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Procedure No. |
3230P |
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Adoption Date: |
July 11, 1984 |
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Revised: |
September 22, 1999 |
STUDENTS STUDENT PRIVACY AND SEARCHES
1. Searches of Students and Their Property
A 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. 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 grounds. The following review of the basis for the search should occur before conducting a search:
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:
2. Locker Searches
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 which may conceal contraband, the container may be searched according to district procedures governing searches of students and their property. A "container" for the purpose of this policy 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.
The school reserves the right to inspect individual lockers without advance notice. When possible, before opening a student's locker the principal shall seek the consent of the student to conduct a locker inspection. A third party shall always be present to witness such inspection. If the student is not available or does not consent to the inspection and when the search is prompted by a reasonable suspicion that the contents of a locker create an emergency, the principal may open the locker as soon as it is necessary to do so to properly conduct a search in order to protect the students, staff and property of the school. The principal shall be responsible for completing a written report which describes the purpose of the locker inspection, witnesses present, objects found during the locker inspection and their disposition.