Policy
SEARCHES, STUDENT INTERROGATIONS AND ARRESTS
Code JIH Issued DRAFT
As authorized by state law, district and
school administrators and officials may conduct reasonable searches on district
property of lockers, desks, vehicles and personal belongings such as purses,
book bags, wallets and satchels, with or without probable cause, subject to the
limitations and requirements of this policy.
The district administration is directed to ensure compliance with S.C.
Code Ann.
§
59-63-1150, which requires that administrators must receive training in
the "reasonableness standard" under existing law and in district
procedures regarding searches. The
district administration is further authorized and directed to establish
procedures to be followed in conducting searches. The Board further directs the district
administration to ensure that notice is posted in compliance with S.C. Code Ann. § 59-63-1160
advising that any person entering the premises of any school in the district
will be deemed to have consented to a reasonable search of his/her person and
effects.
All searches must comply fully with the "reasonableness
standard" set forth in New Jersey v. T.L.O., 469 U.S. 328 (1985). This
reasonableness standard recognizes that balancing the privacy interests of
students with the substantial need of teachers and administrators to
maintain order in the schools does not require that searches be based on
probable cause to believe that the subject of the search has violated or is
violating the law. Rather, the
appropriateness of a search depends on the reasonableness, under all the
circumstances, of the search. Determining
the reasonableness of any search will involve a two-fold inquiry. First, a district or school administrator or
official must determine that the search is justified at its inception and
second, that the scope and conduct of the search is reasonably related to the
circumstances justifying the search at its inception. In other words, all searches hereunder must be
determined to: (1) have reasonable grounds for suspecting that the search will
disclose evidence the student, or other person, has violated or is violating
either the law or the rules of the district or school; and (2) be limited in
scope and conduct to the extent that the measures utilized to carry out the
search are reasonably related to the objectives of the search and not
excessively intrusive in light of the age and sex of the person searched and
the nature of the suspected infraction of the law or district or school rules.
The Board further prohibits any district
employee, including district administrators and officials, from conducting a
strip search. Any contraband items or evidence of a violation of law or district or
school rules may be retained by school officials and/or turned over to an
appropriate law enforcement agency, as required by law.
Contacting law enforcement
As required
by S.C.
Code Ann. § 59-24-60, school administrators will contact law enforcement
immediately upon notice that a person is engaging, or has engaged, in
activities on school property or at a school sanctioned or sponsored activity,
which may result, or result in, injury or serious threat of injury to the
person, another person or his/her property. Such reportable activities or conduct may
include, but are not limited to, the examples of code of conduct referenced in
Board policy
JICDA and JICDA-R (Student Behavior Code).
The Board recognizes that, when law enforcement authorities are
contacted pursuant to S.C. Code Ann. §
59-24-60, the law enforcement authorities must make the determination whether
they will conduct an investigation into the matter. If the law
enforcement authorities determine an investigation is appropriate, school
officials will make reasonable efforts to discuss the scope and methods of the
investigation with the law enforcement authorities as they affect school
operations in an effort to minimize any disruption to the school and its
students.
School officials may contact law enforcement authorities for assistance
in addressing concerns other than those which must be reported pursuant to § 59-24-60.
In such circumstances, the principal or his/her designee will confer with the
superintendent or his/her designee prior to involving law enforcement
authorities, other than a school resource officer. The superintendent or
his/her designee will consult with appropriate school officials and law
enforcement authorities to determine that the proposed involvement and methods
of law enforcement are reasonable and consistent with this policy and
will have a minimally disruptive effect on school operations and student rights.