TERRE HAUTE, Indiana - May 21, 2011 - Under a proposed policy change, Vigo County Indiana School Corp. bus drivers, “under rare circumstances,” would have the right to search students in situations that involve an immediate threat of harm or danger to those on the bus.
Another proposed change would bar attorneys from sitting in on a student due process expulsion hearing. If families chose to bring legal counsel, the attorney could be nearby for consultation, but not in the hearing room.
Last week, the school board discussed proposed changes in policy related to student rights and responsibilities, student searches, interrogations and civility. The changes take into account changes in the law and clarify wording, said Ray Azar, director of student services. The district consulted with the Indiana School Board Association.
Under the policy titled “Student Searches and Interrogations,” a proposed change would allow bus drivers to search a student and the student’s belongings if there is an immediate threat of harm or danger to those on the bus. The standard of reasonable suspicion applies.
Reasonable suspicion means “that the person conducting the search has information to reasonably believe that the search will produce a substance or an object that violates a school rule or a law.”
The district wanted to include bus drivers in the event they are on the road and must immediately respond to an emergency situation, Azar said. Scenarios where a bus driver might conduct a search include a student in possession of a dangerous drug or a weapon.
Another change clarifies that if a student has a due process expulsion hearing, the family may elect to use an attorney, but the attorney “may not be present in the hearing room. The attorney may be available in a nearby location on the premises for consultation.”
Julie Slavens, attorney with the Indiana School Board Association, said an Indiana court has determined that a student does not have the right to an attorney in a student due process (expulsion) hearing. Upon appeal to a school board, if that occurred, the student probably would be entitled to one, she said.
