Portsmouth School Committee to discuss policy on locker searches Tuesday

Legislation priorities also on meeting's agenda

Posted 12/8/17

PORTSMOUTH — The School Committee is expected to discuss and possibly take action Tuesday, Dec. 12, on a policy authorizing the use of trained drug-sniffing dogs in periodic searches of …

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Portsmouth School Committee to discuss policy on locker searches Tuesday

Legislation priorities also on meeting's agenda

Posted

PORTSMOUTH — The School Committee is expected to discuss and possibly take action Tuesday, Dec. 12, on a policy authorizing the use of trained drug-sniffing dogs in periodic searches of students’ lockers and cars.

The meeting begins at 6:30 p.m. at Town Hall. The full agenda can be viewed here.

Back in April, citing the “proliferation of illegal substances, such as marijuana and other controlled substances among young people,” Portsmouth High School Principal Joseph Amaral sent out an e-mail informing parents that police and drug-sniffing dogs would sweep the school to make sure that no illegal drugs are found on campus.

Although the move was supported by police and Ray Davis, coordinator of the Portsmouth Prevention Coalition, it raised concerns from PHS parent and local blogger John McDaid, as well as the Rhode Island chapter of the American Civil Liberties Union

At a School Committee meeting in May, Mr. McDaid said the drug sweeps are not only in conflict with the Fourth Amendment protecting citizens from unreasonable search by agents of the state, but also with the school district’s own policy regarding warrantless searches of student lockers.

Mary Ann Carroll, the school district’s attorney, disagreed with Mr. McDaid’s conclusion. “I do not believe we violated that policy because I don’t believe bringing dogs into the school is a search,” she said at the May meeting.

The School Committee agreed to review the policy while allowing the periodic sweeps to continue in the meantime.

What the policy says

The proposed policy requires police to obtain “the written consent of the principal or his/her designee prior to any search of a locker.”

In addition, a principal or designee must conduct the search themselves and turn over any evidence to police, according to proposed policy. “The police officer must accompany the school official during the search but cannot conduct the search of the locker themselves,” it reads.

The principal should be “completely satisfied prior to giving his/her consent that the police are justified in their request and that sufficient facts exist to require such a search. It should be absolutely clear that a principal is not obligated in any manner to consent to such a search if he/she feels that the search is not justified,” according to the policy.

The proposed rules further dictate that the district must inform students of the policy at the beginning of the academic year, specifically notifying them that:

“1. Lockers may be sniffed by trained dogs at any time.

2. Vehicles parked on school property may be sniffed by trained dogs at any time.

3. Classrooms and other common areas may be sniffed by trained dogs at any time when students are not present.

4. If contraband of any kind is found, the possessing student shall be subject to appropriate disciplinary action in accordance with the Student Code of Conduct.”

Legislative priorities

In other business Tuesday, the committee will discuss a wish list of legislative priorities it plans to forward to state lawmakers.

No. 1 on its list is the issue of recreational marijuana. The committee, citing concerns raised by Police Chief Thomas Lee that the legislature may consider legalizing the retail sale of marijuana this year, is opposed to any such measure.

The committee also opposes a statewide teacher’s contract, and is asking that legislators reject any future bills giving teachers’ unions the right to binding arbitration for teacher contracts.

Other items on the list can be read here.

School building upgrades

The committee will also consider allocating $253,282 in capital projects funds for interior renovations to the administration building.

In a separate item, the board will discuss fund-raising for improvements to the PHS auditorium.

School calendar

The committee will also discuss the proposed 2018-2019 school calendar, which sets Aug. 29, 2018 as the first day of classes. 

Students would be off from Dec. 22, 2018 to Jan. 1, 2019, from Feb. 18-22 and from April 15-19. The last day of school would be June 21, 2019.

Portsmouth School Committee, Portsmouth High School

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