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When Police, Principal Intertwine Alternative School Vehicle Search Upheld Law Enforcement Presence Affects Student Discipline Questioning the U.S

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When Police, Principal Intertwine Alternative School Vehicle Search Upheld Law Enforcement Presence Affects Student Discipline Questioning the U.S 03/05/18 Vol. 22, No. 5 Off-campus not off-limits When police, principal intertwine Alternative school vehicle search upheld Law enforcement presence affects student discipline questioning The U.S. District Court for the Northern As police officers become ever more pervasive in the schoolhouse, and District of Indiana rules in Kissinger v. educators re-examine their safety and security protocols in the aftermath of FWCS , No. 1:16-cv-126-JD, that the Fort the devastating shooting in Parkland, Florida, that left 17 dead, the Indiana Wayne Community Schools acted within its Court of Appeals splits in a case navigating the blurred lines between authority when it searched a student’s vehicle traditional in-school discipline and juvenile justice interventions. parked off campus during the school day based on reasonable suspicion the student When graffiti began appearing on the walls of the boys’ restrooms at was in possession of drugs. The physical Brownsburg High School, Assistant Principal Demetrius Dowler began an location of the student’s property is not by investigation, reviewed surveillance video footage, and reported the vandalism itself determinative, concludes Judge Jon to Officer Nathan Flynn and requested his assistance. Officer Flynn is a DeGuilio, but one factor to be considered police officer employed by the Brownsburg Community School Corporation. within the totality of circumstances. After reviewing the surveillance video, both Flynn and Dowler pinpointed In the two weeks leading up to the search, the 17-year-old D.Z. as a suspect. Dowler questioned D.Z. in his office with the administration of the L.C. Ward Education door closed, and D.Z. admitted that he was responsible for the graffiti. After Center (an alternative school) observed the telling D.Z. he would be suspended for five days, Dowler left the room, student driving students to and from school, informed Officer Flynn of the admission, and went to contact D.Z.’s father. in violation of school rules, rules specifically Officer Flynn, in full police uniform, then entered Dowler’s office, aimed at preventing students drug use. The interviewed D.Z., and informed him he was being charged with a crime. day of the search, the student again violated the rule by driving another student to school A Hendricks County juvenile court, relying on D.Z.’s admission to the in his car. He parked off campus, also a assistant principal, adjudicated D.Z. for a Class B misdemeanor of criminal violation. When confronted, the student lied mischief and placed him on probation for four months. On appeal, D.Z. about driving a classmate and feigned contended that the statements he made to the assistant principal were ignorance about where he was supposed to obtained in violation of the Fifth Amendment to the U.S. Constitution park. The student’s “drug-related disciplinary because he was subjected to a custodial interrogation without being advised history, the reasonable inferences drawn from of his Miranda rights. his repeated violations of the school’s driving rules, and evasiveness in explaining his In D.Z. v. State , No. 32A05-1708-JV-1907, the Indiana Court of Appeals conduct all support a finding that Ward’s concludes 2-1 that the trial court erred when it admitted into the record the administration had reasonable grounds to student’s incriminating statements to the assistant principal. suspect that a search” of the vehicle would reveal illegal drugs, wrote the federal judge. When Assistant Principal Dowler reported the graffiti to Officer Flynn and requested his assistance with the ongoing investigation, the school and law The student’s argument for a hardline enforcement investigations became “inextricably intertwined,” writes Court prohibition against searching property of Appeals Judge Patricia Riley in her majority opinion. “Because the assistant located off campus “could lead to frustrating principal and Officer Flynn acted in concert in obtaining these incriminating and dangerous real-life results,” according to statements, and both were aware of the probability of criminal charges, D.Z. the court. “Students could avoid school should have been advised of his Miranda rights. Absent these warnings, the searches by merely parking across the street juvenile court abused its discretion in admitting D.Z.’s statements to the from school property, giving them quick and assistant principal.” unfettered access to all sorts of contraband.” The close proximity of the vehicle to school Key to the ruling is the court’s determination that D.Z. was in the functional — it was parked only a short block away — was equivalent of police custody when he was questioned by the assistant an important factor that weighed in favor of principal in his office with the door closed. “No reasonable student would FWCS, notes the court. The fact that the have believed that he was at liberty to leave the office,” writes Judge Riley. student attended an alternative school also “Although on its face appearing to be a school disciplinary proceeding, the matters because alternative schools have an ‘discussion’ between Dowler and D.Z. amounted in essence to an even greater need to maintain discipline and interrogation, geared towards a criminal proceeding.” safety for the protection of students and staff based on the nature of their population, The bottom line: when a school administrator works in concert with law writes the judge, a former Lake County enforcement, an incriminating statement obtained without a Miranda prosecutor. warning is subject to suppression if a criminal charge is brought. In sum, the vehicle search “was both justified Judge Elaine Brown dissented, arguing the record doesn’t indicate Dowler at its inception and reasonably related in acted as Officer Flynn’s agent in an attempt to bypass Miranda requirements. scope to the objectives of the search,” Look for this one to be taken up by the Indiana Supreme Court. concludes Judge DeGuilio. Hannah NEWS SERVICE www.hannah-in.com March 5, 2018/2 Q His forthcoming “Safe Schools Act” would enable local IN Elementary & Secondary Ed schools to apply for matching grants to make physical and technological improvements to their schools to better protect IN General . students. “Like every American, I am deeply saddened by the ! Superintendent of Public Instruction Dr. Jennifer tragedy in Parkland,” Rep. Messer said. “I drop my kids off McCormick (R) sends a letter to the members of the General at school and like every parent, I should not have to wonder Assembly and Indiana congressional delegation imploring if they will come home that day. We need to focus on them to take action to address school safety: “These efforts securing our schools to keep our students safe rather than must include passing policies which decrease risks, providing going after law-abiding gun owners.” support for social and emotional programs to address mental and behavioral health, and approving budgets that increase Q Under Rep. Messer’s proposed bill, schools could use the resources.” grants to purchase security equipment, make infrastructure upgrades, invest in technology, or hire additional school Q Dr. McCormick also served up some language for state resource officers. The Department of Homeland Security legislators to consider to extend the student safeguards that would administer the matching grant program. currently apply to traditional public schools to charter and accredited nonpublics. ! The Waterford Institute was the lone respondent to a Request for Proposals for Online Pre-K issued by the Family Q Look for IDOE to provide school districts with support and Social Services Administration and the Department of and guidance as students organize and participate in mass Administration. After evaluating Waterford’s proposal, FSSA walkouts and demonstrations in response to the Parkland, decided not to award a contract. Florida massacre. Q Sen. RRRyanRyanyanyan MiMiMishlerMi shler (R) of Bremen, chair of the Senate ! Charter schools and accredited nonpublic schools would Committee on Appropriations, tells your favorite education be required to adopt a school safety plan, but would continue newsletter that Senate Republicans remain committed to to be exempt from requirements that apply to traditional working with FSSA to find a solution to implement the public schools to employ a school safety specialist and have technology-based portion of the On My Way Pre-K program. a safe school committee, pursuant to a Second Reading amendment the Senate added to House Bill 1230. The Senate ! Governor EEEricEricricric Holcomb (R) signs an executive order Committee on Education and Career Development also Thursday creating an Office of Apprenticeships & added a new section requiring the Department of Education Work-Based Learning (OAWBL) as a distinct office within the by January 1, 2019, to conduct a statewide needs assessment Department of Workforce Development. He charges the of the school counselor and school nurse workforces; the OAWBL with doubling the number of Hoosiers who roles and functions they perform; the percentages of time participate in apprenticeships and work-based learning they spend addressing various student needs; the level of programs by 2020. Expect the new office to work with the unmet student needs; how schools are addressing trauma and U.S. Department of Education and Ivy Tech Community social and emotional health; and the steps schools take to College to expand the apprenticeship model into non- promote a positive environment. The Senate approved HB traditional industry sectors like technology. 1230 on Thursday by a 48-0 vote. The key language in the bill as it left the House remains: modernizing the definition of ! Eli Lilly & Company sponsors the Lilly Experience for cyberbullying to include bullying via cell phones, requiring Teachers of STEM (LETS), a two-day workshop at Lilly’s school employees to complete one hour of human trafficking corporate headquarters in Indianapolis on June 12-13. training every two years, and requiring school corporations to Participating teachers receive a $500 stipend and will meet maintain a web link to cyberbullying resources.
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