5771 - SEARCH AND SEIZURE
The Governing Board recognizes that the privacy of students or their belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner.
The Governing Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Such spaces remain the property of the Governing Board and, in accordance with law, may be the subject of random search. Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of privacy as to prevent examination by a school official.
School authorities are charged with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search the person or property, including vehicles or the locker, of a student, with or without the student’s consent, whenever they reasonably suspect that the search shall turn up evidence of a violation of law or of school rules. The extent of the search shall be governed by the seriousness of the alleged infraction and the student’s age.
This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Governing Board or ESC personnel.
Administrators are permitted to conduct a random search of any student’s locker and its contents at any time, providing proper notice has been posted in the locker areas of each building.
Administrators may confiscate personal devices such as but not limited to cell phones and iPods, and the school may retain such devices for a brief period of time.
Students shall not have an expectation of privacy for content within personal devices if there is reasonable suspicion of imminent risk or harm or violation of the law or school rules.
Administrators are authorized to arrange for the use of a breath-test instrument for the purpose of determining if a student has consumed an alcoholic beverage. It is not necessary for the test to determine blood-alcohol level since the Governing Board has established a zero tolerance for alcohol use.
The Governing Board also authorizes the use of canines, trained in detecting the presence of drugs or devices, when the Superintendent or Superintendent’s designee has reasonable suspicion that illegal drugs or devices may be present in a school or as a routine preventative measure. This means of detection shall be used only to determine the presence of drugs in locker areas and other places on school property where such substances may be concealed. Canine detection shall be conducted in collaboration with law enforcement authorities or with organizations certified in canine detection.
Except as provided below, a request for the search of a student or a student’s possessions shall be directed to the principal/program manager who shall seek the freely offered consent of the student to the inspection. Whenever possible, a search shall be conducted by the principal/program manager in the presence of the student and a staff member other than the principal/program manager. A search prompted by the reasonable belief that health and safety are threatened shall be conducted with as much speed and dispatch as may be required to protect persons and property.
Where the inappropriate substances or objects are found, the principal/program manager shall be responsible for the recording in writing of the student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found; and the disposition made of them. The principal/program manager shall be responsible for turning over any illegal or dangerous substance or object taken from a student to the police.
© Neola 1997