3231P - Searches of Students and Personal Property Procedure

Policy 3231P

STUDENTS

Searches of Students and Personal PropertyA student is subject to search 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.
Establishing reasonable grounds.  The following review of the basis for the search should occur before conducting a search:

A. 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.

B. If suspicion could be confirmed, determine if such conduct is a violation of the law or school rules.

C. Determine if the student is 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 grounds exist to search a student’s clothing, personal effects, desk, locker, assigned storage area, or automobile, the search shall be conducted as follows:

A. 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.

B. 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 asking the student to remove all items from pockets, purses, handbags, backpacks or gym bags.

C. If the student refuses to cooperate in a person search, the student should be held until the student’s parent(s) or guardian(s) is available to consent to the search.  If a parent(s) or guardian(s) cannot be reached in a reasonable time, the principal may conduct the search without the student’s consent.

D. When reasonable grounds have been established, the principal has the authority to use a metal detector.  The student should first be advised of the purpose of the search and asked to remove all metal items from his or her person, clothing, or property.

Adoption Date: August 23, 1994