Searching Students With Disabilities on a Daily Basis is Unconstitutional

In Hough by Abbott v. Shakopee Public Schools, 53 IDELR 232 (D. Minnesota 2009), the U.S. District Court found that requiring daily searches of backpacks and clothing (and sometimes pat-downs) at a school for students with disabilities violated the 4th amendment rights of those students. Although some students had carried items on campus that were forbidden according to district policy, searching all students on a daily basis was determined excessive and unreasonable. The court noted that the U.S. Supreme Court has permitted limited searches of students who want to participate in extracurricular activities, (e.g., athletes); however, U.S. District Judge Patrick J. Schlitz wrote, "No student is entitled under law to play football or sing in the choir, but every [student with a disability] is entitled under the law to special education services."