Any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the District Code of Conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student's parent/guardian before questioning the student. However, school officials will explain to the student why they are being questioned.
The Board authorizes the Superintendent, Assistant Superintendents, Building Principals, Assistant Principals, and the School Nurse to conduct searches of students and their belongings, in most instances, if the authorized school official has reasonable individualized suspicion to believe that the search will result in evidence that the student violated the law or the District Code of Conduct.
An authorized school official may conduct a search of a student's belongings that is minimally intrusive without reasonable suspicion, such as touching the outside of a book bag when alerted to potential possession of a concealed weapon, so long as the school official has a legitimate reason for the very limited search. The school official shall request consent from the student prior to conducting such search.
An authorized school official may search a student or the student's belongings based upon information received from a reliable informant. Individuals, other than the District employees, will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own penal interest, or they provide the same information that is received independently from multiple other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously provided information that they knew was not accurate.
Before searching a student or the student's belongings when reasonable individualized suspicion is required, consent to search should be solicited and, if denied, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law, Board policy or the District Code of Conduct.
Whenever practicable, searches will be conducted in the privacy of administrative offices and students will be present when their possessions are being searched.
A. Student Lockers, Desks, Electronic Devices and other School Storage Places
Student lockers, desks, District issued electronic devices and other school storage places are District property and are provided by the District for student use. Students have no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks, District issued electronic devices and other school storage places may be subject to search at any time by school officials, without prior notice to students and without their consent.
B. Student Motor Vehicles
It is a privilege, not a right, to park on District property. The District retains the authority to conduct routine patrols of school parking areas. The interior of a student’s automobile on school premises may be searched if the school authority has reasonable suspicion to believe that such a search will produce evidence that the student has violated or is violating the law or District policy or the District Code of Conduct.
C. Strip searches
A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. The District prohibits strip searches.
D. Personal Communication Devices
Use, activation or display of a cell phone or personal communication device at an unauthorized time in a manner that substantially disrupts school activities, may be subject to disciplinary measures pursuant to the Code of Conduct. A device confiscated by an authorized administrator must be turned off by the student and/or the administrator. The safekeeping of the device is the responsibility of the authorized administrator.
Cell phones and similar electronic devices may be searched by an authorized administrator only where there is reasonable suspicion that the search will reveal evidence of a serious breach of school rules or the law; any such search must be limited in scope to areas in which such evidence is likely to be stored. Search of a student’s cell phone or electronic device must be approved in advance by the Superintendent or Principal.
E. Documentation of Searches
The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:
1. Name, age and grade of student searched.
2. Reasons for the search.
3. Name of any informant(s).
4. Purpose of search (that is, what item(s) were being sought).
5. Type and scope of search.
6. Person conducting search and his or her title and position.
7. Witnesses, if any, to the search.
8. Time and location of search.
9. Results of search (that is, what items(s) were found).
10. Disposition of items found.
11. Time, manner and results of parent/guardian notification.
The Principal or the Principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The Principal or designee shall clearly label each item taken from the student and retain control of the item(s), until the item is turned over to the police. The Principal or designee shall be responsible for giving immediate notice to the police of the existence of such contraband and for personally delivering dangerous or illegal substances and/or items to police authorities.
F. Police Involvement in Searches and Interrogations of Students
District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials, however, have limited authority to interview or search students in schools or at school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:
1. A search or an arrest warrant; or
2. Probable cause to believe a crime has been committed on school property or at a school function.
Consent will be required from a student’s parent/guardian prior to permitting the police to question the student on school grounds, unless the questioning is about a crime allegedly committed on school property. The Principal or designee will also be present during any police questioning or search of a student on school property or at a school function.
Students who are questioned by police officials on school property or at a school function will be afforded the same rights they have outside the school. This means:
1. They must be informed of their legal rights (“Miranda” rights).
2. They may remain silent if they so desire.
3. They may request the presence of an attorney.
G. Child Protective Services Investigations
Consistent with the District’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services (“CPS”) when they have reasonable cause to suspect that a student has been abused or maltreated, the District will cooperate with local child protective services workers, or members of a multi-disciplinary team accompanying such workers, who are responding to allegations of suspected child abuse, and/or neglect, or custody investigations. Such data and assistance include access to records relevant to the investigation, as well as interviews with any child named as a victim in a report, or a sibling of that child, or a child residing in the same home as the victim.
All requests by CPS to interview a student on school property shall be made directly to the Principal or designee. Child protective service workers and any associated multi-disciplinary team members must comply with the District’s procedures for visitors, provide identification, and identify the child(ren) to be interviewed.
The Principal or designee shall decide if it is necessary and appropriate for a school staff member, including but not limited to an administrator or school nurse, to observe the interview either from inside or outside the interview room.
A child protective services worker may not remove a student from school property without a court order, unless the worker reasonably believes that the student would be subject to danger of abuse if they were not removed from school before a court order can reasonably be obtained. If the worker believes the student would be subject to danger of abuse, the worker may remove the student without a court order and without the parent’s/guardian’s consent.
Cross-ref: 5300 District Code of Conduct
4526 Computer-Assisted Instruction
4526.1 Internet Safety
Ref: Social Services Law §425
18 NYCRR §432.3
Safford Unified School District #1 et al. v. Redding, 129 S. Ct. 2633 (2009)
Vassallo v. Lando, 591 F.Supp.2d 172 (E.D.N.Y. (2008))
Phaneuf v. Fraikin 448 F.3rd 591 (2006)
New Jersey v. TLO, 469 U.S. 325 (1985)
In re Gregory, 82 N.Y.2d 588 (1993)
People v. Scott D., 34 N.Y.2d 483 (1974)
People v. Singletary, 37 N.Y.2d 310 (1975))
People v. Overton, 20 N.Y.2d 360 (1969)
M.M. v. Anker, 607 F.2d 588 (2d Cir. 1979)
Opinion of Counsel, 1 EDR 800 (1959)
Adoption date: December 1, 1995
Amended date: April 20, 2004
Amended date: January 11, 2021
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