Strip searching school kids -- is World Net Daily a credible source?

[c_yeager]

Children should never be strip searched, let alone body cavity searched - period. Children are human beings and AMERICAN CITIZENS with rights, not faceless property of "The Government."

I know, I know - I'm guilty of sedition.

The full text of the bill was posted in this thread. Could you point out for me which part of it directly addresses the body cavity searching of school children?

 

[Malum Prohibitum]

No strip searches, no immunity.

It asks schools to write policies consistent with S.Ct. opinions.

A good bill, though, would ask schools to write policies a little more restrictive than prior S.Ct. opinions on the absolute limits of government power that do not violate the Fourth Amendment.

 

[silliman89]

In this case the World Net Daily was a credible source.

I disagree entirely.

Here is the only relevant section of the bill that I found, my emphasis added.

The measures used to conduct any search must be reasonably related to the search's objectives, without being excessively intrusive in light of the student's age, sex, and the nature of the offense.

Strip searches and cavity searches are excessively intrusive. They are as intrusive as it is possible to be without surgery. This bill specifically prohibits them.

World Net Daily lied to make this non-story inflammatory.

 

[shield20]

Don't know about WND, but this BILL states that a school/educational agency MUST have a policy THAT ALLOWS SEARCHES, based on ANY reasonable suspicion by a teacher (NO warrant, judge or whatnot)...

SEC. 3. SEARCHES BASED ON REASONABLE SUSPICION.

(a) In General- Each local educational agency shall have in effect throughout the jurisdiction of the agency policies that ensure that a search described in subsection (b) is deemed reasonable and permissible.

(b) Searches Covered- A search referred to in subsection (a) is a search by a full-time teacher or school official, acting on any reasonable suspicion based on professional experience


The bill then blackmails the school with this:

(a) In General- A local educational agency that fails to comply with section 3 shall not, during the period of noncompliance, receive any Safe and Drug Free School funds after fiscal year 2008.


So WHO defines "excessively intrusive"?, especially if one is looking for small containers of drugs? This bill did NOT "specifically" exclude them - but apparently left it up to the searcher/teacher and their professional expertise (??) - depending on what they were looking for - and if it is reasonable according to the "nature of the offense".

 

[silliman89]

this BILL states that a school/educational agency MUST have a policy THAT ALLOWS SEARCHES

Yes. The search they must allow though is defined in subsection (b). SEC. 3, subsection (b) concludes with the following.

without being excessively intrusive in light of the student's age, sex, and the nature of the offense.

Therefore anything that is "excessively intrusive" is not a "search" according to this bill.

So WHO defines "excessively intrusive"?

The Judge and Jury when you sue the school board for violating this statute with an "excessively intrusive" search.

I am not a lawyer. I don't even play one on TV. This is just what these words mean to me in common everyday English. There are plenty of lawyers on the board though. Maybe they'll weigh in ...

 

[Rezin]

There are no credible news agencies.

That being said, I think WND is tryinmg to get away from there old shock-style, and more to real news.

I still don't believe everything I read, but they occasionally have a gem.

 

[rbernie]

Don't know about WND, but this BILL states that a school/educational agency MUST have a policy THAT ALLOWS SEARCHES, based on ANY reasonable suspicion by a teacher (NO warrant, judge or whatnot)...

They already had that right, courtesy of TLO v. NJ. This bill would appear to force them to write down the specifics of how they'd do it, instead of letting them make it up as they go along. The discretion to EXERCISE the right to search is still left in the hand of the locals.

How can forcing accountability in writing for a latent authority be a bad thing?

 

[Jim March]

In 1999 WND was THE place to go for Y2K hysteria stories. We're talking at least one per day. Once 1/1/2000 rolled around and was a complete dud I vowed to remember and haven't paid much attention since.

 

[Don't Tread On Me]

My theory:


The more you treat children like criminals, they more they will act like criminals.



Our schools are beginning to resemble prisons more than learning institutions. Metal detectors, body cavity searches, cameras...proposed uniforms.

 

[c_yeager]

This bill doesnt provide any new authority or rights to school systems over children. All it does is require schools to have a uniform policy ensuring that it doesnt violate the existing rules that are in place. The idea seems to be to ensure that schools are protected from liability due to violating existing law, and students are protected from being subjected to unreasonable search.

 

[Thin Black Line]

The bill then blackmails the school with this:

(a) In General- A local educational agency that fails to comply with section 3 shall not, during the period of noncompliance, receive any Safe and Drug Free School funds after fiscal year 2008.

This is how the entire gov't funding system works at all levels and in all
areas: education, healthcare, law enforcement, etc. Name any kinds of
service that receives a dime of public money and there are strings atttached.

I have never heard of a school staff member ever doing a "body cavity
search" on a student and anything that went beyond emptying pockets
resulted in lawsuits. Schools are well aware that they are not the TSA.
If there's some question of something being hidden on someone's person
or something requiring further investigation as a potential criminal/child
welfare matter, they call the cops. The student is hauled out and parents
meet them later. What happens with cops and latex gloves after that is
anyone's guess, but in any case the student will be detained.

While detained it is no problem to get a state child welfare/health agency
to file a petition and get a court order. My favorite petitions were always
the ones that were signed by the agency's attorney in advance with the rest
of the form blank to be filled out as cases popped up......

People, I'm not really sure what "new" things this law will do.