The Four-Part Action Plan
The four-part action plan to rectify the situation was done with the intent to promote the success of all students. Step 1 of the action plan involved contacting the school district’s legal department because I am aware that Essex factually stated that “the Fourth Amendment of the U.S. Constitution provides protection of all citizens against unreasonable search and seizure” (2011). I am also aware that “the major challenge facing school personnel involves the task of delicately balancing the student’s individual right to Fourth Amendment protection against the school’s duty to provide a safe and secure environment for all students” (2011). Because Mrs. Cole left her classroom unattended to do the search, it could be argued that she was not
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This procedure would state the difference between dangerous contraband that requires immediate action because the danger is an immediate threat and a procedure for dangerous contraband where the danger is not an immediate threat. In this situation, where the items are not thought to be on the person, but in their locker, the locker will be searched. Before the locker is searched the student “will be informed that the locker will be searched” (Essex 2011) and made aware that there is reasonable suspicion to warrant such a search. During this search “the student and at least one other school official should be present to ensure that the proper procedure is followed” (2011). I would require that the student, myself, and one other school official be there in order to make sure that all parties are held accountable. This would also help with the documentation of any items found because it no longer is a question of if the item was there or planted in the locker. This also helps safeguard students because it lets them know that they cannot bring contraband to school and assume that their lockers cannot be searched because of a false sense of unlimited privacy. But it also lets them know that if their locker is going to be searched, it will be done with them present. Another part of the solution was to put information about searches in the student handbook for students to take home at the beginning of the year. This will also let the parents know that there do exist situations where their student may have their items searched and it is for the safety of the
This procedure would state the difference between dangerous contraband that requires immediate action because the danger is an immediate threat and a procedure for dangerous contraband where the danger is not an immediate threat. In this situation, where the items are not thought to be on the person, but in their locker, the locker will be searched. Before the locker is searched the student “will be informed that the locker will be searched” (Essex 2011) and made aware that there is reasonable suspicion to warrant such a search. During this search “the student and at least one other school official should be present to ensure that the proper procedure is followed” (2011). I would require that the student, myself, and one other school official be there in order to make sure that all parties are held accountable. This would also help with the documentation of any items found because it no longer is a question of if the item was there or planted in the locker. This also helps safeguard students because it lets them know that they cannot bring contraband to school and assume that their lockers cannot be searched because of a false sense of unlimited privacy. But it also lets them know that if their locker is going to be searched, it will be done with them present. Another part of the solution was to put information about searches in the student handbook for students to take home at the beginning of the year. This will also let the parents know that there do exist situations where their student may have their items searched and it is for the safety of the