Locker Searches in Middle Schools

Links:  

"Random Searches of School Lockers Ruled Unconstitutional", 1998

(http://www.enforcergraphics.f2s.com/sep98.htm)

A closer look at when locker searches can and cannot occur. Locker searches in middle schools do have limitations. Locker searches must be reasonable, in that there must be some sort of evidence that supports the suspicion. In Re Adams and New Jersey vs. T.L.O. cases are explored.
"Model Policy on Searches of Pupils’ Lockers and Locker Contents", 2000

(http://www.michigansafeschools.org/lockers.htm)

This is a proposed policy for the Michigan school districts. It is a great guide to help middle schools as they develop their own locker search policy. Contents include the legitimacy of school lockers, searches, and seizure of locker contents.
"Students Rights Handbook: Locker Searches"

(www.everett.k12.wa.us/families/handbook/3232.html)

Random searches of student’s lockers can occur. Students may not use lockers to keep items that are against school policies. In the some searches of lockers, law enforcement officials may be contacted.
"School Search Reference Guide 1999"

(www.wa.gov/ago/ourschool/2_search/AppendA.htm)

Examined in the Washington state supplement, are descriptions of how or why searches would occur in schools. The types of searches include ones that middle schools can use, such as locker searches and "body cavity" searches. Rules are given for these searches, as well as a definition of a "firearm", and penalties for having such an object in a school.
"Searches"

(www.aclunc.org/students/guide/searches.html)

A description of whether or not teachers, principals or other school officials can search students. Lockers are not the private property of middle school students, but are property of the school.

Books:

Bonilla, D.M. (Ed.). (2000). School Violence, 72. New York: The H.W. Wilson Company. This is an easy to read book containing several articles and excerpts from books about violence in American schools. All of these articles were written by different people, from different states, from different points of views, offering suggestions as to why, what, and now what, towards violence and safety in schools. Articles discuss who is to blame for this violence, descriptions of some of the nation’s worst violent acts in schools, as well as what officials are doing now in response to these acts. Articles also discuss preparing for those critical moments, zero tolerance, and school safety standards. Every school, elementary through college, should have and implement school standards to ensure the safety of every student.
Ehlenberger, K. R. (2001-2002). The Right to Search Students. Education Leadership, 59, 31-35. This article addresses issues on the validity of searches, when can middle school students, their property, or lockers be searched, and what type of search can occur. It also provides that under the Fourth Amendment students in public schools have the right to be free from unreasonable searches; but, while the students are in the middle school, this right is reduced due to the fact that schools do need to maintain a safe atmosphere. However, school officials do need to have reasonable grounds for which the search will occur, as well as that the search is related to the objectives of the search. This article also provides evidence from other court rulings where searches have and have not been allowed. For law enforcement officials who do come into middle schools, they need to have probable cause as to why the search should occur, and why that particular student is the one who will be searched; whereas school officials need reasonable suspicion. This article elaborated on the fact that most of the search policies that are effective in schools are those that are developed by the entire community, not just the school officials and police department. By having these policies, middle schools can better determine what searches are legal and illegal, what types of searches can occur and when, so that an understanding from the entire school community is reached, and problems will not arise later.
Elliot, D.S., Hamburg, B.A., Williams, K.R., (Ed.’s). (1998). Violence in American Schools: A New Perspective. New York: Cambridge University Press. This is a book that relates school violence to factors inside and outside of the school, as well as preventative methods that can be taken in and out of the school. Several reasons as to why violence occurs in middle schools are discussed. This book goes into detail about what exactly is violence among youth, as well as the types of training school officials need to be getting in order to effectively reduce the occurrence of violence in middle schools.
Erb, T. (2000, May). Interview with Gerald Bourgeois: Voice of Experience on School Safety. Middle School Journal, 5-11. In this article, aspects of a safe middle school are described, as well as suggestions for middle schools to help them create safe school environments. From this article, a typical safe school is one that is not only safe from physical harm, but also has a positive environment from which the students can truly learn. In schools such as this, students feel safe when they go to school, and they feel comfortable with at least 1 adult at the school in whom they can confide. Also in these schools are high expectations for all students so that all students can become successful academically and socially. By being successful in these 2 very key aspects of middle school student’s lives, the chances of infractions upon the safety of a school are decreased. Most importantly, schools need to utilize the community when implementing programs to promote safety.

Copyright 2002
EDU 262 Web Project
Jennifer Preston, Julie McCubrey, Chrstina Gratto, and Charlene Archer
University of Maine at Farmington