Administrative Rule
SEARCHES, STUDENT INTERROGATIONS AND ARRESTS
Code JIH-R Issued DRAFT
In order to recognize and protect
student rights and expectations to privacy, safety and an educational
environment conducive to learning, as well as to enhance security in schools
and prevent students from violating board policies, school rules and federal
and state laws, district officials, including principals and their designees,
are authorized to conduct reasonable searches according to the procedures outlined
herein and in board policy JIH.
If a
search yields evidence that a board policy, school rule, or federal or state
law has been violated, appropriate disciplinary action will be taken and in
cases where the evidence suggests conduct which must be reported to law
enforcement under S.C. Code Ann. § 59-24-60, the appropriate law
enforcement authorities will be immediately notified.
Searches of a person or a person's
belongings or effects
Procedures for searching a person or a
person's belongings must be reasonable. A reasonable search is one which is
both based on a reasonable suspicion and is reasonably related in scope. For
reasonable suspicion to exist, school officials conducting a search must be
able to articulate why, based on all the circumstances, they objectively and
reasonably suspect the search of the person or personal property is likely to
yield evidence of a violation of law, district or school rules. In formulating
a reasonable suspicion, a school official may rely on information he/she
considers reliable, including reports from students, as well as the official's
own observations, knowledge and experience; however, a mere hunch or guess that
a search will uncover evidence of a violation of law, district or school rules
is insufficient to justify a search.
Additionally, the search must be
reasonable in its method and scope. A
search must be carried out in such a manner that it targets the object of the
search or the suspected evidence of a violation of law, district or school
rules. The proper scope of the search is
a case by case determination and is generally limited to the places in which it
is reasonably suspected that the object of the search may be found. A search
may be as extensive as is reasonably required to locate the object(s) of the
search and may extend to all areas, containers and personal effects in which
the object of the search may be found. In addition, when determining the
reasonableness of the scope and manner of a search, the school officials must
take into account the age, sex and other special circumstances concerning the
object of the search and the person involved, as well as the nature of the
suspected infraction. Should the school
official determine that a pat-down search is necessary, the school official,
who must be the same sex as the person searched, will escort the person to a
private area to conduct the pat-down search. A witness must be present during all such
searches. If a student refuses to
comply, the student's parent/legal guardian and/or the police will be
contacted. Under no circumstances,
however, is a strip search by a school official permitted.
Searches of lockers, desks and other
school property
The district provides lockers, desks and
other school property to students for their use. Because the district retains ownership of
this property, school officials may conduct searches of such property,
including random and unannounced searches, with or without reasonable
suspicion, when such search is determined by school officials to be otherwise
reasonable in light of the needs of the school. However, objects belonging to
students contained in such school property will not be opened or searched
except as provided in the section above.
Students will be notified expressly in writing in the student handbook
that such school property may be searched at any time. In conducting searches of school property,
student property will be respected and not damaged.
Searches of vehicles on school property
Students are permitted to park on school
premises as a matter of privilege, not of right. Accordingly, all students desiring to park
their vehicles on school premises must first obtain a parking permit from the
designated school administrator. In
order to obtain a parking permit, the student must sign a form acknowledging
that he/she understands and agrees to the terms regarding the use of parking
lots set forth below. Vehicles which do
not have a permit in plain view are subject to being towed at the student's
expense.
Because parking on school premises is a
privilege, the school retains authority to conduct routine inspections of the
exterior of vehicles parked on school property at any time. In conducting an inspection of the exterior
of a vehicle, school officials may observe those things inside vehicles which
are in plain view.
The interiors of student vehicles,
including such things as trunks, glove compartments and personal belongings
within a vehicle may be searched whenever a school official has reason to
believe a student is violating board policies, school rules or federal or state
law, as described in the "reasonableness standard" set forth in the
section above. When a school official
needs to gain access to the interior of a vehicle parked on school premises,
for purposes of conducting a search in compliance with the "reasonableness
standard," he/she will first ask the student to provide access. If a student refuses to provide the school
official with access to the interior of his/her vehicle, he/she may be subject
to disciplinary action, including loss of all parking privileges and the
possible towing of the vehicle at the student's expense.