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502.05 Search and Seizure

The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees or visitors on the district’s premises or property within the jurisdiction of the district.  The board shall adopt a student search rule that is consistent with this policy and publish the student search rule in the school’s student handbook.

 

District property is held in public trust by the board.  District officials may conduct routine patrols of the student parking lots which may include the use of a drug sniffing animal.  District officials (meaning licensed school employees and unlicensed school employees employed for security or supervision purposes) may, without a search warrant, search students, student lockers, student personal effects, student desks, student work areas or student automobiles, based on reasonable suspicion that a District policy, rule, regulation or law has been violated.  District officials may use drug sniffing animals to conduct searches of student lockers, student personal effects, student desks, student work areas or student automobiles.

 

Student searches shall be conducted in a manner reasonable in scope.  The reasonableness of the scope of a search may be determined based upon the following: (a) the age of the student; (b) the gender of the student; (c) the safety of the students and/or others; (d) the nature of the violation; and (e) the objectives to be accomplished by the search.  Student searches shall be conducted in a manner that maintains order and discipline in the schools, promotes the educational environment, and protects the safety and welfare of students, employees, and visitors to the district’s facilities.

 

Notwithstanding the requirements stated above, District officials may conduct periodic inspections of all, or a randomly selected number of student lockers.  Prior to conducting these types of locker inspections, at the beginning of each school year, the district shall provide written notice to each student and the student’s parents, guardians or legal custodians that District officials may conduct periodic inspections of all school lockers without prior notice.  Any locker inspection conducted pursuant to this policy shall be done only in the presence of the student(s) whose lockers are being inspected or in the presence of at least one other person.  An inspection of the lockers may be accomplished using such methods including, but not limited to, a visual search of lockers by District officials or the use, by District officials or others hired at their direction, of a drug sniffing animal.

 

In conducting their searches and inspections, District officials may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband including, but are not limited to, non-prescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons, and stolen property.  Such items are not to be possessed by a student while they are on District property or on property within the jurisdiction of the district; while on school owned and/or operated school or chartered buses or vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the district.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to law enforcement officials.

 

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

Revised: 02/24/17