School district tables ‘random search’ policy some call unconstitutional

VOLUSIA COUNTY, Fla. — Volusia County school board members have tabled a proposal to pass a policy Tuesday that analysts believed was, at best, constitutionally dubious, if not an outright Fourth Amendment violation.

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The policy, billed as a safety measure, would’ve allowed district administrators to search students and visitors at “random and without cause.”

The district last attempted to pass this measure in 2022 but backed down after pressure from citizens.

This latest round split the board, with some saying the policy was needed to catch weapons smuggled into schools and prevent violence and mass shootings. Other board members called the proposal ineffective or too vague.

Read: School district again tries to pass ‘random search’ policy that some call unconstitutional

In supporting their policy, district staff said it allowed them to search students and visitors with metal detectors, which is allowed.

However, as of Tuesday, the language of the policy did not specifically mention metal detectors. As written, bag and cell phone searches, pat downs and strip searches weren’t prohibited.

“The policy provides that students and visitors are placed on notice of searches,” spokeswoman Danielle Johnson said when asked about the proposal’s vagueness. “Should the policy change be approved, the district and schools will provide further communication updating families and staff of the details of the screenings.”

Read: Local school district rejects proposal to randomly search students, visitors

While the district’s attorney said he supported the policy and believed it passed legal muster, the language of the policy raised red flags with parents and constitutional scholars who said it likely violated the Fourth Amendment, which protects citizens from unreasonable searches and seizures.

In New Jersey v. T.L.O., Supreme Court justices ruled that the Fourth Amendment allows schools to conduct searches of students without probable cause, but the justices found that district administrators must have a “reasonable suspicion” that evidence of a crime or a policy violation would be found.

The ruling did not mention searches of adults inside schools.

Read: Central Florida mom upset when son is expelled after another student brings mace, gun to school

“When a school board is making policy, particularly in an area that can tread on constitutional rights, they have an obligation to be specific and not enact broad policies that can result in abuse,” Constitutional Law attorney Lawrence Walters said, adding that Volusia’s policy treaded on dangerous ground. “If the school board is looking to institute metal detectors, then an appropriate policy would be one that allows metal detectors, as opposed to broad searches.”

School board members said their scheduled workshop discussion would clarify the language of the proposal and address concerns in time for them to pass a revised and improved search policy for the next school year.

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