3230P - Student Privacy and Searches Procedures
Searches of Students and Their Property
A student is subject to search by District staff if reasonable and individualized grounds exist to suspect that evidence of a violation of the law or school rules will be uncovered. School staff shall report a student's suspicious activity to the principal prior to initiating a search, except in emergency situations. A search is required when there are reasonable grounds to suspect a student has a firearm on school grounds, transportation or at school events.
Establishing reasonable and individualized grounds.
The following review of the basis for the search should occur before conducting a search:
- Identify 1) the student's suspicious conduct, behavior, or activity; 2) the source of the information; and 3) the reliability of the source of such information.
- If suspicion could be confirmed, would such conduct be a violation of the law or school rules?
- Is the student likely to possess or have concealed any item, material, or substance which is itself prohibited or which would be evidence of a violation of the law or a school rule?
Conducting the search.
If the principal, or his or her designee, determines that reasonable and individualized grounds exist to search a student’s clothing, personal effects, desk, locker, assigned storage area, or automobile, the search shall be conducted as follows:
- If evidence of criminal activity is suspected to be present, and prosecution by civil authorities will be recommended if confirmed by the search, consult law enforcement officials regarding the appropriateness of a search by a law enforcement officer.
- If evidence of violation of a school rule is suspected, and if confirmed by the search will be handled solely as a student discipline action, proceed to search by directing the student to remove all items from pockets, purses, handbags, backpacks, gym bags, etc. As a matter of discretion, the principal or designee may request the student’s voluntary consent for the search, depending on the nature of the suspected legal or rule violation, the exigency of the search, and other relevant factors. If the student refuses to cooperate in a personal search, the student may be held until the student’s parent or guardian is available to consent to the search. However, if a parent or guardian cannot be reached in a reasonable time or the principal or designee determines an immediate search is necessary, the principal may conduct the search without either the student or parent/guardian’s consent.
Lockers, desks, and storage areas are the property of the school District. When assigned a locker, desk, or storage area, a student shall be responsible for its proper care. A student may be subject to a fine for any willful damage to school property. Students are encouraged to keep their assigned lockers closed and locked.
A student's locker desk or storage area may be searched by District staff if reasonable grounds exist to suspect that evidence of a violation of the law or school rules will be uncovered. School staff shall report a student's suspicious activity to the principal prior to initiating a search, except in emergency situations when the risk of harm to students or staff demands immediate action.
Building principals should refer to these procedures for conducting searches of students and their property for guidance in establishing whether a search is reasonable under the circumstances.
Principals may search all lockers, desks, or storage areas without prior notice given to students and without reasonable suspicion that the search will yield evidence of any particular student's violation of the law or school rules.
Administrative inspections, or health and welfare inspections, may be conducted at any time for the purpose of locating misplaced library books, textbooks, or other school property or to ensure that all lockers, desks, or storage areas are being kept clean and free from potential health or safety hazards. Periodic inspections of lockers will reinforce the District's ownership of lockers and the minimal expectation of privacy students have in the contents of their lockers.
During a search of all student lockers, if the school official conducting the search discovers any container within the locker for which there is a reasonable and individualized suspicion that it may conceal contraband, the container may be searched according to District procedures above for conducting searches of students and their property. A “container” for the purpose of this Regulation may include, but is not limited to: an article of clothing, a handbag, purse, backpack, gym bag, or any other item in which contraband material may be concealed.
A copy of the Regulation and procedures are available upon request or on-line.