Search and Seizure

Code Number: 521.20

The Board of the District holds District property in public trust. School children have legitimate expectations of privacy that must be balanced against the substantial need of teachers and administrators to maintain order in the schools.

Building Administrators or their designees may, without a search warrant, conduct reasonable searches of students, student lockers, personal effects, desks, vehicles, or work areas, based on a reasonable
suspicion that the search will turn up evidence that the student has violated or is violating either the law or the rules, policies, or regulations of the school. Individualized suspicion is not required. All searches shall be reasonable in scope and will not be excessively intrusive in light of the student’s age and gender and the nature of the suspected infraction. All searches shall be conducted in a manner that maintains order and discipline in the schools, promotes the educational environment, and protects the safety and welfare of students, employees, and visitors to the District facilities.

Notwithstanding the requirements stated above, Building Administrators or their designees may conduct
periodic inspections of all, or a randomly selected number of student lockers, desks, and other facilities or spaces provided to the student by the District. Such areas are the property of the District and as such the student has a minimal expectation of privacy in any such area or its contents. The District shall provide written notice to each student and the student’s parent(s), guardian(s), or custodian(s) at the beginning of each school year, that Building Administrators or their designees may conduct periodic inspections of all school lockers, desks, and other facilities or spaces provided to the student by the District, without prior notice. Any inspection conducted pursuant to this policy shall be done either in the presence of the students involved or in the presence of at least one other person.

Use of Drug-Sniffing Animals

Lockers

Building Administrators or their designees may use or hire a company that uses drug-sniffing animals to sniff school lockers, desks, or any other facilities or spaces provided to students by the District when school officials have a reasonable suspicion that a student or students are engaged in or have engaged in a violation of the law or the rules, policies, or regulations of the school.

Searches Conducted by Law Enforcement Officers

A law enforcement officer must have probable cause to believe that the student is engaging in or has engaged in a criminal act in order to conduct a search of a student or search areas in which a student has an expectation of privacy, including, but not limited to, a student locker.

Seizure of Property

In conducting searches, Building Administrators or their designees and/or law enforcement officials may seize any illegal items or contraband materials discovered in the search. “Contraband materials” include, but are not limited to, non-prescription controlled substances, prescription controlled substances without a valid prescription, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons, anything used as a weapon, and stolen property.

Illegal items and contraband are not to be possessed by a student while they are on District property; while on school-owned and/or operated school or chartered buses or vehicles; while attending or engaging in school activities or school-sponsored extracurricular activities; and while misconduct will directly affect the good order, efficient management, and welfare of the District. Possession of such items will be grounds for disciplinary action, including but not limited to, suspension or expulsion from school and/or extracurricular activities. Local law enforcement officials may be notified.

The District has determined that possession of illegal items or contraband materials causes a material and substantial disruption to the school environment and may present a threat to the health and safety of students, employees, or visitors on District premises or property within the jurisdiction of the District.


First Adoption:
1995-12-12
Revision Adoption:
November 26, 2002/ October 12, 2009/ September 9, 2013/ March 12, 2018
Reviewed Dates:
February 20, 2018
Legal Reference:
New Jersey v. T.L.O., 469 U.S. 325 (1985); Cason v. Cook, 810 F. 2d 188 (8th Cir 1987); Section 808A.3 of the Code of Iowa; U.S. CONST. amend IV; 42 U.S.C. Section 1983; 281 I.A.C. 12.3(6).

Documents

Back to all policies