5145.12 - Search and Seizure

5145.12

Students

5145.12 - Search and Seizure

Students have the right to be free of unreasonable searches and seizures under the Fourth Amendment of the Constitution of the United States. Balanced against this right is a school official’s responsibility to create and maintain an environment consistent with the school’s educational mission. School officials have a duty to protect the health, safety, and welfare of all students under their authority.

School administrators or their designee are authorized to search school lockers as well as other school property and to search students and their personal property (including student automobiles located on school property) with reasonable care for the Fourth Amendment rights of such students. Any such searches are subject to the following requirements:

1. Reasonably justified from inception. There must be reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.

2. Reasonable Suspicion. School officials must have individualized, reasonable suspicion to believe there is evidence of a violation of law, Board policy, or school rule. Reasonable suspicion includes when school officials have reasonable information that an emergency or dangerous circumstances exist.

3. Reasonable in Scope. The actual search must be reasonably related to the objectives of the search and not excessively intrusive in light of the age, sex, maturity of the student and nature of the alleged infraction.

Teachers and other personnel are directed to promptly notify school administration when a situation arises that in their opinion requires the search of student, his/her belongings, school locker/desk or other property. Teachers are not authorized to conduct a search themselves unless explicitly requested to do so by an administrator. Searches shall be conducted in the presence of another adult witness whenever feasible under the circumstances.

I. Student Searches

Students or their property, including personal automobiles parked on school property, may be searched according to the three requirements described above. Whenever possible, school officials will obtain consent from students prior to conducting any searches. It is the Board’s policy to prohibit student strip searches by school officials. The parents/guardian of any student who is subjected to a student search shall be notified as soon as feasible. Any search conducted by a school administrator or his/her designee shall be carried out in the presence of another adult witness unless an emergency exists.

An administrator may search a student’s cell phone or other electronic communication device if

the administrator has reasonable suspicion that a search will reveal that a law, Board policy, or school rule has been violated, and the search must be reasonable in scope. A student’s cell phone or other electronic communication device shall not be searched if the student’s conduct consisted solely of having such device out and/or using such device at an inappropriate time in violation of Board policy or school rules. If an administrator has reasonable suspicion that the search will turn up evidence of sexting (i.e., nude and/or sexually explicit pictures of children), the administrator should contact police officials and not conduct a search. This does not prohibit administrators from questioning students about their suspicions that sexting has occurred.

School administrators and/or teacher may seize any item which is evidence of a violation of the law, Board policy, or school rule.

If a search produces evidence of criminal wrongdoing, a school administrator or his/her designee shall notify the police. If police officials are notified, a school administrator or his/her designee shall advise the student’s parents of this fact as soon as possible. Administrators shall document all searches including an inventory of items seized. It is recommended that photographs be taken of the seized items.

II. Search of School Property (Lockers, desks, and other school property)

Lockers, other storage spaces, desks, school owned/leased technology (i.e, Chromebook and laptops), and similar school property are provided to students for their convenience. These items remain the property of the Windsor Locks Public Schools despite being provided to students for their use.

The right to inspect desks and lockers and other school property assigned to students may be exercised by school officials to safeguard students, their property and school property with reasonable care for the Fourth Amendment rights of students.

The exercise of the right to inspect also requires protection of each student’s personal privacy and protection from coercion. An authorized school administrator may search a student’s locker or desk under three (3) conditions:

1. There is reason to believe the student’s desk or locker contains the probable presence of contraband materials.

2. The probable presence of contraband material poses a serious threat to the maintenance of discipline, order, safety and health in the school.

3. The student(s) has been informed in advance that Board policy allows desks and lockers to be inspected if the administration has reason to believe materials injurious to the best interests of students and the schools are contained therein.

Additionally, the periodic routine inspection of school lockers is permissible to ensure that school property is being used appropriately in a manner consistent with the health and safety of students. Notice shall be provided that routine inspection may occur.

In accordance with the board’s acceptable use policy, Students shall have no expectation of privacy in school issued technology.

III. Drug sniffing dogs

Use of drug-detection dogs may be used only on the express authorization of the Superintendent. The use of drug-detection dogs shall be conducted according to established guidelines and applicable law. To support an effort to eliminate the possession and use of illegal substances, the Board permits the Superintendent to invite law enforcement or individuals from other qualified agencies to use trained dogs on school property to sniff for the presence of substances prohibited by law or school policies such as those prohibiting use/sale/possession of drugs or alcohol. Safety precautions will be taken to ensure student safety while dogs sniff or searches are occurring.

IV. Use of Metal Detectors

Use of metal detectors, or similar detective devices may be used only on the express authorization of the Superintendent and in accordance with guidelines established for such use.

V. Seizure of Contraband

VI. District officials may seize any item which is evidence of a violation of the law, Board policy, or school rule. Law Enforcement Personnel

Searches of school property or students may be conducted by law enforcement personnel only with prior approval of, or at the request of, the school administration. Noted exceptions to this policy are when a police officer witnesses a crime on school property, suspects a student is armed, or a student is attempting to destroy evidence of the commission of a crime. If a Memorandum of Understanding (MOU) exists between the Windsor Locks Public Schools and the local police in place protocols contained in the MOU shall be followed.

VII. Notification

Parents and students shall be notified of this search and seizure policy through its inclusion in District student handbooks, and/or placement on individual school and/or District websites. Students may be further notified of individual school practices related to random routine locker inspections, the use of drug sniffing dogs and/or use of metal detectors on school grounds through onsite postings, letters sent home or notices provided to students concurrent with locker assignment.

Legal References:

Connecticut General Statutes:

10-221 Boards of education to prescribe rules

54-33n Search of school lockers and property

Case Law

New Jersey v. T.L.O., 469 U.S. 325; 105 S.Ct. 733

Safford Unified District #1 v. Redding, 129 S.Ct. 2633

Burbank v. Canton Board of Education, 2009 WL 3366272, *8 (Conn. Super. Ct. Sept. 14, 2009)

Policy Adopted: March 28, 2013

Policy Revised: December 8, 2022

R5145.12

Students

R5145.12 - Search and Seizure

Justification for Student Searches

Students have the right to be free of unreasonable searches and seizures under the Fourth Amendment of the Constitution of the United States. Balanced against this right is the school officials’ responsibility to create and maintain an environment consistent with schools educational mission. School officials have a duty to protect the health, safety, and welfare of all students under their authority.

Prohibited Items

Students are prohibited from bringing to school items or substances which would disrupt the education function of the school or which are prohibited by school Board policy or administrative regulations or by law. Examples of items or substances in this category are weapons, clubs, explosives, firecrackers, alcoholic beverages, and drugs or drug paraphernalia, vapes or other nicotine or marijuana delivery systems.

Lockers and Other Property

Lockers and other storage spaces are provided to students for their convenience. These storage areas remain school property, and as such, are subject to routine periodic inspections by school authorities as well as searches. Such inspections allow responsible school authorities to confirm lockers are being used appropriately in a manner consistent with the health and safety of all students. Students should not store items which violate school Board policy, administrative regulations, or law in school lockers.

Emergencies

Circumstances which could put the safety of students or school staff at risk or could result in substantial property damage also constitute sufficient reasons for school or police officials to conduct a thorough search of all school property. A bomb scare is an example of such an emergency.

Principals, or designees, may also conduct searches of student lockers, or property of students themselves, when there are reasonable grounds to suspect a particular student is in possession of an item or a substance that represents a material threat to school routine or is prohibited by school Board policy, administrative regulations, or law.

Student property shall include, but not be limited to, purses, knapsacks, book bags, and the like; outer coats and jackets; footwear; belts; pockets; hair; hats; and automobiles. If students do not have access to their cars during school hours, searching student automobiles should not be done.

School authorities in cooperation with police may use dogs to conduct searches of school property and student-driven automobiles.

School authorities shall cooperate with appropriate law enforcement agencies in investigations of incidents on school property and in other investigations as outlined in Board of Education policy.

Lockers and Other School Property (Desks)

1. The school Principal or designee shall maintain an accurate list of all locker assignments and either a master key or combinations to all lockers.

2. At the time a student is assigned a locker or other storage space, he or she shall be informed that school authorities are empowered to conduct random periodical inspections of school lockers as well as searches based on reasonable suspicion of a student’s having illegal items or items violative of Board policy or administrative regulation. Inspection policy also shall be posted in appropriate locations throughout the school.

3. Students will also be informed of the following locker regulation:

a. Students are responsible for the contents of the locker assigned to them.

b. Students are to keep their lockers locked.

c. Students are not to give other students access to their locker.

4. The exercise of that right to inspect also requires protection of each student’s personal privacy and protection from coercion. An authorized school administrator may search a student’s desk or locker under the following conditions:

a. When the administrator believes the search is justified at its inception and is reasonably related in scope to the circumstances justifying it;

b. There are reasonable grounds to believe the search will reveal evidence that a student has violated or is violating either school rules or laws.

The search of a group of students’ desks or a group of students’ lockers, where no particular student within the group is suspected, may be conducted only if there is a reasonable suspicion of conduct immediately harmful to students, staff, or school property.

Prescription/Nonprescription Drugs

Students who have a legitimate need to bring prescription and nonprescription drugs to school should register this information in the nurse’s office. No student shall possess, use, or sell/distribute drugs of any kind, inclusive of controlled substances, nonprescription and prescription drugs and medical marijuana, in a manner that violates state law or board policy. Students remain subject to possible search and seizure for the possession, use, sale or distribution of drugs where reasonable suspicion exists to believe a school rule, board policy or law has been violated.

Lost and Abandoned Items

Lost or abandoned items will be inspected by school authorities

1. All searches of students shall be conducted or authorized by the Principal or designee, in the presence of a witness unless an emergency situation exists.

2. Students may be asked to consent to searches, but in no event shall the student be threatened with harsher punishment or treatment for refusing to consent, nor shall he or she be coerced or induced to give consent in any other manner. Consent, if given, shall be in writing. If the student is unwilling to give free and voluntary consent, the school administrator may order the student to submit to a search. No student shall forcibly be searched. Students who refuse to consent may be subject to school disciplinary action for insubordination or another appropriate offense.

3. Searches should be no more intrusive than necessary to discover that for which the search was instigated.

4. A search of a student’s handbag, gym bag or similar personal property carried by a student may be conducted if there are “reasonable grounds” for suspecting the search will turn up evidence the student has violated, or is in violation, of the law or the rules of the school.

5. A locker search shall be conducted in the presence of another staff member and in the presence of the student responsible for the contents of the locker, if possible.

6. Searches may include, if school authorities think necessary, a frisk or pat down of student’s clothing. Frisks, or pat down searches, shall be conducted by a member of the same sex as the student and in the presence of another staff member.

7. At no time should school officials conduct a search which requires a student to remove more clothing than shoes, hat, or jacket. If school authorities are convinced a more intrusive search is required, they should advise the proper law enforcement agency.

8. “Strip searches” of students are prohibited by employees of the Windsor Locks Public Schools.

9. Student searches, which disclose evidence of school misconduct, but not criminal misconduct, should be treated according to applicable policies and/or regulations.

In the event a student search discloses evidence of criminal wrongdoing, the school Principal or designee shall notify police officials of the fruits of the search. If police officials are notified, the student’s parent/guardian should be advised of this fact as soon as possible.

Cooperation with Police and Other Authorities

The Police Department and the school system work closely to protect the health and welfare of all students, and all school personnel shall cooperate fully with the police department. On occasion, it may be necessary for the police to interview a student in school or arrest a student during school hours. The following procedures shall guide the administration in such occurrences. If the District has entered a Memorandum of Understanding (MOU) with the police, applicable protocols set forth in the MOU shall be followed.

Questioning of a Student

1. If the police wish to question a student regarding an incident that did not occur on school property during the school day, the administrator shall request of the police that the interviewing of the student take place, if possible, at the Police Department or at the home of the student rather than on school premises. Any administrator receiving such a request from the police, shall notify the Superintendent of Schools as soon as possible.

2. When it is necessary to interview a student on school grounds, the Principal shall ask the police officer for an explanation of the purpose of the interview and attempt to notify the parent/guardian of the student in order to have them present during the interview. The administrator shall request of the police that an interview not take place until the parent/guardian has been notified.

3. In cases where the parent/guardian is not present during an interview, the Principal (or his/her designee) must be present and must advise the student that participation in the interview is voluntary. As soon as possible, the Principal shall notify the parent/guardian that the interview took place.

4. The administrator present during the interview shall keep notes and retain such notes in his/her file pending resolution of the incident being investigated.

Arrest of a Student

1. The Principal may request of the police that they not arrest a student in school for a non- school related offense.

2. If the police must arrest a student in school, the Principal shall ask to see the arrest warrant and attempt to have the arrest take place in as private a location as possible and as discreetly as possible.

3. The Principal shall notify the parent/guardian of a student who is arrested on school property during the school day as soon as possible.

4. The Principal shall also notify the Superintendent of Schools of the arrest as soon as possible.

Request for Information from the Police

If the police request information from school personnel to assist them in their investigation of a complaint, personnel must be guided by the following:

1. Provide official student records only with parent/guardian consent or if a subpoena or court order to provide the records is presented. Note: if a subpoena or court order to provide student records is presented, notify the parent/guardian of the student that records have been released to the police. Consultation with the District’s legal counsel is recommended before providing the requested records.

2. If the police request the names of students and/or staff that were interviewed in the school investigation of a situation in the school, the names of those who might be able to provide relevant information should be provided.

3. If the police request notes from the school investigation, the notes do not need to be provided unless ordered by subpoena or court order. Indicate to the police that notes are not official and that because they were taken in response to a school complaint rather than a police complaint, they would not be appropriate for police use.

Notification of Search and Seizure Policy and Practices

Students shall be informed annually that Board policy allows for the legal search of students, their personal property including personal technology such as cellphones and student vehicles parked on school grounds, school property such as school desks/lockers and as well as the possible use of dog sniffing canine and metal detectors, if deemed appropriate and necessary by the Superintendent of Schools. Searches shall be in accordance with state and federal law and Board policy and regulations.

Parents and students shall be annually notified through one or more of the following methods:

1. Placement of Board Policy in Student/Parent handbooks;

2. Placement of Board Policy on individual school and/or District websites;

3. Postings at schools regarding locker/desk searches including random routine locker inspections, and/or the use of drug sniffing dogs and/or use of metal detectors;

4. Letters sent home to parents/guardians;

5. Written notification of Board policy/practice provided concurrent with the assignment of student lockers or student parking permits/spaces.

(cf. 5141.21 Administering Medications)

Legal References:

Connecticut General Statutes

10-221 Board of Education to prescribe rules.

54-33n Search of school lockers and property

New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985)

Safford Unified School District #1 v. Redding (U.S. Sup. CT 08-479)

Regulation Approved: March 28, 2013

Regulation Revised: December 8, 2022