Peabody Middle School Justified In Search Of Students: Report

PEABODY, MA — An internal Peabody Public Schools report says administrators were justified in searching a classroom of eighth grade students at Higgins Middle School in January after one of the students said her cellphone and $130 had gone missing.

Peabody Patch obtained a copy of the report, which has not been released publicly.

The report was based on interviews with Associate Principals Dennis Heenan and Michelle Fine, School Resource Officer Brian Colella and Principal Todd Bucey. No students or parents were interviewed by Stephen Farrell, the district's human resources director who compiled the Jan. 30 report after parents complained about the searches.

A school administrator searched the backpacks and personal belongings of the students in an art classroom Jan. 17. The missing money and cellphone were not located and no students were disciplined. Farrell concluded the search of approximately 30 students and their belongings was justified and done within school policies.

"There was no physical touching and no student refused, in fact they were cooperative," the one-page report says. "The administrators followed the intent of the policy and were looking out for the best interest of the student missing the money. Parents were called after the incident to explain what happened, which was consistent with past search practices for individual searches."

Farrell cites the school district policy clarifying officials have the right to inspect student lockers, which are school property, "as needed in the interest of safeguarding children." But courts have generally ruled such policies don't extend to searches of students or their personal belongings. While students do not have the Fourth Amendment right to unreasonable searches while in school, courts have generally said schools need to have "reasonable suspicion" to search individual students and their belongings.

"I see no reason to discipline any of the staff involved in this incident," Farrell wrote. "I do see an opportunity to make sure that the District produces a uniform protocol for situations like this."

Michelle Baker, whose daughter was one of the students that was searched, said she was not satisfied with the report's conclusion. Baker spoke during the public comment period of Tuesday's remote meeting of the Peabody School Committee and said her daughter was searched even after she said she wanted her mother present for the search. Baker also disputes the report's contention that parents were notified.

Students "were threatened with police involvement and searched several times," Baker said. "After I said I want to be present for any search or questioning of my daughter they waited 15 minutes to go ahead and do it without me."

Baker said she wants the school district to update its policy so there is "no room for interpretation as dictated by current state and federal law" and she wants staff be trained on what is and what is not a lawful search.

The School Committee does not comment or respond to comments made during public comment periods because those items have not previously been listed on the agenda. But the School Committee has not taken action on the minutes from the meeting when the report was submitted, citing a pending public records request.