Student Searches

P 4320

STUDENT SEARCHES

4320.1  Students can be detained and searched by the Superintendent, principals, teachers, and school security personnel.

4320.2  A student can be searched while the student is on school premises, is in transit while under the authority of the school, or is attending any function sponsored or authorized by the school.

4320.3  Students can be searched for controlled dangerous substances (illegal drugs), intoxicating beverages, non-intoxicating beverages (beer), or missing or stolen property if the property is reasonably suspected to have been taken from another student, a school employee, or the school during school activities.

4320.4  THE POLICY REQUIRES THERE BE A WITNESS TO THE SEARCH AND THE SEARCH BE CONDUCTED BY AN ADMINISTRATOR OR AN EMPLOYEE WHO IS OF THE SAME SEX AS THE PUPIL BEING SEARCHED.

4320.5  The policy permits a search when there is “reasonable suspicion” by an administrator that the pupil has the item for which a search is to be made. Further, the scope of the search contains the language of T.L.O.:

That the search be reasonable related to the objectives of the search and the search be “not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

4320.6  School officials are not to make strip searches of students:

“In no event shall a strip search of a student be allowed. NO student’s clothing, except cold weather outer- wear, shall be removed prior to or during the conduct of any warrantless search.”

Thus, if a school official believes the student has the item and the item cannot be found (assuming the student will not voluntarily produce the item) without removing shirts or blouses, then school officials can move to detain the student and contact the police and ask them to determine if they can obtain a warrant for the search.

4320.7  School property, including desks and lockers can be searched at any time by school officials, even when there is no reasonable suspicion for a search. The law provides that students have no reasonable expectation towards school officials as regards desks, lockers, and school property, and that such fact shall be made a part of the district’s discipline code.

Any school official conducting a search shall use and complete a “Student Search Report Form”.

LITTLE AXE PUBLIC SCHOOL

STUDENT SEARCH REPORT FORM

DATE OF SEARCH:______

APPROXIMATE TIME:______

STUDENT SEARCHED:______

GROUNDS FOR REASONABLE SUSPICION THAT THE STUDENT SHOULD BE SEARCHED:

______

______

______

______

PERSON CONDUCTING THE SEARCH:______

PERSON WITNESSING THE SEARCH: ______

WHAT WAS SEARCHED, SUCH AS POCKETS, PURSE, WALLET, COAT, ETC.

______

______

______

WHAT DID THE SEARCH FIND: ______

______

______

______

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