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501.7R SEARCH AND SEIZURE REGULATIONS

  1. General Searches
    1. 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 or district policy, rules or regulations affecting school order. Reasonable suspicion may be formed by considering factors such as the following:​
      1. Eyewitness observations by employees;​
      2. Information received from reliable sources;​
      3. Suspicious behavior by the student; or​
      4. The student's past history and school record, although this factor alone is not sufficient to provide the basis for reasonable suspicion.​
    2. 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:​
      1. The age of the student;​
      2. The gender of the student;​
      3. The nature of the infraction; and​
      4. The existence of an emergency requiring the search without delay.​
  2. Types of Searches​
    1. Personal Searches​
      1. 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 district policies, rules, regulations or the law affecting school order;​
      2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.​
        1. 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 gender as the student and with another adult witness of the same gender 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 gender as the student, with an adult of the same gender present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.​
    2. Locker and Desk Inspections​
      1. Although school lockers and desks are temporarily assigned to individual students, they remain the property of the district at all times. The district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. Allowing a student to use a separate lock on a locker or desk owned by the school and provided to the student shall also not give rise to an expectation of privacy on a student's part with respect to that locker, desk, facility or space. ​
      2. For the reasons articulated above, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual.  An inspection of a school locker or desk owned by the school and provided as courtesy to a student may be accomplished by using such methods including, but not limited to, a visual search of lockers, desks or other facilities or spaces by school officials or the use by school officials or others retained at their discretion, of a drug sniffing animal.​
      3. The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule.  Such searches should be conducted in the presence of another adult witness when feasible.​
      4. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.​
      5. At the beginning of each school year, the district shall provide written notice to all students and the student's parents, guardians, or legal custodians, that school officials may conduct periodic inspections without prior notice of school lockers, desks, and other facilities or spaces owned by the school and provided as a courtesy to a student.
    3. Automobile Searches​
      1. Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. As part of its routine patrols of the student parking lots, school officials may use such methods including, but not limited to, visual inspections of student parking lots, student automobiles, and/or the interior of a student's automobile or the use, by the school officials or others retained at their direction, of a drug sniffing animal to inspect student parking lots and student automobiles.​
      2. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.             
 
 
*Reviewed:  04/08/02
*Reviewed:  01/15/07
*Revised:  12/13/10
*Reviewed:  05/14/12
*Reviewed: 07/10/17
*Revised: 7/11/22