Proposed changes on student searches, privacy

On Feb. 11, the Shelton School Board gave preliminary approval to changing its policies on searches of students and student privacy.

The board can vote to make the changes final at its regular meeting at 6 p.m. Tuesday in the Mountain View Elementary School cafeteria.

The policy was last revised in 2004. Members of the school board did not comment on the proposed changes Tuesday or vote on them. No one from the public commented on them.

The proposed revision gives the students more confidentially rights and changes who is allowed to search them.

The wording that a student “is subject to search by district staff” is changed to a student “and their property may be searched by a principal or a principal’s designee” if reasonable grounds exist to suspect that evidence of a violation of the law or school rules and then adds “pertaining to suspected contraband, weapons, dangerous materials or illegal activity” will be uncovered.

The proposed change adds the following to the section on “establishing reasonable grounds”:

“A search may occur if the principal or a principal’s designee has reasonable suspicion that the search will produce evidence of unlawful activity or a violation of a school rule pertaining to suspected contraband, weapons, dangerous materials, or illegal activity. To determine whether reasonable suspicion exists, consider the following: 1) What information is the suspicion based on? 2) Is the information reliable? 3) Is the person who shared the information credible? 4) If a search is conducted, what is the likelihood that evidence of unlawful activity or a violation of a school rule would be found?”

Under the rule for locker, desk and storage area searches, the new language states “Accordingly, students have no expectation of privacy in the lockers, desks and storage areas they use or are assigned.” It also adds, “However, to search containers within a student’s locker, desk, or storage area, reasonable suspicion must exist that the search will yield evidence of a violation of the law or school rules pertaining to suspected contraband, weapons, dangerous materials, or illegal activity.”

Regarding adult students, emancipated minors and confidential health information, the proposed revision adds this language:

“Student law provides that at certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents, and what activities the student will participate in. At age eighteen, students become a legal adult and must approve any disclosure of information about themselves from school records, except directory information if a request for confidentiality has not been filed. Students at age eighteen may also sign releases, authorizations, or permission slips to participate in school activities, and may sign themselves out of school and authorize their own absences.

“Students between sixteen and seventeen who have been granted legal emancipation from their parents or guardians have the same rights as eighteen-year-old students. Students over fourteen years of age have confidentiality rights in records indicating that they have been tested or treated for a sexually transmitted disease. Students thirteen years and older have confidentially rights in records regarding drug, alcohol, or mental health treatment. All students have confidentially rights in relation to family planning.”