Consent of Minor for breathalyzer

[bec162004]

What is the name of your state (only U.S. law)? South Carolina

My question is about a Private school high-school prom. The headmaster is threatening to give all student's a breathalyzer when they entered the prom(which is not on school property). Because they are minors do they have to consent or refuse or would their parents have to consent for them. The school is having problems with the headmaster and she is trying to make it awful for the students. She has even said that her girl going to the prom can not take another girl who is just a friend as her date. Sounds like major discrimination to me. Hope someone can help!

Thanks

 

[davidmcbeth3]

Has the school had problems in the past with drunk kids at school functions? If so, then they can (or at least no court has said they cannot) do this & they don't need your approval.

If they go & refuse, they will be sent away.

 

[CdwJava]

Agreed. The school can make blowing in the device a condition of entry. Plus, there is always the concept of no loco parentis.

 

[stealth2]

Well.... As the parent of a HS Senior, I (personally) would have no issue with kids being breathalyzed prior to entering Prom. Even if *my* kid wasn't drinking, so many do - I would hate for such a special night to be marred by a tragedy.

Maybe if we worried less about our kids' "rights" and a little more about their flouting of the law....

 

[davidmcbeth3]

Well.... As the parent of a HS Senior, I (personally) would have no issue with kids being breathalyzed prior to entering Prom. Even if *my* kid wasn't drinking, so many do - I would hate for such a special night to be marred by a tragedy.

Maybe if we worried less about our kids' "rights" and a little more about their flouting of the law....

I have a different viewpoint, believing that our 6th amendment rights are more important. We are talking about a search w/o PC or any reasonable suspicion.

But what I post first is the correct viewpoint & information as of this date. Those that give up liberty for security get and deserve neither.

If there has not been issues prior the courts have not seen this activity in a favorable light. Why this makes a difference to a judge is puzzling.

 

[stealth2]

Has the school had problems in the past with drunk kids at school functions? If so, then they can (or at least no court has said they cannot) do this & they don't need your approval.

If they go & refuse, they will be sent away.

I would almost guarantee that it has been a problem.

Mom w/4 proms under her belt - one more to go.

 

[Zigner]

I have a different viewpoint, believing that our 6th amendment rights are more important. We are talking about a search w/o PC or any reasonable suspicion.

But what I post first is the correct viewpoint & information as of this date. Those that give up liberty for security get and deserve neither.

If there has not been issues prior the courts have not seen this activity in a favorable light. Why this makes a difference to a judge is puzzling.

 

[swalsh411]

So drink after prom.

 

[CdwJava]

I have a different viewpoint, believing that our 6th amendment rights are more important. We are talking about a search w/o PC or any reasonable suspicion.

But what I post first is the correct viewpoint & information as of this date. Those that give up liberty for security get and deserve neither.

If there has not been issues prior the courts have not seen this activity in a favorable light. Why this makes a difference to a judge is puzzling.

And since there is no Constitutional right to attend a school function, and schools have a right to provide reasonable measures to provide for the safety of our children, they can almost certainly require children to blow into these deices under penalty of administrative sanctions and/or denial of entry if they refuse.

This has been a common practice at high schools in CA for more than a decade. if kids want to drink, they can do it after the dance or event. While they are AT the event, the school is responsible and they can take reasonable steps.

 

[davidmcbeth3]

And since there is no Constitutional right to attend a school function,

So exactly what does the constitution grant us the right to attend? Your statement is out there.

 

[davidmcbeth3]

schools have a right to provide reasonable measures to provide for the safety of our children,
.

I agree, within the confines of our constitution. Can they strip search everyone? Clearly there are boundaries. The testing of kids w/o PC for a dance has not been tested thoroughly in the courts. If a kid exhibits signs of being under the influence then I'm all for that ... but not w/o PC.

Our first amendment rights have created quite a bit of physical harm ... want to limit this right too?

How about guns, I guess we should not have any..they are dangerous. But I'm sure you wear one, right?

Our liberties are not something you can easily weigh on a balance to see if they have meaning..

 

[Zigner]

So exactly what does the constitution grant us the right to attend? Your statement is out there.

...says the guy who thinks this has to do with the 6th amendment.

 

[swalsh411]

So exactly what does the constitution grant us the right to attend? Your statement is out there.

The Constitution doesn't "grant" diddly squat. What a horrible notion that in a free society a government can “grant” inalienable rights. The Constitution guarantees freedoms.

 

[NellieBly]

Is this a hill you really want to die on?

Choose your battles.

 

[CdwJava]

So exactly what does the constitution grant us the right to attend? Your statement is out there.

It does not grant you the right to attend a prom sponsored by a private school - or even a public one.

Why would you think it does?

We have a right to attend public school K-12, not attend events sponsored by the school. Kids can be banned from sporting events, proms, classes, field trips, clubs, etc. for all manner of administrative violations and rules and none would be unlawful.

Can they strip search everyone? Clearly there are boundaries.

Yes, there are. A breath device is reasonable and minimally intrusive. A strip search is FAR more intrusive and would NOT be reasonable.

The testing of kids w/o PC for a dance has not been tested thoroughly in the courts. If a kid exhibits signs of being under the influence then I'm all for that ... but not w/o PC.

Until it is, it will remain standard procedure for many schools at least in my state. At any major dance in my district, the principal will be there with his PBT ready to administer it to students who arrive late, or who leave and then return to the dance. Only at the prom do they compel a blow to enter, but they could do it at other dances ... they don't due to time constraints.

Our first amendment rights have created quite a bit of physical harm ... want to limit this right too?

Not even related to the issue at hand.

How about guns, I guess we should not have any..they are dangerous. But I'm sure you wear one, right?

Not even related to the issue at hand.

Our liberties are not something you can easily weigh on a balance to see if they have meaning.

Since minors cannot lawfully consume alcohol, the schools have a legal obligation to see to the safety of the children at a function, and the courts have granted a great deal of leeway to the schools in this regard, the law seems to be on their side. And, since this involves a PRIVATE school as well as an extra curricular event that no one is required to attend, they have a greater amount of leeway. If the kids want to drink, don't go to the dance after doing so. They should do what dumb kids have been doing for generations - drink aftewards.