a focus of debate in 
education circles. The majority opinion protected the assistant 
principal who ordered the search from liability, noting that "parents 
are known to overreact to protect their children from danger, and a 
school official with responsibility for safety may tend to do the same."

Justices John Paul Stevens and Ruth Bader Ginsburg disagreed. 
Ginsburg pointed out correctly that the assistant principal committed 
humiliating actions, including making Redding sit in a chair outside 
his office for more than two hours and failing to call her parents.

That doesn't sound like action taken in the interest of student safety.
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MAP posted-by: Richard Lake