5053 Student Search and Seizure
The building principal or designee is authorized to detain and search any student, any vehicle, and any property in the student’s possession while on school premises, at school activities, or in transit under authority of the school, for any item possession of which by the student is illegal or prohibited by school rules, or for property believed to have been stolen from another student, an employee, or the school. The search shall be conducted according to the following guidelines:
A. Reasonableness:
1. The decision to search must be based upon a reasonable suspicion that:
a. A violation of the law or school rules has occurred or is occurring.
b. The student to be searched has committed the violation.
c. Particular evidence of the violation will be discovered in the search.
2. In deciding whether a suspicion is reasonable, all the circumstances surrounding the case will be considered, including:
a. The student’s age, history, and record in school.
b. The prevalence and seriousness of the suspected violation.
c. The school official’s prior experience in detecting the problem or recognizing suspicious behavior.
d. The need to make a search without delay and further investigation.
e. The indication of the presence of contraband by district-contracted canine detection services.
f. The specificity and source of the information used as justification for the search.
g. The particular teacher or school official’s experience with the student.
B. Scope:
1. The scope and extent of the search shall be reasonably related to the kind of objects being searched for and not excessively intrusive in light of the student’s age, gender, or the nature of the suspected violation.
2. A search commenced to discover a particular kind of item may be expanded or continued for additional items if circumstances warrant.
C. Conducting a search of the student’s person:
1. The search shall be conducted by a person of the same gender as the person being searched.
2. Another authorized person of the same gender will be present as a witness, if practicable.
3. No student’s clothing, except cold-weather outerwear, may be removed prior to or during the search. Students may be required to empty their pockets. Strip searches are prohibited.
D. Discovered items:
1. Illegal items or possessions or substances reasonably determined to be a threat to the safety or security of others may be seized by school authorities. Principals may turn seized items over to law enforcement officials for disposition.
2. Items which are used to disrupt or interfere with the educational process may be temporarily removed from a student’s possession.
E. Refusal to submit to search:
A student who refuses to peaceably submit to a search based on reasonable suspicion, or who refuses to turn over items discovered as a result of a search, may be suspended for such refusals.
F. Reports:
The person conducting the search shall prepare a report to be maintained by the principal for one year which includes the date, time, place, names of witnesses, purpose, basis, and result of the search.
Revised 6/10/96
Revised 12/10/12