8235

The purpose of this policy is to outline the procedures and requirements regarding student search and seizure that contribute to the maintenance of a safe and orderly school environment that is conducive to learning while protecting students’ due process and property rights. It shall be the policy of the School System to take positive action through education, counseling, parental involvement, medical referral, and police referral in the handling of incidents in schools that threaten the health, safety and welfare of the school community.

School property may be inspected by school authorities in the interest of the maintenance of health, safety and welfare. Lockers and desks, though assigned to pupils, are school property, bring no expectation of privacy, and may be inspected by school personnel.

The student has exclusive control over property in his/her immediate possession, but this does not mean that school employees may not search a student’s property or person. When a reasonable suspicion arises that the search will turn up evidence of a violation of school rules, a search may be made of a student's person or personal property by the school administration. The scope of the search shall be reasonable to the article(s) sought.

1. The principal or designee (e.g. assistant principal) shall be responsible for determining whether or not a search shall be conducted of a student's person or personal property.

2. The student, whenever possible, shall be present during a search of property in his/her immediate possession.

3. Except in cases of immediate danger, a second person (witness) shall be present during a search of either a student or a student's personal property.

4. Except in cases of immediate danger, when a search is made of a student’s person, one adult present shall be of the same gender of the student, and any search that involves direct contact shall be made by a person of the same gender.

5. There shall be a record of all searches and/or seizures, including the location(s) searched, items seized, student, persons present, and reason.

6. The seizure or confiscation of items located in property in a student's immediate possession and/or on a student's person shall be accomplished in the following manner:

c. Each and every item seized must be identified and not commingled with other items previously or subsequently seized;

7. Those items considered illegal, illicit, disruptive, or a general nuisance to the educational process may be seized by staff. Storage, return, or destruction or such items shall be at the discretion of principal in order to maintain good order and discipline and subject only to legal impoundment.

The policy is rooted in the districts’ in loco parentis relationship with children and the obligation to provide a safe environment that protects the well being and supports the learning of those children.