 Credit: CCSD We all know that Clark County schools have a problem with kids bringing in guns. We also know that the district has no plans on teaching "Stop, Don't Touch, Run Away, Tell A Grown Up," to the young-uns. They have decided to "do something" instead of solve the root of the problems. Further details have emerged about how the school district plans to implement their new "Random Searches" program. It's horrific. Here's the letter to the editor that I submitted, as well as the email I sent to the Principal at my sons' school. Mr. (Principal), I have submitted the following Letter to the Editor at the RJ: Regarding the new CCSD Policy of Random Searches of Students: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” – Ben Franklin I have done my best to instill in my children a respect for Liberty, and the premises that this nation were founded on. “Random Searches” flies in the face all that has made this nation great. I realize what this new policy is attempting to accomplish. But if we throw out essential liberty every time there is a new perceived threat, we never had liberty in the first place. Bear in mind that my main concern with this new policy is the “random” aspect of it. That makes it wholly unconstitutional. This is not to be confused with targeted, for-cause searches, which already have well established legal doctrine to abide by. In response to the Frequently Asked Questions provided on CCSD.net: Q: How will CCSD ensure that random weapons searches do not target certain students? A: We are very cognizant of this concern. The schools, classrooms, and students will be randomly selected. This makes it worse, not better. You are conditioning the next generation of adults that they must comply with search without cause, a dangerous and un-American precedent. Q: Does CCSD have the right to randomly search students for weapons? A: Yes, because the District has confiscated 11 guns from students so far this school year and needs to ensure student safety. You didn't answer your own hypothetical question. What specific authority does CCSD have to conduct random, non-targeted not-for-cause searches of students? The actions of other people do not diminish the rights of my children. Q: What if I don't want my child searched unless I am present? A: Safety needs to be a top priority. Students who fail to comply with the search procedures will not be allowed on school property. Safety DOES need to be a top priority. That includes my children’s safety from unjustified government searches. My children are on school property because it is required by law. Q: How is this not a violation of the 4th amendment? A: Courts have recognized the need for searches without reasonable suspicion in certain circumstances. We must weigh the need to take action versus the potential intrusion of privacy. The 11 firearms confiscated from students so far this year creates an urgent enough situation to allow for the type of search that will be implemented. It is absolutely a violation of the 4th amendment. Please cite the "certain circumstances" allowed by the courts. Nevermind, I'll save you the effort. It's called a "Terry Frisk" (See Terry v Ohio), and applies when there is already lawful cause for detention. For a detention to be lawful, there must be "reasonable suspicion, based on articulable facts that a crime has been, is about to be, or is being committed". "Random Searches" is exactly the opposite of that, and does not even come close to passing Constitutional muster. Under your logic of "the 11 firearms confiscated from students so far this year creates an urgent enough situation to allow for the type of search that will be implemented", we might as well throw the Constitution out the window. Since OTHER PEOPLE have committed crimes, that justifies search of a completely unrelated, random person? I think not. Shame on you for trying to pass this off as legal and justified. I have a sneaking suspicion that Clark County taxpayers already pay an exorbitant amount of money for the district to have legal counsel. Did you not even bother to have them glance at this before launching it? No wonder we are at the bottom of school rankings! If the leaders of our school district can't understand the basic tenets of the Constitution, how can we expect them to administer one of the largest school districts in the nation? Q: What about students that parents have said they don't want their child searched? A: This is a new procedure designed to address an urgent safety situation. Students who do not comply with the search will be subject to school discipline, just as if they violate other school procedures. "Parents have no say in the matter". Good luck with that. Let me be perfectly clear: I have instructed my children that, in no uncertain terms, they are to politely refuse any such search, call me immediately, and leave the campus if necessary. I have assured them that they will not suffer any repercussions at home for doing so. I am a single father of two well-behaved (and dashingly handsome) high school age boys in the Clark County School District. I call for the immediate suspension of this program, and the immediate resignation of all senior officials that had a hand in crafting the policy. Vern B (end of letter to the editor) I realize that this decision is most likely above your head, but ultimately, YOU are the principal of my sons’ school. I have a very positive impression of you from the times I’ve attended events at the school and seen you speak. It is my hope that you already share my concerns. That’s why I am reaching out to you. Feel free to carry my concerns up your chain of authority. With regard to “random searches”: I do not, under any circumstances, authorize a random search of my children or their property. In fact, I explicitly forbid any such activity. With regard to a targeted, for-cause search: I expect the basic tenets of the 4th amendment to be upheld, and for no search to be performed without a warrant. In addition, I would expect that Terry v Ohio be carefully adhered to, and that my child not be detained without the required “reasonable suspicion, based on articulable facts, that a crime has been, is about to be, or is being committed”. And I would expect and insist that such a detention/search be performed by a sworn law enforcement officer, who can be held accountable to these standards. In the hypothetical event that your staff and law enforcement feel a lawful search is justified, I insist that I be present for such a search, if at all possible. I realize that my act of sending you this notice may come across as a red flag, and give you some cause for speculation about my children. I considered that before writing it. I considered just leaving well enough alone, and figuring that it would never really be an issue. But I couldn’t, in good conscience, just duck down and ignore the gross violation of liberty that this new policy proposes. While this message specifically references the policy in regards to MY children, I really mean this to address the policy as a whole, as it affects all students. Rest assured that my children are not a problem, and are very unlikely to ever possess contraband (they loathe drug users and the ilk). They have no history of any violence, and no access to weapons in the home. We discuss such things regularly, so I am quite confident that I have a good read on them. End. The principal responded as follows: "Although I do understand and respect your concern, I will abide by the directions given to me by the superintendent. Please know that this new policy has been vetted by CCSD's legal team. Furthermore, if a search were to take place here at [redacted], it would be no different than walking through a metal detector at an airport with the exception of the random component. In fact, if your children have attended sporting events at [redacted] HS, they have likely already been wanded upon entrance or have already walked through a metal detector. It is that simple, unless they are in possession of an unknown metal object with a large mass, which in fact would provide a reasonable suspicion. (New Jersey v. TLO) The reason for the random component is to prevent any potential profiling. I do understand your objection and can tell that you have put a lot of thought into it. If you are correct, then I believe it would have to be argued in a court setting. It is also very possible that your children will never be in the position in the first place. I would be happy to meet with you about this; however, I believe your argument should be directed to the superintendent or the school board of trustees. I hope you understand my position." Random searches are not well-defined by case law and the cases that did rise to the US Supreme Court deal with drug testing. Pulling children aside to search their bodies and belongings is far different from metal detectors at the entrance (your typical ghetto school scene) or random locker searched based on credible information. The “11 guns” and “urgent security situation” justifications cannot be used as reasonable suspicion anymore than police can justify stopping random cars because “we arrested 11 DUIs this year and there is an urgent traffic safety situation.” The legal questions are secondary to the question of whether or not this is something that Clark County schools should be doing. Clark County schools have a problem with kids bringing guns to school, but it is not addressing why students are bringing guns to school. Addressing the violent drug and gang problem among teens would probably lead to uncomfortable questions. Violence among youths is a predominately minority problem and many educators don’t wish to go down that route. Young students are getting a hold of them because their irresponsible parents make them accessible. This is a parental failure; schools can’t teach the parent, but they can teach the child to leave the gun alone. The NRA has just such a program, but the Left has made the NRA such a taboo that even the true gun safety program Eddie Eagle would be toxic for them to teach. Also, responsible gun ownership does not jive with the disarmament belief of many within the educational community. In 1989, the very same district had the very same problem with gang members (students and slightly older non-students) bringing weapons on to campus. The unintended consequences of prosecuting these gang-bangers and troublemakers was that legally armed parents (shall-issue CCWs were not yet a thing) were criminalized if they so much as entered the parking lot and college/universities glommed on to the bill as well. The Clark County School District is once again failing children. They are taking what they believe to be an expedient route to negate any bad press against them as well as mitigate any civil liability they may have. Their new search policy is nothing more than a smoke screen for the fact that they are unwilling to confront the roots of the problem or take meaningful steps to stop it. This effort will likely be unsuccessful and lead to a wasteful lawsuit. By failing to deal with gang/drug/violence problems in schools and failing to educate children with legitimate gun safety it is no better than the district ignoring sexual abuse and trying to curb teen pregnancy by teaching an abstinence-only sex ed curriculum. The inevitable "safe storage" law that will hit the legislature in 2019 is not the answer. This is not a problem that Clark County can half-ass its way out of.  Who is my trustee? Click here and scroll down to the maps. Comments are closed.
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