RE; Searches of Students

Status
Not open for further replies.

maryburk

New Member
My son is 12 years old and attends an elementary school that is K-8. He is in 6th grade and last week I received a phone call from my sons School, The asst principal. They wanted to have me call them back. I called back immediately and was adviced that my son was pulled out of his classrom and they conducted a search, They patted him down,made him remove his shoes, socks, and searched his back pack. I normally wouldn't have an issue with this. HOWEVER, they were accusing my son of bringing illegal drugs to school. The search recovered absolutely nothing at all. After doing some reading on different court cases it has left me wondering if what they did was legal. The laws stated they May conduct a search by a school official "IF" there is probable cause that the student is endangering themselves, other students, the students past history, Current History. Well first off my son has no history weather good nor bad at school. He is in Special education and has been diagnosed with Aproxia. He may be 12 physcially but mentally his learning is that of a child in early second grade. During this search, my son was totally humiliated, and scared to death. it actually turns out that they searched my son because my son walked in on a student smoking pot in the boys bathroom the day prior and the other boy told my son if you tell on me I will tell them you are lying and it was you who did it. Well turns out the source was actually the other boy, When my son told them what had happened, they searched the other boys back pack and that was about it. When I questioned the school about this matter, I was told the other boy has personal issues at home, and they understand he has alot to do deal with. OK Well fine, they are making excuses as to why he does what he does, BUT What gave them teh right to search my son down to his bare feet without my consent? Or me being present or even telling me prior to the search? Is this legal for them to do this? We live in Arizona and I believe the laws are the same from state to state?
 
It sounds to me that you are more upset over the manner in which the school conducted a search rather than the fact that they may have done a pat down and a little more. This is something you should take up with the principal. I don't think that there is a legal issue here that is worth your while to pursue. I'm also sure that you are sensitive to issues dealing with your child who is not like other children. Perhaps a good letter/talk with the principal will help you out in the long run and also put the school on notice of having to deal with your child (as well as other children) with more care and sensitivity.

My son is 12 years old and attends an elementary school that is K-8. He is in 6th grade and last week I received a phone call from my sons School, The asst principal. They wanted to have me call them back. I called back immediately and was adviced that my son was pulled out of his classrom and they conducted a search, They patted him down,made him remove his shoes, socks, and searched his back pack. I normally wouldn't have an issue with this. HOWEVER, they were accusing my son of bringing illegal drugs to school. The search recovered absolutely nothing at all. After doing some reading on different court cases it has left me wondering if what they did was legal. The laws stated they May conduct a search by a school official "IF" there is probable cause that the student is endangering themselves, other students, the students past history, Current History. Well first off my son has no history weather good nor bad at school. He is in Special education and has been diagnosed with Aproxia. He may be 12 physcially but mentally his learning is that of a child in early second grade. During this search, my son was totally humiliated, and scared to death. it actually turns out that they searched my son because my son walked in on a student smoking pot in the boys bathroom the day prior and the other boy told my son if you tell on me I will tell them you are lying and it was you who did it. Well turns out the source was actually the other boy, When my son told them what had happened, they searched the other boys back pack and that was about it. When I questioned the school about this matter, I was told the other boy has personal issues at home, and they understand he has alot to do deal with. OK Well fine, they are making excuses as to why he does what he does, BUT What gave them teh right to search my son down to his bare feet without my consent? Or me being present or even telling me prior to the search? Is this legal for them to do this? We live in Arizona and I believe the laws are the same from state to state?
 
Status
Not open for further replies.
Back
Top