Monday, April 20, 2009

Can Schools Strip Search Students ?

Is it proper for school officials to strip search a 13 year-old eighth-grade student? And if so, under what conditions should it be allowed? These are the questions to be answered in a case to be heard by the United States Supreme Court.

The case comes from Arizona, where a 13 year-old middle school honor student was suspected of possessing some prescription strength Ibuprofen pills (the equivalent of about two Advils). The girl was brought to the school office and her backpack was searched. When nothing was found there, the principal ordered the girl to accompany a secretary to the nurse's office. Once there, she was strip searched by the nurse and secretary. Once again nothing was found.

But the child's mother was incensed at the search, which she felt was improper. She filed suit against the school. A federal magistrate and a federal appeals panel both dismissed the suit and said the school had done nothing wrong. But last summer, the 9th Circuit Court of Appeals found differently. They found the search to be an "invasion of constitutional rights". The school district appealed and the case will now be heard by the U.S. Supreme Court.

I'm afraid I have to side with the mother in this case. Just what was the compelling justification for a full strip search? It's not like the 13 year-old was accused of dealing a dangerous drug like heroin to her peers. She was an honor student who had never been in trouble before.

But even if she had been a trouble-maker who was suspected of possessing a far more dangerous and illegal drug (or weapon), I still think the school probably went too far. Could this not have been handled by a search of her locker, her backpack, and a pat-down and pocket search of her person? Was a strip search really required?

Early teen individuals are just beginning to establish their individuality and self-confidence, and most are unsure-of and embarrassed by their developing bodies. Forcing them to strip in front of school officials (even same-sex officials) is a very serious matter and could do psychological harm to the child. I'm not sure I could even approve of a high school student being strip searched by school officials, let alone a middle school student.

This school went too far, and I doubt it is the only one doing it. Hopefully, the Supreme Court will make that clear, and set limits on this kind of action by school officials.

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