SEARCH AND SEIZURE (502.8)
School district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated. The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities. The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.
School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district
SEARCH AND SEIZURE (502.8R1)
Searches, in general
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.
Considering factors such as the following may form reasonable suspicion:
eyewitness observations by employees;
information received from a reliable source;
suspicious behavior by the student; or
the student’s past history and school record - this factor alone is not sufficient
B. Reasonable scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
1. the age of the student
2. the sex of the student
3. the nature of the infraction
4. the emergency requiring the search without delay
Types of Searches
A. Personal Searches:
1. A student’s person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or law affecting school order.
2. Personally intrusive searches require more compelling circumstances to be considered reasonable.
a) Pat-Down Search: is conducted in private by a school official of the same sex with witnesses
b) More intrusive is permissible in emergency situations when health and safety are threatened.
B. Locker Inspections:
Although school lockers are temporarily assigned to individual students, they remain the property of the school district and are subject to unannounced inspections. Any contraband discovered during the search will be confiscated by school officials and turned over to law enforcement officials.
C. Automobile Inspections:
Students are permitted to park on school premises as a matter of privilege, not of right. Therefore, the student’s automobile may be searched if the school official has reasonable suspicion.