502.5R1 Title: Search and Seizure Regulations

I.      General Searches

 

A.     Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or District policy, rules or regulations affecting school order. Reasonable suspicion may be formed by considering factors such as the following:

1.     Eyewitness observations by employees;
2.     Information received from reliable sources;
3.     Suspicious behavior by the student; or
4.     The student's past history and school record although this factor alone is not sufficient to provide the basis for   reasonable suspicion.

 

B.     Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search.  Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
 

1.     The age of the student;
2.     The gender of the student;
3.     The nature of the infraction; and
4.     The existence of an emergency requiring the search         without delay.

 

II.     Types of Searches

 

A.     Personal Searches
 

1.     A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a District official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated District policies, rules, regulations or the law affecting school order.

 

2.     Personally intrusive searches will require more compelling circumstances to be considered reasonable.
 

a.     Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same gender as the student and with another adult witness of the same gender present, when feasible.

 

b.     A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees or visitors are threatened. Such a search may be conducted only in private by a school official of the same gender as the student, with an adult of the same gender present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

 

B.     Locker and Desk Inspections
 

1.     Although school lockers and desks are temporarily assigned to individual students, they remain the property of the district at all times. The district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by District officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by District officials and may be turned over to law enforcement officials.

 

2.     The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a District official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or District policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.

 

C.     Automobile Searches
 

Students are permitted to park on District premises as a matter of privilege, not of right. The district retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the district’s premises may be searched if the district official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.

 

Approved 1994-95
Reviewed: FY 2015-2016, March 14, 2016,  May 24,2021

Revised: 02/24/17