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Due Process and Public Schools

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Presentation on theme: "Due Process and Public Schools"— Presentation transcript:

1 Due Process and Public Schools
What are your rights?

2 4th Amendment: Search and Seizure
Student expectation of privacy is low at school, especially since the Columbine High School shootings Since many schools have instituted “zero-tolerance” policies in regards to weapons on campus, more controversial investigatory techniques have been used Schools argue that given the need for school safety, the authority to conduct searches pre-empts a students right to privacy. While the real world requires “probable cause” for search and seizure, schools only require “reasonable suspicion”

3 What are schools allowed to search?
Your locker (considered school property) Your purse or backpack: only need reasonable suspicion Body searches: pat-down searches are allowed, but many states prohibit strip searches. IF you are subjected to a pat down search, it is usually conducted by a member of the same sex Canine searches: no expectation of privacy in the air; dogs explore what is in “plain smell” Drug testing: since the purpose is not punishment but “remediation and health,” schools may conduct random drug tests as a condition for students to participate in ANY extracurricular activity Cell phone or personal computer searches: only need reasonable suspicion Car searches: reasonable suspicion

4 Do you have ANY due process rights?
Very few; so far, the only real concession courts have given to students is that to discipline a student, the school must first provide the alleged wrongdoer with two rights: Specific information about the charges and evidence A chance to tell his or her side of the story


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