1. The Search Of Students
By School Officials
By: Maria Andriano, Heather Farragher,
Olivia Gerardi, Carly Guglielmin,
Alessandro Mazza, Emilie Morgenstern, and
Jean Wan

2. Summary
Ballosingh, C., & Thorning, P. (2001). The search of students by school officials. Orbit, 32(2), 37- 41.
As teachers, we are morally and legally obligated to provide a safe and secure
learning environment for students; occasionally, this may include the removal of
objects that interfere with that safety or security. However, how do we balance
our judgement of these two issues with students' basic privacy rights?
The article focuses on the case of R. v. M., which established legal precedence
allowing school officials to search a student based on "reasonable suspicion",
versus the "reasonable grounds" as part of the Criminal Code. This has direct
implications for teachers, who are now empowered by the law to conduct such
searches (including those of the person), depending on the circumstances.
The author was explicit to remind teachers that these searches are limited in
both application and execution, and are highly situational. A teacher's best
source of judgement is still their own.

3. Searches and Seizures: The searching of desks, bags, lockers, emptying of pockets. Fore more serious
violations, searches can include pat-downs and taking off articles of clothing.
Canada's Charter of Rights and Freedoms: Specifically, section eight of Canada's Charter of Rights and Freedoms,
which protects all citizens from unreasonable searches and seizueres by agents of the state.
Reasonable Suspicion: Teachers and administrators can conduct searches based on reasonable suspicion. This
is more flexible than reasonable ground. The source must be credible and can come from a student, colleague or
observations.
Reasonable ground - Reasonable ground is more "firm" than reasonable suspicion. It is an accusation with evidence.
Reasonable scope - The scope of the search must connect to the magnitude of the violation.
Rights of Students - Students must not give up all of their privacy just because they are in a school setting. Limits
must be placed on the scope and degree of the search.
Needs of Schools - Schools are an increasingly dangerous place and teachers and administrators must protect
children inside the school context.
Key Terms:
(Carly & Maria)

4. Key Terms Cont'd:
Search Criteria:
There is a two-part procedure that the Supreme Court has mandated for searches. This procedure must be followed
before a search can take place. This criteria sets limits on the scope of the search.
1. Is the search reasonable at its inception?
- There must be evidence that the student has committed a breach of school regulation or discipline. The source of
information must be credible. Teachers and school administrators must believe that a search of the student
possessions would lead to further evidence of a breach of school regulation or discipline.
2. Is The Scope of the Search Reasonable?
- The extent of the search must be connected to the magnitude of the suspected violation. The search must be
conducted in a sensitive and minimally intrusive manner. Factors must be considered such as the age and gender of
the student and gender of those performing the search.
Guidelines For Searches
- When violations which are detrimental to establishing a climate conducive to learning are suspected, searches of
desks, bags, lockers and emptying of pockets are permissible. Such violations include playing with a toy, smoking, and
alcohol use. Pat-downs can be used when more serious violations occur, such as drug use and weapons.

5. Discussion: Key Terms and Search
Criteria
Discussion Point:
What is the meaning
of "Toys"?
"It seems odd to have
something to do with toys
legally outlined - it is a little
intense to me!" - Heather
When I have asked kids to
hand me something that they
have been playing with, they
say "No, miss, that's my
property." Then I have
reconsidered. This happens a
lot in high-school. Legally, if it
is causing a disturbance, the
article says that the teacher
can ask them to empty their
pockets and they can seize
the toy. - Carly
-I found the ‘toy’ part odd as well! I think it should be
more specifically defined. Having worked with
children in many different environments, toys can be
defined and classified in many different ways,
especially by children themselves. Maybe the word
‘distractions’ could have been included in describing
the toys piece. - Olivia
My Interpretation of the toy thing is standard. If you
hear a noise coming from a kid's desk, you see their
hand under it, it's creating a ruckus so you approach
and say "Give me the toy or search it yourself." Etc.
If it is detrimental to a conducive learning
environment it is the first level. The next level is
drugs and safety.
- Jean
http://goanimate.
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utm_source=linkshar
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Copy and Paste Link
To Browser for a
short video
Perhaps it could be referring to electronic devices.
Some schools still prohibit the use of electronic
devices. As educators, do we have the right to take
students' belongings if they breach school policy?
For how long? Are we held accountable if they are
lost or broken? - Alessandro

6. Discussion: Search Criteria Cont'd
"If teachers are expected to conduct
pat-downs, shouldn't they be trained on
it. It feels like a lot of police duties I
would not feel comfortable doing."
- Heather
"Do teachers get appropriate training in
taking immediate actions when it
comes to risky and harmful things,
such as weapons? Also, do teachers
get training in how to appropriately
search students? The word "invasive"
needs to be clarified. That is a powerful
word"
- Olivia
"I agree about being trained for pat
downs. I feel that they could cause a
lot of trouble. The student could
potentially say anything after that. I
am not allowed to even touch a
student when I supply as an EA
because I am not CPI trained. I
guess there would have to be a
witness when the teacher is
performing the search."
- Carly
Discussion Point:
Are teachers appropriately
trained to take action?
"I'm sure gender also plays
an issue. As a male
teacher I would not search
a female student. That
could create a whole new
set of issues" -
Alesssandro
"In my discussion with a
teacher, she told me that
administrators are usually
in charge of these types of
issues."
- Alessandro

7. What are the key issues addressed
in this article? By Maria Andriano
ISSUE EXPLANATION
Limitedness of the law for
educators
Teachers and school administrators should be able to quickly
intervene, search students, and seize possessions that
interfere with safety and maintenance of environments which
are conducive to learning.
Reasonable vs. unreasonable
searches by teachers or school
administrators
Search is permitted. The lower standard of “reasonable
suspicion” is the rationale for a school search whereas the
higher standard of “reasonable ground” exists under criminal
ground.
Is a search "reasonable"? Can it be
conducted?
Questions need to be considered before a search is conducted
(related to evidence of breach of school regulations from
credible source, revealing of more evidence, sensitivity and
minimal intrusiveness, etc.)
The need for teachers to have a
better understanding of laws and
regulations
The need of knowledge surrounding laws and regulations for
teachers. The need to understand infractions, and to learn to
make choices about when and how to respond to the infraction
(s).
Finding balance Teachers are obligated to enforce laws to maintain safety.
They also strive to create a warm and inclusive environment.

8. Discussion: Key Issues & Questions
The FIVE ISSUES...
How do we respect student privacy while still
enforcing the rules of the school and ensuring its
safety?
How do we conduct searches within the limits of
the law?
How can teachers ensure that they are receiving
the most uptodate information regarding the
laws and their rights as teachers to ensure the
safety of their students?
Maria
At one point, the article says that , “M.R.M. clearly
establishes that school officials acting under the
aegis of their authority can search a student
without a warrant provided that the search is
related to the infraction” (p. 39). How is this
infraction defined? As teachers, we need to
understand the various definitions of infractions?
Are there levels of infractions? Does their need to
be an infraction for a search to take place? I
thought the article said that if there was reasonable
suspicion, than a search can take place!? - OLIVIA
We were talking about something along these lines in the Urban Education course (I take it with
Heather), about focusing on big issues/problems rather than the mundane details, and how the
perception of school as a haven, or place of safety, is greatly reduced or gone. And how do we deal with
it? I want the classroom to be safe for everyone, but I also don’t want to perpetuate a climate of paranoia
and mistrust. - JEAN
How do WE foster this balance? - OLIVIA

9. What Is The Writer's Position On
These Issues?
A balance MUST exist between the rights of students
privacy and the need for schools to be safe for students
How do we achieve this
balance?
● Increase cooperation between school officials and the police
● Clearly define the permissibility of random searches
● School officials must meet certain criteria and guidelines as mandated by
the Supreme Court of Canada
● Consider the duties and rights of all people involved
● Ensure all participants are aware of school policy
● Treating all students with respect and dignity

10. Discussion Point: The author explores the balance between respecting
the rights of a student's privacy and the need for schools to be safe
places. How well does he explore both sides? Should
teachers/administrators have the power to search students?
"Yes. But I realize that for
serious violations the
administrations and
police should be
involved. That being said,
I'm not entirely sure how
comfortable I would be in
the process." - Heather
"There were times when I was reading the article. that the idea of having
lower standards for teachers left me uncomfortable. As the article explains,
students spend a great deal of time at school and must necessarily carry
and use items of personal significance such as medication or religious
paraphernalia. Students may not feel respected or safe knowing a teacher
can seize these items with greater ease than a police officer" - Emilie
"But aren't they only going to seize it if it is causing danger to other
students? In response to the culture issue, I think they should only feel
insecure if they know that their possession will cause harm. For
example, if a student is carrying around a knife for religious purposes
than I think that it is appropriate for the teacher to seize the item. (This
example has been in the news a lot). It could potentially put others at
risk if the wrong person got their hands on it" - Carly
"Going back to the toy issue, what if it is just a fidget? What about
restorative justice and Aboriginal community building in the
classroom? I wonder what their take, or other culture's takes would be
on this issue? How do we navigate this in a multi-cultural setting? -
Jean
What if the child requires
a "toy" or other form of
distraction to assist with
anxiety or other health-
related issues. There are
exceptionalities and IEPs
to consider in this
discussion - Olivia

11. Discussion Point: How threatening are random
searches for students and parents?
Is anyone else uneasy about random searches in schools? On what
grounds are these random searches being carried out? The article
addresses a great point about schools becoming institutions of discipline
and punishment. Random searches may cause this. Students may respect
their teachers and school officials less. A school sense of community may
be lost and the climate for learning may not be a strong one. Random
searches tell students they cannot be trusted. - Alessandro
I can see this discussion being somewhat threatening to parents. I
can see parents (and even students) expecting that teachers should
also be randomly searched if necessary? - Olivia

12. Discussion: Relevance for Teachers
Discussion Point: The potential consequences of not knowing your legal rights
and responsibilities.
Discussion Point: The balance between respecting the rights of a student's
privacy and the need for schools to be safe places.
I believe that at some point in my teaching career I may have to seize something from a
student, likely something non threatening like a cell phone being misused, etc. but in the
instance that it becomes more serious, I must know what is within my legal rights and
responsibilities. For example, if I ignore reasonable suspicion because I feel it is not
within my rights to act (like a police officer) I could be legally held accountable as well. -
Heather
The learning environment affects a student's learning. Therefore, teachers and
administrators need to foster a safe school environment, and this may mean searching or
seizing distracting or dangerous items from students. However, students spend a great
deal of time in school and may carry items of personal significance or necessity,
therefore any searches or seizures must be done in a respectful way. -Emilie

13. Discussion: Relevance for Teachers
Cont'd
This reading generated discussion on our own comfort levels with the legal
responsibility to search a student you suspect is in possession of something
dangerous. As teachers we need to be cognizant of the risks and our own
barriers when a situation arises.
My Associate Teacher told me that I should practice what I would say
or do when a student swore at me or refused to do their work,
because he said, it will happen and then I will be prepared and not
overreact. The same applies to searching a student. When the time
comes, we will need to act appropriately, while maintaining the
students trust. - Emilie
I want the classroom to be safe for everyone, but I also don't want to
foster and perpetuate a climate of paranoia and mistrust. - Jean

14. Discussion Questions:
1. Are there specific situations where the law is not necessarily the best course
of action to take?
2. If it's better to be prepared than not in considering a suitable course of action
in a search scenario, what role should the teacher take in this preparation?
The school (including administration and/or committees)? School board?
Province? Federal government? Pre-service education programs?
3. Canada has an official policy of accepting and embracing multiculturalism,
which has direct consequences in classroom. What are some of the
implications on this topic, the search of students by school officials?
4. What do you make of the inclusion of "toy" with "smoking, theft, and alcohol
use" as a "violation...detrimental to establishing a climate conducive of
learning"?
5. How is infraction defined? Are there multiple definitions? Once we have the
definition(s), how should teachers know when and how to take action?
6. We discussed much about the need for training for teachers. What training
would teachers need and why? To what extent should this training take
place? Should training be initiated during teacher education programs?
7. Why are the issues related to law and ethics not extensively brought up and
discussed during teacher education programs?