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MEMORANDUM
To: George Forehire, Attorney
From: Legal Assistant
Re: McKinley v. Department of Education Our Ref.: 94061 Challenge Agency’s Decision

Date: December 7, 2008

ISSUES
1. Is it unlawful for an agency to require all public school students to undergo a search of their clothes, backpacks, lockers, and desks each morning?
2. Is it unlawful for an agency to permit random searches to take place of students’ clothes, backpacks, lockers, and desks?
3. Is it unlawful for an agency to give no notice or hearing prior to the enactment of new rules and regulations?
4. Is it unlawful for an agency to refrain from sending an interested party a notice of hearing?
5. Is it unlawful for an agency to deny an interested party the right to representation or counsel?
6. Is it considered an abuse of power when an agency denies an interested party due process in general?
7. Is it unlawful for an agency to permanently confiscate an individual’s personal property?
8. Is it unlawful for an agency to knowingly allow one of its programs to discriminate on the basis of sex in its processes and procedures?
9. Did Congress act unconstitutionally by delegating CES the power to enforce the regulations at issue?
10. Can an individual seek review of an agency’s decision in a court of law?
11. Are there remedies afforded to aggrieved parties by reviewing courts?

BRIEF ANSWERS
1. Yes. It is lawful for an agency to require students to undergo searches when reasonable suspicion exists.
2. Yes. It is lawful for an agency to conduct random searches of students when reasonable suspicion exists.
3. Yes. It is unlawful for an agency to not give notice or a hearing of new rules and regulations prior to their enactment.
4. Yes. It is unlawful for an agency to refrain from sending notice of a hearing to an interested party.
5. Yes. It is unlawful for an agency to deny an interested party the right to counsel.
6. Yes. An agency abuses its power when it denies an
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