The Battalion. (College Station, Tex.) 1893-current, January 17, 1985, Image 16
Page 16/The BattalionThursday, January 17, 1985 WORLD AND NATION U.S. Supreme Court favors types of student searches Associated Press WASHINGTON — For years, President Reagan and other critics have complained that the courts have given too much liberty to stu dents and taken too much authority away from teachers. Now the highest court in the land may have redressed the balance of power with its decision allowing school officials to conduct “reasona ble” searches of students for drugs or other contraband. The Supreme Court, in its 6-3 rul ing Tuesday, said students do not foresake all of their Fourth Amend ment rights against unreasonable searches when they walk in the schoolhouse door. But it said teach ers and other supervisors do not need to meet the police standard of “probable cause” or obtain a court warrant before conducting a search. The Reagan administration had filed a brief on the side of the Pisca- taway, N.J., school officials who had searched a 14-year-old freshman’s purse after she was caught smoking. The search turned up rolling pa pers and marijuana, and the girl later was found delinquent after ad mitting to police she had sold mari juana cigarettes to classmates. The New Jersey Supreme Court over turned the delinquency finding, rul ing that the search had violated the student’s rights. But the nation’s high court now has reinstated the delinquency verdict. Reagan has been calling for re storation of “good old-fashioned dis cipline” as part of his crusade to ex hort schools to raise their academic standards. He complained last February, “for too long, courts and others have con centrated on protecting the rights of the disruptive few. Well, it’s high time we paid some attention to the rights of the well-behaved students who want to learn.” A White House staff report on discipline problems a year ago stressed the importance of defend ing the rights of educators in cases where they were pitted against the rights of students. Gary Bauer, deputy undersecre tary of the Department of Educa tion, who helped craft that discipline report, said teachers “can’t be law yers and policemen at the same time. We feel the standards that teachers and principals have been under have been too severe.” Gary Sykes, a former National In stitute of Education researcher now at Stanford University, wrote in The Wilson Quarterly last January that students “have gradually acquired a broad array of First Amendment rights in the classroom” since 1943, when the Supreme Court ruled in West Virginia vs. Barnette that stu dents could not be compelled to sa lute the flag. In the case. Tinker vs. Des Moines schools, the late Justice Abe Fortas wrote that students do not “shed their constitutional rights to free dom of speech and expression at the schoolhouse gate.” August Steinhilber, a top official of the National School Boards Asso ciation, hailed the new ruling. Some schools, particulany those fighting daily battles to keep drugs or weapons out of their precincts, may now be quicker to search stu dents who are suspected of wrong doing. But the court’s emphasis on “rea sonableness” may inhibit teachers from ordering a classroom full of children strip-searched when money is missing, as happened in one school district recently. The most important point is not the ground rules the high court set for searches but the message it sent to educators, students and parents alike. That message is that discipline takes precedence in schools over stu dents’ rights to privacy. SHOE r LOOK. I'M THE BPITOR AKWPWKE.ANPIFI gAYWEtWECONESBURV we vm? 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