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THURSDAY, NOVEMBER 26, 2009
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7

School Strip-Search Case Heads to Supreme Court

Law is murky on the limits of privacy in school

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(Newser) – In 2003, staff at an Arizona middle school strip-searched Savana Redding, then 13, after getting a tip that she had prescription-strength ibuprofen. They didn't find any, and Redding sued. Next month, the Supreme Court will hear arguments on whether the school's policy violated Redding's constitutional rights, reports the New York Times. “It is a violation of any known principle of human dignity,” wrote a lower court judge, ruling against the school.

"When you send your child off to school every day, you expect them to be in math class or in the choir," said Redding’s lawyer. "You never imagine their being forced to strip naked and expose their genitalia and breasts." Redding notes that the school never checked her records to see that she was “a good kid.” The school district responds that her clean record implies “only that she was never caught.”

The legal limits of student privacy are not clearly defined.
The legal limits of student privacy are not clearly defined.   (©dsearls)
The Supreme Court will hear arguments on the school strip-search case in April.
The Supreme Court will hear arguments on the school strip-search case in April.   (©Padraic.)
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Do we really want to encourage cases where students and parents are seeking monetary damages against educators in such school-specific matters where reasonable people can disagree? - Professor Richard Arum

They strip-search first and ask questions later. - Adam B. Wolf, ACLU lawyer representing Redding

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BlahBlahBlah
Mar 24, 09 11:28 AM CDT
Yeah, I think as a parent I would be just a bit mad. Ha! Try down right steaming pissed off. Reply
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AClotfelter
Mar 24, 09 11:47 AM CDT
Absolutely! We spend a lot of time trying to educate our kids on sexual assault and how to keep themselves safe, and then they go to school and are forced to strip by a teacher.
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AClotfelter
Mar 24, 09 11:45 AM CDT
If the school actually had credible evidence and reason to believe that the kid had this, and the kid wasn't cooperating, they should have called the parents and possibly the cops. There is absolutely no situation where a school employee should be stripping a child. If there is a serious situation, you need to call in those who are best able to handle it. Reply
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AnnieChrist
Mar 24, 09 12:00 PM CDT
Here is part of her schedule that school day: Recite Pledge of Allegiance "with liberty and justice for all" Then off to Civics or History class to learn how men and women have bled and died to keep us free from things like unreasonable searches. After class, she is strip searched. What a country! Reply
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Mad
Mar 24, 09 1:10 PM CDT
I'm flatly amazed the school keeps fighting this, thinking they are in the right. When my son was in 3rd grade, back in '95, he was accused of stealing a calculator. He INSISTED they call me before he would let them search just his backpack. Righteous! I taught my boys to call me fisrt, anytime they perceive they are in trouble with authorities. Reply
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