Can the school search my home?

[SurvivingPDX]

What is the name of your state (only U.S. law)? Oregon
My 16 year old was accused of saying he wanted to "shoot up the school". He was called into the office at 11:30 am Friday - searched & questioned by police (school resource officer) and we were not called until 2:45pm. My son has no risk factors for becoming a school shooter, he is not bullied or on SSRIs. He has since been proven innocent - the other boy in the conversation told the school exactly what they were talking about. Yes, the were talking about guns - history, function, differences, but certainly NOT about shooting anyone anywhere!

My son was not allowed to come to school today - Monday. The VP called today and informed me that a teacher, another VP and the officer would come by Tuesday morning to search my son's room and look at our gun safe as a condition to my son returning to school. I said NO to the cop, but as it stands, the teacher and VP will be coming by. I cannot find any reference online to a school searching a home! I called a local education law firm but they will not be in the office until the morning. In the meantime I'm increasingly thinking that I should not allow this search to happen.

 

[Just Blue]

What is the name of your state (only U.S. law)? Oregon
My 16 year old was accused of saying he wanted to "shoot up the school". He was called into the office at 11:30 am Friday - searched & questioned by police (school resource officer) and we were not called until 2:45pm. My son has no risk factors for becoming a school shooter, he is not bullied or on SSRIs. He has since been proven innocent - the other boy in the conversation told the school exactly what they were talking about. Yes, the were talking about guns - history, function, differences, but certainly NOT about shooting anyone anywhere!

My son was not allowed to come to school today - Monday. The VP called today and informed me that a teacher, another VP and the officer would come by Tuesday morning to search my son's room and look at our gun safe as a condition to my son returning to school. I said NO to the cop, but as it stands, the teacher and VP will be coming by. I cannot find any reference online to a school searching a home! I called a local education law firm but they will not be in the office until the morning. In the meantime I'm increasingly thinking that I should not allow this search to happen.

Just say no....

And hire an attorney.

 

[adjusterjack]

Strongly agree.

Your son will enjoy another day off while you talk to the lawyer.

 

[LdiJ]

Ditto what every one else said. I understand the school's desire to be proactive about these sorts of issues. However, that doesn't mean that they get to trample all over people's constitutional rights.

 

[I'mTheFather]

I agree that you should consult an attorney, however, I wonder if your assessment of 'proven innocent' is the same as the school's. Who reported the conversation?

 

[Zigner]

I would suggest that you take a step back and realize that your child may have problems that you are not aware of. Please keep a close eye on things...

 

[SurvivingPDX]

Two girls in the hallway overheard the conversation and reported it.

As for my son, well, no one's ever accused him of being Alex Keaton, but he's certainly never been aggressive or violent!

 

[stealth2]

I agree with the others wrt refusing the search and speaking with a lawyer, but.... I would likely be going through my kid's room myself. And requiring him to be doing something productive with his "time off".

 

[ajkroy]

As a teacher in a public high school, I can tell you that this very topic is debated now in contract negotiations, particularly in states with lax gun restrictions. HAVE you searched your son's room? His social media accounts? Do you know what to look for? Does he have access to firearms?

Your right to privacy is important. But every child's right to go home from school alive and unterrorized by preventable events is more important.

Get your child to a therapist who specializes in teen issues NOW. It isn't only bullied kids who do it, and you don't know what happens all day during his day, anyway. Teens are taught what to report now. If he's talking about it, he could do it.

 

[Just Blue]

As a teacher in a public high school, I can tell you that this very topic is debated now in contract negotiations, particularly in states with lax gun restrictions. HAVE you searched your son's room? His social media accounts? Do you know what to look for? Does he have access to firearms?

Your right to privacy is important. But every child's right to go home from school alive and unterrorized by preventable events is more important.

Get your child to a therapist who specializes in teen issues NOW. It isn't only bullied kids who do it, and you don't know what happens all day during his day, anyway. Teens are taught what to report now. If he's talking about it, he could do it.

^^like^^
**************.....

 

[xylene]

Who are these girls and do they have gripes with your son or his friend or peer group? Are these girls parents connected, wealthy and/or powerful people?

It happens. Just throwing out the other angle why mountains get made of molehills (if your version of the story is true, and the fact that your son isn't in custody tends to support that...)

Lawyer up. Consider to switch son's school or move after this event.

 

[xylene]

Also, ajkroy, I call shenanigans.

Really, teacher or administrator rights to search student homes is becoming part of faculty contracts?

 

[ajkroy]

Not teachers searching, but that students with accusations not be allowed back without police search/thorough investigation. As a teacher, I am uncomfortable handling students' phones, so I would never go to their house, search their room, etc.

However, since we are literally in the line of fire, it is being negotiated in districts, as is whether or not teachers should be armed. I teach in MA, which has strict gun regulations. But I live in NH, which have next to none.

You don't have to believe me, but it's happening.

 

[CdwJava]

Sure, you can decline the search - that's your right. But, that may also delay your son's return to school. Depending on the process set up in your district, he may be placed into an alternate program for a week or more so long as the school or district has some concerns.

The trend for school safety is for interdisciplinary teams to to evaluate these complaints, and this can take some time - depending upon the frequency the teams meet and the like. Schools adopt a great deal of civil liability for school shooter events, so they will bend over backwards to protect the student body even if it means inconveniencing your son until they are satisfied.