Volusia County Schools one step closer to conducting random searches on campus
Daytona Beach News-Journal | By Mary Ellen Ritter | April 10, 2024
DELAND — The Volusia County School Board Tuesday inched closer to permitting random screenings without cause on school sites by approving a motion to advertise changes made to the Student Code of Conduct and Discipline at its meeting.
According to the elementary and secondary Student Codes of Conduct and Discipline, the addition reads as follows: “Searches – All individuals entering or present on Volusia County School sites or events are on notice that randomized screenings may be conducted without cause by the site administrator utilizing minimally intrusive electronic devices.”
This is the amendment’s third public revision. Approving the advertisement does not mean the amendment is final. According to Kevin Pendley, general counsel, advertised items return to the board for a final vote following the 28-day statutory period.
The motion — made by Ruben Colón and seconded by Carl Persis — passed 4-1 with Anita Burnette opposed.
Burnette said she was concerned with including the word “random” in the amendment.
“I did verbalize I just don’t want the word in there,” Burnette said. “I want to support this policy, I just, I really don’t like that verbiage.”
Pendley noted that the statute’s language supports the board’s goal of having a random screening process with electronic devices and that there is reasoning and law to support why probable cause or reasonable suspicion is unnecessary when conducting searches.
“You do not have to have probable cause or reasonable suspicion of an individual,” Pendley said. “It’s a screening process for everyone, and the purpose … is to provide a deterrent to individuals bringing weapons on campus.”
Board member Jessie Thompson noted that the randomization element is what will hopefully deter students from bringing weapons to school.
Colón said that screenings are random, but if the detectors are “triggered,” then searches will be conducted with cause.
“If a student does, is able, to pass the metal detector without a problem, they keep going and that’s it,” Colón said. “If they set off the metal detector and are not able to pass it accordingly, then we have cause to do further search; so at that point, that’s not the same … at that point we would have cause because the metal detector was … triggered.”
Persis reiterated that the searches would not be random if cause was needed and vice versa.
“In order to make this all work, … you can’t have both of those in the same sentence,” he said.
Board Chair Jamie Haynes is in favor of the screenings.
“If this keeps any weapon off campus or deters someone from bringing a weapon, which therefore keeps all of our students, teachers, staff and administrators safe, I have to support it,” Haynes said.
While most board members are in favor of the proposed policy, Matt Johnson, chair of the Libertarian Party of Volusia County noted in a statement released to The News-Journal that his organization “strongly opposes” it because the policy “not only violates fundamental principles of individual rights and privacy but also sets a dangerous precedent for the erosion of civil liberties within our freedom.”
Johnson said implementing random searches could create an atmosphere of distrust and surveillance. He also raised concerns that the searches would result in racial profiling and discrimination.
“Such practices not only perpetuate existing inequalities within our society but also undermine efforts to promote fairness and justice for all,” he said in the release.
Persis reiterated that the searches would not be random if cause was needed and vice versa.
“In order to make this all work, … you can’t have both of those in the same sentence,” he said.
Board Chair Jamie Haynes is in favor of the screenings.
“If this keeps any weapon off campus or deters someone from bringing a weapon, which therefore keeps all of our students, teachers, staff and administrators safe, I have to support it,” Haynes said.
While most board members are in favor of the proposed policy, Matt Johnson, chair of the Libertarian Party of Volusia County noted in a statement released to The News-Journal that his organization “strongly opposes” it because the policy “not only violates fundamental principles of individual rights and privacy but also sets a dangerous precedent for the erosion of civil liberties within our freedom.”
Johnson said implementing random searches could create an atmosphere of distrust and surveillance. He also raised concerns that the searches would result in racial profiling and discrimination.
“Such practices not only perpetuate existing inequalities within our society but also undermine efforts to promote fairness and justice for all,” he said in the release.
How has Volusia County Schools changed language regarding random searches on campus?
Volusia County’s school board was originally slated to vote on the searches at its Jan. 23 meeting. But after much deliberation that night, the board unanimously decided to postpone the discussion until its next workshop March 12.
In January, some board members raised concerns with language used in the proposed amendment, so at the March workshop, Pendly proposed revisions with consideration to their feedback: “All individuals entering or present upon a Volusia County School site or event are on notice that randomized screenings may be conducted utilizing minimally intrusive electronic devices without cause by the site administrator.”
The original amendment read as follows: “All visitors to Volusia County School sites or events are on notice that searches may be conducted at random and without cause by the site administrator. Furthermore, the use of an electronic device may be utilized with the search.”
Why do Volusia school officials feel random screenings are necessary?
Patty Corr, Volusia County Schools’ chief operating officer, said at the March workshop that random searches will allow the district to prevent violence by identifying individuals with weapons and discouraging students from bringing weapons to school.
Additionally, Corr said, “If a student is identified to have a weapon, it gives us the opportunity to determine why and address it before it goes too far.”
How will random screenings work at Volusia County Schools?
According to Corr, a computerized random generator will select both the school and the school’s classroom.
“We hit the button to spin it, and it spins, and we land on a school that’s totally random,” Corr said at the workshop.
Due to the randomized nature of the generator, it is possible that the same school or same classroom could be chosen multiple times in the same school year. The district has not stated how frequently it will conduct screenings.
A district team led by Nate Anderson, Volusia’s coordinator of Student Services, will visit the randomly selected school and work with that school’s administrators to set up the metal detector and conduct the screenings, according to Corr. All principals will receive training on the device operations, and a mental health team will be on standby if necessary.
Capt. Todd Smith, director of safety and security for Volusia County Schools, noted that 14 Florida counties use metal detectors in some capacity for random screenings: Bay, Brevard, Broward, Escambia, Hendry, Hillsborough, Indian River, Lee, Leon, Manatee, Miami-Dade, Orange, Osceola and Seminole.
Will random screenings disrupt class time in Volusia County Schools?
Persis was concerned that implementing screenings would take away from valuable class time, however, at the March workshop, Corr said there would be minimal disruption to instructional time because the district hopes to use an open-gate style metal detector as opposed to a “bulkier” option.
They can be set up right outside of the classroom door for students to quickly walk through at either the start or end of class, according to Corr.
