What are the rules for bag searches at APS? Is it only for suspected drugs and weapons, or are they permitted for other reasons? |
Police do not need a warrant to search a student’s bag for weapons or drugs.
Police need a warrant to search school staff’ s bag for weapons or drugs. |
To clarify - my question relates to teachers searching kids’ bags, not police. |
There was a gun threat in 3rd grade at Escuela Key last year and the administration took the position that they couldn't search kids' bags because of privacy concerns. |
Interesting. My kid’s bag got searched on suspicion that someone in the classroom had something disruptive (my understanding is that they searched everyone’s stuff until they found the item - it is entirely possible the teacher requested permission to conduct the search - I can’t imagine my kid would feel comfortable saying no). I’m actually ok with it as long as the kids are aware that bags are subject to search at all times, assuming that’s the policy. |
so let’s play this out, what do you think your kid would do differently if they thought their bags be searched at any time? |
Yes, and not just Key admin. APS staff (Zach Pope?) told us at a meeting when parents asked why they didn’t search all bags in the third grade trailer, that that’s against policy because of privacy. He indicated that if they had good reason to believe a specific student had a weapon, they could search that one student’s bag, but not all the bags. |
For starters, he would make sure not to pack his Taylor Swift poster and super-secret diary in his school bag. |
In all seriousness, though, if we’re going to strip kids of their right to privacy they need to be on notice that they have no expectation of privacy when they enter the building. |
I wasn’t aware of this and I check kids backpacks all the time to put in folders or look for papers/lost items particularly when kids dissolve into tears when they can’t find something like a snack bag. Or when an a paper needs to be signed I guess policy says I should tell 5 year old larla to find it herself or go hungry? It seems like there should be an age where we can still Help with these things. |
I’m pretty sure they have limited rights to privacy at school. |
Given the size and weight of a handgun and the specifity of the threat, I'm pretty sure they could have just patted down the mostly empty backpacks hanging in the hall without even needing to open them. It was crazy that they didn't do anything. |
I mean the Supreme Court has ruled on this in 1984. Students have a reduced expectation of privacy at school. Schools may search students things if they have a reasonable suspicion. Lockers are basically a free foe all because they are considered school property. Anyway there is established law on this. I don't know if APS or VA has more restrictive policies. https://www.youthrights.org/issues/student-rights/search-and-seizure/#:~:text=Personal%20belongings&text=T.L.O.%20(US%20Supreme%20Court%2C%201985,of%20privacy%20when%20in%20school. |
It was even crazier than that. They had a specific threat in a specific grade - that was by itself in a trailer so they knew the grade (limited number of possible kids who could have done it) - and it was a threat against a specific student. And he, and they, took the position that there was absolutely nothing they could do to check for weapons, even during the time when they didn’t have any idea which kid had written it and therefore really couldn’t have know if it was a credible threat or not. They seemingly based their whole response/lack of response on basically a feeling/assumption that kids that age don’t do this stuff. I guess we can debate the continued reasonableness of that assumption in today’s world. I thought it was mind boggling. |
Yes, it was. Many (most?) of us parents expected them to search bags and wanted them to do so in this situation. This was shortly after the first grader elsewhere in VA shot his teacher, too. |