Menu

Board Policy

Student Search and Seizure

The superintendent, deputy superintendent, or designees are authorized to detain and search any student and any property in the student's possession while on technology center premises, at technology center activities, or in transit under authority of the technology center, for any item possession of which by the student is illegal or prohibited by technology center policy, or for property believed to have been stolen from another student, an employee, or the technology center. The search shall be conducted according to the following guidelines:

Reasonableness

1. The decision to search must be based upon a reasonable suspicion that:

A. A violation of the law or school policy or rules has occurred or is occurring;

B. The student to be searched has committed the violation; and

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 should 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 officials' prior experience in detecting the problem or recognizing suspicious behavior;

D. The need to make a search without delay and further investigation;

E. The specificity and source of the information used as justification for the search; and

F. The particular instructor or official's experience with the student.

Scope 1. The scope or 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 and sex and the nature of the suspected violation. When practical, the search shall be conducted by an individual the same gender as the student.

 2. A search commenced to discover a particular kind of item may be expanded or continued for additional items if circumstances warrant.

Discovered Items

1. Illegal items or other possessions or substances reasonably determined to be a threat to the safety or security of others may be seized by technology center authorities. These items will immediately be turned over to law enforcement officials for disposition as they see fit.

2. Items which are used to disrupt or interfere with the educational process may be temporarily removed from student possession.

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. Reports The person conducting the search shall prepare a report to be maintained in the office of superintendent and administrator’s office, including the date, time, place, names of witnesses, purpose, basis, and result of the search.

PDF Version

Adopted: December 18, 2014

 

Printable PDF

First page of the PDF file: StudentSearchandSeizurePolicy534
Spark Logo

What is Spark? Classes to move you closer to your goals when you feel the spark of motivation, ambition or inspiration.

Explore All Classes