Drug-sniffing dogs to conduct random drug sweep in schools? Yes! However, not all parents are happy with this practice. Consequently, a couple brought their complaint to court. When the lower ruled out that it was legal, they elevated the case to the Supreme Court.
On the grounds that such practice is infringing on parents’ rights, Harold and Marianne Burbank filed a lawsuit against a high school. It stemmed from the incidence when their daughter was “illegally searched”. They said schools should uphold parents’ rights to guide their children’s upbringing. But even the high court did not favor them. It said the lower court’s ruling should stand – that the practice is legal. This unanimous decision for the 2009 case would be published in the Connecticut Law Journal this January.
Some details of the ruling indicated the right of schools to protect its students. The duty to eliminate drugs in the campus is one of those. It also added that privacy in schools should not be equated with privacy elsewhere. Furthermore, the drug-sniffing sweep as conducted was not a search as contained in the law.
Giving less weight to the Burbanks’ case was the fact that their daughter already graduated. This means she is no longer in the said school. The court used this fact to say that the couple can no longer challenge the school policies. They could only do so if they are still affected, but this time they are not. The Burbanks asked the court to either disallow the random sweep or inform parents before conducting it.
The parents also questioned the manner the random sweep was conducted. According to them, the practice had some violation of students’ rights. Lockers and cars of students were checked using drug-sniffing dogs. Some students were pulled from their rooms to watch officers as they conducted the activity. While this was being done, students were kept in classrooms. The whole school was locked down. This, according to the parents, was illegal restraint.
It seems that there is a need to revisit the policies on school drug testing policies. With such allegations as to privacy rights violation, should the courts think again? However, schools are places of developing character. School authorities have the responsibility of maintaining a drug-free environment. Above all else, this should be supported by all stakeholders.
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1 comment:
Jose Niro Romano Nillaca, in the article titled “Dogs: Sniffing Away Privacy In Schools?” I feel that Mr. & Mrs. Burbank have a valid point when they say “schools should uphold parents’ rights to guide their children’s upbringing”, however, I disagree to an extent because parents’ can do a wonderful job raising their children but sometime peer-pressure can influence the choices teens make. Some of the best raised children do the most attention seeking things. I will say this does not apply to all teens as some may/do not fall into the trap of peer-pressure.
Shantel
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