Justification for student searches

Students possess the right to be free of unreasonable searches and seizures under the fourth amendment to the United State Constitution. Balanced against this right is the responsibility of school officials to create and maintain an environment consistent with the district's educational mission.

Prohibited items

Students may not bring to school items or substances which would disrupt the educational function of the school or which are prohibited by school Board of Trustees regulations or by law. Examples of items or substances in this category include, but are not limited to, weapons, clubs, explosives, firecrackers, alcoholic beverages and nonprescription drugs or drug paraphernalia.

Lockers and other school property

The district provides lockers and other storage spaces to students for their convenience. These storage areas remain school property and, as such are subject to periodic inspections by school authorities. The principal or his/her designee may search a student's locker when such employee has reasonable suspicion that the locker is improperly used for the storage of any substance or object, the possession of which is illegal, or may pose a hazard to the safety of the school. Unless an emergency exists, the student should be present and personally remove the contents of the locker for inspection. General locker searches may be called for at any time to include all lockers in a selected section of lockers for general housekeeping and safety of the school.

~~The school principal or his/her designee will maintain an accurate list of all locker assignments and either a master key or combinations to all lockers.~~

At the time a student is assigned to a locker or other storage space, he/she must be informed that school authorities are empowered to conduct random periodic inspections of school lockers. School authorities will post notices of this inspection policy in appropriate locations throughout the school.

~~School authorities will also inform students of the following locker regulations.~~

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

· ~~Students are to keep their lockers locked.~~

· ~~Students are not to give other students access to their locker.~~

Emergencies

Circumstances, which put the safety of students or school staff at risk or could result in substantial property damage, also will 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.

Student searches

~~No school personnel will conduct a search, which may be considered a strip search.~~

~~All searches of students must be conducted or authorized by the principal or his/her designee in the presence of a witness.~~

When the need to search a student arises, the student may be asked to consent to the search. In no event will the principal threaten the student with harsher punishment or treatment for refusing to consent nor will the student be coerced or induced to give consent in any other manner. The consent, if given, will be put in writing.

School personnel may, in the course of an investigation and upon reasonable suspicion, ask a student voluntarily to empty the contents of his/her pockets, wallet, purse or similar bags or places of potential concealment or to allow school personnel to search a wallet, purse, bag or other items of potential concealment not a part of immediate wearing apparel such as shoes or a jacket.

If a personal search is deemed necessary, or if the search of a pocket, wallet, purse or similar bag or place of potential concealment is deemed necessary and not voluntarily consented to by the student, school personnel will request the parent to perform the search or the matter may be turned over to the appropriate law enforcement agency.

Motor vehicles

The privilege of bringing a student-operated motor vehicle onto school premises is conditioned on consent by the student driver to allow search of that motor vehicle when there is reasonable suspicion for a search of that motor vehicle. The act of bringing a motor vehicle upon school premises will allow school officials to presume consent by the student, parent or owner of the vehicle for a search of that motor vehicle. Refusal by a student, parent or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the motor vehicle will be cause for termination without further hearing of the privilege of bringing a motor vehicle onto school premises. The principal or his/her designee may request a law enforcement officer to search a motor vehicle on school premises, subject to provisions of this policy.

Police notification

~~School administrators will contact law enforcement authorities with regard to possession of items that constitute a violation of law.~~

~~Issued 09/15/03~~