My son has been searched 5 times already this year. And of course they never find anything. It feels as though he is

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Customer: My son has been searched 5 times already this year. And of course they never find anything. It feels as though he is being targeted by the principal and other staff members. We don't know if this is some kind of racial profiling on their part. Because he is Filipino, many mistake him for Mexican. Or perhaps it's how he dresses. It is becoming increasingly frustrating for us to deal with this. Do we have any rights in this area, since it is a public middle school?
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: WA state
JA: What steps has your son taken so far?
Customer: The last time this happened, he had a meeting with the principal. Even though they found nothing on him and had no proof of any wrong doing. He was punished anyway. Now his father and I have made an appointment to speak with the principal in person.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not anything I can think of. We just want to know if we have any rights in this matter or does he just have to accept being targeted by them?
Answered by BrianB34 in 6 mins 6 months ago
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BrianB34
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BrianB34, Expert

Hello, this is Brian I am an attorney licensed in the State of Florida. Please understand I am just a site-user I am not an employee of JustAnswer. PLEASE TAKE NOTE THAT THIS A PUBLIC FORUM WITH NO ATTORNEY CLIENT PRIVILEGE, IF YOU WOULD LIKE A MORE PRIVATE CONVERSATION PLEASE REQUEST A PHONE CALL VIA THE PREMIUM SERVICE BUTTON. Additionally, please take note of this disclaimer:

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BrianB34, Expert

Wow, I am terribly sorry to hear about this.

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BrianB34, Expert

This is two-fold.  A student has very few rights while at school, the administration actually has more authority than the police while a student is on campus.  But they still do not have the authority to discriminate.

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BrianB34, Expert

At this meeting, I would make crystal clear that your child is continually searched, with no contraband ever being discovered.  That these searches have become frequent, and fruitless.  That at this point the only rational explanation is that he is being searched because of suspected criminality because of his race.

Customer
They have also accused him of writing about his "drug use". I asked her to produce this, because I know for a fact that is not true.
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BrianB34, Expert

So obviously, proving racial discrimination will be exceedingly difficult for you.

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BrianB34, Expert

But if they continue, after you have formally put them on notice then it becomes more possible.

Customer
He has checked out books from the school library to learn about drugs. Factual informative type books. And now they are saying this in inappropriate behavior at school.
Customer
He will be going to High School next year. And he is very concerned this is going to ruin his reputation in the future. And he wont be able to move on from it.
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BrianB34, Expert

I mean, they shouldn't have those books in school if they don't want kids to read them, that is your answer to that.

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BrianB34, Expert

Just calmly and rationally counter all of his points while pointing out their inconsistency and harassment.

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BrianB34, Expert

You're premature to do anything, but you are formally putting them on notice.  I would actually follow up with ah formal letter as well.

Customer
Would it be in our right to ask to record our meeting with the principal? She has a way of flip flopping on what she says
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BrianB34, Expert

They are very unlikely to allow that, but you could always ask.

Customer
Ok, any other advise you could give us going in to this meeting?
Customer
How do we go about proving discrimination
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BrianB34, Expert

It is very difficult, but the existence of multiple searches, especially after warning with finding no evidence of drug use... is a real start.
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BrianB34, Expert

Whether this is a school wide thing, or if he is the only one being searched on a regular basis.

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BrianB34, Expert

But I would provide the school, principal and all assistant principals with a letter documenting all of this fruitless harassment.

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BrianB34, Expert

I have to leave the office for a meeting, if you have any other questions please let me know and I will get back to you tomorrow. Otherwise, thank you and have the best possible holiday season under the circumstances.

-Brian

Customer
Thank you for taking the time. Happy Holidays
Tiffany
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BrianB34, Expert

Same to you Tiffany take care,

-Brian

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