Supreme Court Affirms Student Rights

Today's Supreme Court decision that the strip search of student Savana Redding was a violation of the Fourth Amendment is a clear affirmation of student rights and a stirring lesson about civics, law, and students’ constitutional protections.

But it's difficult to call anyone in the particular case of Safford Unified School District v. Redding a winner.

Certainly not the school district officials who have battled this case in court for years and have faced severe public disapproval over their decision to strip-search a 13-year-old girl for prescription-strength ibuprofen.

Not April Redding, Savana's mother, whose trust in school officials was broken after the incident and who has spent the past few years fighting for her daughter's rights in court.

And not Savana Redding, who was so traumatized by her experience that she didn't return to school after the incident and is still dealing with the emotional repercussions. She eventually transferred to other schools but never earned her high school diploma.

In an official statement ASCD Executive Director Gene Carter says, "We firmly believe this case highlights how intrusive student searches undermine the essential relationship between school personnel and students and their families, which should be built on mutual trust and understanding."

The good news is that the case sets an important and much needed precedent for school officials. Savana Redding says she is pleased with the ruling because she doesn't want other students to go through what she experienced. Experts agree that school officials, formerly given wide latitude to search for contraband in schools, will now have to carefully consider the intrusiveness of their searches and avoid strip searches except for the rarest and most extreme circumstances when the safety of other students and staff is in serious and imminent jeopardy.

ASCD's statement emphasizes that educators have plenty of disciplinary tools and measures to ensure student safety, as well as an obligation to act well before a strip search would ever be needed. The statement recommends that schools

• Prevent behavioral issues by teaching students to make appropriate choices.

• Foster strong, trusting school climates and an open dialogue between students and adults.

• Proactively involve parents and students in determining appropriate and solution-focused disciplinary action.

What do you think about the Supreme Court's decision? How can schools and parents work together to ensure the safety of all students while respecting individual student rights?

Comments

[stovebolt]

I have been an educator for almost forty years and recently retired after twenty years as a state education regulator. I agree wholeheartedly with the Supreme Court's ruling in favor of Savanna Redding. I do regret that they did not allow school administration to be held personally liable for their actions in this instance although I understand the courts reluctance to open the door for that kind of litigation in this and similar cases. As an education regulator I was always struck by the level of arrogance and self righteousness that seemed to afflict some administrators in the execution of their administrative duties. It seems that common sense withers under those conditions, hence the steady parade to the courtroom. Safford Unified School District administration needed to be better students of school law and should have sought better counsel in developing the district's discipline policies.

[Kim Cornwell]

I would add that the arrogance and self righteousness noted in the previous post springs eternal from an ignorance.

[Kim Green]

As an educator I am horrified that this incident ever happened! What in the world were these school employees thinking? My prayers are with the young lady that she can soon put this terrible ordeal behind her!

[William Douglas]

The one key that is being left out was these students that were invovled in this case were drug pushers and giving out alcohol. Quarterbacking after the fact is hard to do. When drug pushing is going on why wasn't the local police and sheriff's department notified? By letting law enforcement get invovled it can lead to the real culprits that is leading this. Overboard yes in some ways,getting law enforcement involved would have saved so headaches. In Nevada the parents could have been charged with "contributing to the deliquency of a minor". Why wasn't the parents charged with anything? Slow down and regroup sometimes as long as the child is isolated and unless it's extenuating circumstances you can legally detain a person for up to a hour according to court standards before you make a arrest or let them go. It's moving to where teachers are going to have to training in law enforcement duties as well as teach. Very, very tuff road ahead.

[janet mclemore]

To strip search a child is something nobody approves of, but sometimes we have to protect our children from themselves.Who knows how these pills were going to be used.Were they going to be sold to other children? Was she going to harm herself?Was she going to poison someone? Children have rights and they should be respected,but so many horribe things have happened in our schools in recent years we have to try to prevent more of these things from happening.