Search and Seizure Understandings

The greet of steel to steel, the fumble of a key: a locker door is flung wide, the contents beyond quickly examined. There was no permission given to see them. There were no questions asked. Instead the locker was merely commandeered by a principal, was forced open. And the results of a search offer illegal substances, the dangerous addictions. They’re stacked so neatly inside.

And the owner of those drugs — a student, summoned from class — is already howling about his rights, the violations of amendments. He is to be protected from unlawful seizures (he remembers that from the endless television shows he’s watched, the Miranda codes he’s heard again and again). This isn’t legal, he argues. This isn’t fair.

But it is — and students must understand why.

In the majority of scenarios no search can be conducted with proper cause (and an accompanying warrant). Homes, businesses and personal property are to be secured against random quests and police interference. Individuals have expectations of privacy and these must be protected.

School lockers, however, are not awarded such favor. They belong to the educational system, not to the individuals who are using them for the year. This translates to a complete lack of the aforementioned privacy. No students can claim that they were violated as they did not own the lockers that were searched. They merely borrowed them and this is not enough to sustain an unlawful seizure claim.

The rights of students are as vital as those of adults. There are distinctions, however, that must be made — and this is one of them. The safety of all within a school must be maintained; and lockers must be made available to any inquests that are necessary. The need to secure the majority outweighs all individual freedoms.

All students must recognize this and be aware that their lockers do not belong to them. They cannot therefore demand privacy. It will never come.

The Private Distinction: Student Rights

It’s an expectation of freedom. It’s a belief that students are to be protected. But such certainty is undone in a singular moment — when a child is declared to be acting unlawfully, is demanded to leave. He is, of course, stunned. He assumed his rights to be secured, that his privacy would be paramount. It wasn’t, however, and he’s told there is nothing he can do about it. His grievances provide no relevancy. His concerns offer no weight. He is instead to vacate the premises and is warned not to return. This is the school’s decision and it is final.

It is also correct — if the institution is private.

Private schools (where individuals must pay tuition fees and have to be accepted for enrollment) are not formed of the same standards as their public counters. Course selection, class size and student admissions are all based upon specific requirements — and this philosophy applies even to pupil rights.

While in these organizations no violation must be held to the standard of In loco parentis. Simply defined, In loco parentis is the belief that schools must make judgments as parents would. Amendments are tamed to the contexts of age and responsibility; but those contexts must be proven reasonable within a court of law. All attempts to curtail student rights must be able to withstand the scrutiny of judges.

Private facilities, however, are not burdened by the need to prove their decisions. All rights can instead be ignored if they do not meet the demands of the school’s particular code.

And this distinction is vital.

Students can have no true expectations of protection while attending these institutions. They will be governed by rigid rules and ethics, rather than the typical legalities. This must be understood and recognized as a potential burden. The desire for an education may conflict with a desire for amendment standards. And all must decide which element is more worthy.

Freedom Defined: Student Press Rights

Deadlines are looming. Keyboards are clattering (with words typed out with caffeine induced speed). A school paper must be finished before the evening is through, rushed to the printers to be ready for tomorrow — and an editor is thrilled with the work she’s witnessing. All articles are being shaped to revolution. All headlines are bold with the promises of change. It’s the intention to debate school policies, to offer student assessments. And these are not to be the simpering cliches. They are instead filled to anger and casual obscenity: wishing to spark reactions through drama.

Such drama, however, will never be received. It will instead be reported to the faculty and erased — and all members of the press will have to face the consequences.

It is an all too simple assumption that student presses are protected by the First Amendment. All believe them to be without censorship, able to explore all facets of writing. This belief, however, is wildly inaccurate. There are several limitations to be offered to these papers and they must be understood.

Student presses are not provided the free speech assurance. All articles must refrain from inflammatory remarks or questions. There can be no use of profanity or support of illegal activities (such as drug and alcohol consumption). And no editorials can encourage pupils to go against the established codes of the school — disrupting education and putting safety at risk.

Instead each paper must follow a specific standard of rules (these will be supplied by the schools themselves). Failure to adhere to these rules can result in the dissolution of the press and the suspension of all involved students: an action that cannot be contested in a court of law.

The ability of expression is considered secondary when it can influence the opinions of others in a negative way. Students must recognize this and be aware of what power their words can provide. Their rights are limited in ink.

Virtual Bullying, Real Pain

It’s happening again — your child is crying in her room, hiding beneath her sheets. She won’t confess the reasons. She won’t admit the pain. But the proof is all too obvious, is heard with ever sob, seen with every shudder. And you know all too well what the cause is: a computer screen is still awake, shivering with the updates of forums. There are words sprawled across the page, vicious in their brevity, young in their misspellings. They were offered from her classmates; and she is now overwhelmed.

You are instead angry.

Virtual bullying is an epidemic among children and young adults. The joys of the Internet have been shaped into a greet of unkind words and constant teases — all mockery now conveniently offered through chat rooms and forums. The social networking influences have been redefined; and the cost is anxiety.

It is estimated that 20 percent of all middle school and high school students have received unwanted texts or emails (all with the intent to bully). 56 percent of these individuals knew their attackers, but only a dismal 10 percent dared to inform a parent or authority figure. The rest remained silent, too intimidated to speak, too worried of the repercussions — the accusations of being weak, the persecutions earned from tattling.

Each day thousands of children become the recipients of offensive (and damaging) messages. They’re targeted in their homes, are unable to find any form of relief. Instead their every second is filled to worry — and this causes intense feelings of fear, depression and suicidal considerations.

This must end.

Parents must be aware of who their children are conversing with and what is being said. If bullying is suspected, your son or daughter must be made to confess it; if only so you can then take the necessary precautions of alerting the school and confronting the many aggressors.

Don’t allow virtual bullying to continue. Help instead to make it stop.

The Truth of Bullying

The schoolyard is a battlefield. You remember this all too well from your childhood, understand that teens can be vicious toward each other. The intention is to establish dominance, to secure social status. And you can recall the feelings of anxiety, the worries of being accepted.

Such feelings eventually fade, however. You think therefore that there is no reason to be worried when your son admits to occasional teases, the infrequent bullying. It is part of growing up and you don’t wish to interfere with him.

Perhaps you should — because, if your child is willing to confess even minor mockery, there is a chance that he is suffering from far worse.

Teens will rarely speak of bullying. It is considered a weakness to run to parents, to ask for help. They try instead to handle the problems themselves, wanting to refuse all adult aid. From the 77 percent of children that are bullied each year, only 10 percent will inform their parents. Over half of these individuals, however, will consider some form of retaliation — and it’s estimated that 100,000 students bring a type of weapon to school each year (typically a handgun) in preparation for such things.

These numbers are worrying, if only because they should not be allowed to exist. Bullying is not to be considered a simple part of life, accepted by all as common. It’s instead to be combated, with parents intervening and offering the necessary support.

Your child does not deserve to harassed — whether mentally, physically or through cyber communication. He instead should be allowed to attend school without fear of aggressors and insults, able to focus on his education instead of hiding from others. It is vital therefore that you become fully involved with his life. And, if he confesses to being bullied, you must understand the relevancy of this.

It was not easy for him to offer a secret. You must respond with the essential aid.

State Replies: Bullying

Protection is to be without boundaries. Rights are to be secured without concern. All states are to offer certainty for you and your child — assuring that he is afforded the same aids you are, able to be defended against slander and physical harm. But this belief is not as guaranteed as you once assumed it to be.

Because your child — who is being mocked at school, who is sobbing now at home because he can find no relief — is offered no legal help. Your state has crafted no legislation to address the issue of bullying. Instead there’s only the reply that schools are to make all decisions. You’re on your own.

This… stuns you.

And it should.

As of 2010 there are five states that do not offer any form of bullying laws. These are Michigan, North Dakota, South Dakota, Hawaii and Montana. The District of Columbia also has no available rules. And individuals living within these areas should be shocked to learn that few — if any — efforts have been given to change the current standards.

These states cling to the notion that bullying is not a crime that can be dealt with by the government. All concerns are instead given to budgets and crime rates, not the schoolyard scuffles. But this is a problem that is on the rise — with 77 percent on all students mocked each year, and many of those (14 percent) contemplating suicide because of the teases they have suffered.

Those statistics are (naturally) upsetting to all parents; and the demand for laws has been made. All other states have passed a form of legislation. It is the public’s duty therefore to see that the previously mentioned five do the same. Contact representatives. Create petitions. Being letter campaigns. All efforts will be vital in changing the legislation and enabling a safer future for your child.

And that should be a necessity, not a mere wish.

Records, Disclosure: Student Rights

There is intrigue in pages. There are secrets hidden with a folder. A permanent record is forever mentioned but is never seen — deemed essential but always tucked away, kept from students and their curious eyes. All grades are collected within it. All teacher assessments are kept inside. And you… want access to these. College is soon to begin, and your history will be passed along to a new administration. You want a copy of it for yourself, a reassurance that all information is correct. You don’t think you can receive this, however. It has always been named impossible.

It isn’t.

All records regarding you and your education are to be offered to you whenever you ask for them. This is an undeniable right — and yet it is one most students do not understand.

Permanent records are not to be ignored, shielded from sight. They are instead to be provided. A simple request must yield results. And this is guaranteed by the Family Educational Rights and Privacy Act (more commonly called FERPA).

Established in 1974 FERPA is a federal regulation that offers control of student records to the students themselves. They can — according to this statute — obtain their files when they wish, have them amended as needed and also regulate who can access them at later times. Disclosure is the desire of the individual and not the school in almost all situations. The only exemptions to this are suitably ranked faculty members and government officials.

Despite the revelation that FERPA offers, however, it’s often overlooked by students, not understood as relevant. Its promise of privacy and control is one that should always be recognized but too many don’t even know of its existence. This is unfortunate. It offers young adults the opportunity to gain essential information and learn of their own school careers. This must be noted by all and used as needed.

Your files, your rights: the two are now tangled.

Seeking Signs: Bullying

Your child has changed — the days have marked him anxious, hiding in his room. He begs to be excused from school; he pleads to remain at home. All expressions are strained. All gestures are worried. He is nervous with every breath and you suspect bullying.

He won’t confess this, however. He instead denies it, claims there is nothing to be concerned with. But his distress is palpable and you know the truth — even if he won’t admit it. He’s being harmed at school. And you wonder how you didn’t notice until now.

The signs of bullying are often ignored. Without the obvious bruises and tears, children can shield their worries: deceiving their families and refusing to voice their fears. It is essential therefore that parents understand the early warnings and address the issue as soon as possible.

Look for these symptoms:

One: Constant claims of illness. There are excuses each morning, feigns of disease (all exotic and impossible to diagnose). Your child swears to being ill, refuses to leave the bed; but you can’t even feel a fever on his brow. Students will often make excuses to miss school when being bullied. Truancy is a common problem.

Two: Frequent needs for money or possessions. Dollars are misplaced; books are lost; supplies is left at school. These are the words you hear each day, offered when you confront your child about his missing items. Individuals who are in perpetual need for basic supplies or lunch money are often being bullied — with their aggressors stealing from them. Take note of exaggerated bouts of forgetfulness.

Three: Emotional withdrawal. You remember laughter, easy smiles. Now, however, you receive only the briefest of nods. Your child has become silent, will not speak of school or friends. This is the most obvious indication of bullying and should be noted immediately.

These signs must be understood by all parents. Monitor your child’s behavior and recognize the effects of mockery.