5.6 Student Search Policy

5.6 – Student Search Policy

Iowa Educational Services for the Blind and Visually Impaired recognizes the right to privacy of students registered for an extended learning program. It also recognizes that under extenuating circumstances, a search of a student's room and other private areas may be necessary to ascertain whether a criminal offense, rule or expectation has been violated. Because of this dual role of protector and investigatory agent, the following procedures have been adopted regarding student searches.

This policy complies with the requirements Iowa IASB Policy Reference Manual 502.8R1

1. Searches, in general:
2. 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.

Reasonable suspicion may be formed by considering factors such as the following:

a)eyewitness observations by employees;

b)information received from reliable sources;

c) suspicious behavior by the student; or,

d)the student's past history although this factor alone is not sufficient to provide the basis for reasonable suspicion.

1. 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:

a)the age of the student;

b)the sex of the student;

c)the nature of the infraction; and

d)the emergency requiring the search without delay.

1. Types of Searches:
2. Personal Searches

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

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

1. 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 sex as the student and with another adult witness of the same sex present, when feasible.
2. 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 only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

c)The contents of a student's room (coat, backpack, purse, etc.) may be searched when an official has reasonable and articulable suspicion that the contents contain illegal or contraband items or evidence of a violation of law. Such searches should be conducted in the presence of another adult witness when feasible. IASB Series 500 Student Code no. 502.8

1. Exclusion of Evidence

Material or evidence obtained directly or indirectly as a result of a search conducted in violation of this chapter is inadmissible in a criminal proceeding against a student.

1. Notification of Parents

The agency will attempt to notify parents/guardians prior to any search. However, a search without parent/guardian notification will be conducted according to the above procedures if the situation warrants such action.

Legal Reference: Iowa Code 279.8 and 279.9 and 808A.1, 808A.2, 808A.3, 808A.4

Approved by Board of Regents 06/27/1990

Revised 08/2013