STUDENTS BP SEARCH AND SEIZURE

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1 SECTION 5000 BOARD POLICY STUDENTS BP SEARCH AND SEIZURE The Board of Trustees recognizes and finds that the occurrence of incidents which may include the possession of firearms, weapons, alcohol, controlled substances, or other items of contraband prohibited by law, District, or school rules, jeopardizes the health, safety and welfare of students and staff and may necessitate the search and seizure of students and their property. Students cannot learn, nor staff work or teach, on a campus where the presence of such harmful items impedes the educational process. Further, the California Constitution provides that all students and staffs of public schools have the inalienable right to attend campuses which are safe, secure, and peaceful. Accordingly, the Board of Trustees adopts this policy regarding the search and seizure of students, their personal belongings, lockers and student vehicles. The District administration [i.e. Superintendent or designee(s)] shall formulate and put into effect the following procedures to implement this Board policy. I. Searches of Students and Personal Belongings The principal or administrative designee may search students and their personal belongings (including, but not limited to, backpacks and purses) without their consent, if there exists reasonable suspicion that the student(s) to be searched are violating or have violated a District or school rule or regulation, or the law. There must exist articulable facts supporting such reasonable suspicion by the school official. Reasonable suspicion cannot be based on mere curiosity. Any search of a student or their personal belongings shall be conducted in the presence of another adult witness. And shall be conducted by a person of the same gender as the student. Further, the extent of the search by the school official must be reasonably related to the objectives of the search, and the search may not be excessively intrusive in light of the age and sex of the student and the nature of the infraction. Strip searches are strictly prohibited by law. School employees shall not conduct body searches of students, or remove or arrange student s clothing to look at underwear, breasts, buttocks or genitalia. Possession of prohibited items may result in the imposition of discipline, including potential expulsion, in accordance with the District s Board Policy 5144, Student Discipline The Board urges administrators to exercise discretion, good judgment and common sense in all cases of search and seizure. II. Metal Detectors The District uses metal detectors to deter the presence of weapons on District campuses. The District does so in accordance with established Administrative Procedures, Search and Seizure, Section VI, Page 2.

2 SEARCH AND SEIZURE BP (CONT.) Page 2 III. Lockers For the convenience of its students, the District may provide lockers, which are to be used for the storage of books, clothing, school materials and other personal property. Although assigned to students, student lockers remain the property of the District. Students have exclusive use of their lockers and are expected to keep them locked. Use of the lockers to store or conceal any prohibited items shall result in the imposition of discipline, including potential expulsion, in accordance with the District s discipline policies and procedures provided in Board Policy 5144, Student Discipline. The Board reserves the right to have school officials search and inspect a student s locker without obtaining consent of the student, if there exists a reasonable suspicion that the locker contains prohibited items. A locker may also be searched when odors, smoke, fire and/or other threats to student health, welfare or safety emanate from the locker, Closed containers or other objects within lockers are also subject to opening and inspection of their contents. Student lockers are also subject to periodic, random, unannounced inspections or sweeps by trained detection canines sniffing the exterior surface of lockers for prohibited items which may be stored within the lockers [see Section V, below]. If a trained detection canine alerts to the presence of prohibited items within a locker, reasonable suspicion shall exist for school officials, without a student s consent, to open and search the locker and any closed container(s) or object(s) within the locker. If the principal or administrative designee inspect and search a student s locker as authorized by this policy, the locker shall be opened in the presence of another adult witness. Except where factors of health, safety or welfare of the campus dictates otherwise, reasonable efforts shall be made to contact the student to inform the student of the grounds for the inspection and search, and to give the student the opportunity to be present. Inspections and searches should be conducted in a manner that minimizes the degree of intrusiveness. Site administrators shall limit their search to items which are prohibited on school property. Site administrators should not damage personal possessions, nor read personal notes or entries in diaries or journals. IV. Student Vehicles Vehicles owned or operated by students which are parked on school property are subject to search by the principal or administrative designee without consent of a student, when there exists a reasonable suspicion that evidence of a violation of District or school rules, or violation of law, would be found in the vehicle. Use of vehicles to store or conceal any prohibited items shall result in the imposition of discipline, including potential expulsion. Student vehicles are also subject to periodic, random unannounced inspections or sweeps by trained detection canines sniffing the exterior of the vehicles for prohibited items which may be stored within the vehicles. If a trained detection canine alerts to the presence of prohibited items within a vehicle, reasonable suspicion shall exist for the District, without a warrant, to open and search the vehicle and any closed container(s)or object(s) within the vehicle.

3 SEARCH AND SEIZURE BP (CONT.) Page 3 If the principal or administrative designee inspect and search a student s vehicle as authorized by this policy, the vehicle shall be opened in the presence of an adult witness. Except where factors of health, safety or welfare of the campus dictates otherwise, reasonable efforts shall be made to inform the student of the grounds for the inspection and search, and to give the student the opportunity to be present. The inspections should be conducted in a manner that minimizes the degree of intrusiveness. Site administrators shall limit their search to items which are prohibited on school property. Site administrators should not damage personal possessions, nor read personal notes or entries in diaries or journals. V. Trained Detection Canines: Sweep Inspections As set forth above, lockers and student vehicles shall be subject to suspicion-less, periodic, random, unannounced sweep inspections by detection canines which are trained to perform such sweeps for various prohibited items on campus. Based on information concerning the high degree of training and reliability of detection canines, and their certification by the national Narcotic Detector Dog Association, the Board of Trustees finds that trained detection canines are reliable concerning the detection of such prohibited items. If a trained detection canine alerts to the presence of a prohibited item in a locker or student vehicle, the alert constitutes reasonable cause, authorizing school officials to search the locker or student vehicle and closed containers and objects within, without securing the consent of the pupil. Trained detection canines shall not be used to sniff the person of students, nor objects within their immediate control, such as backpacks, purses and outer garments. Detection canines shall not be used within the near vicinity of students. However, if independent of a detection canine sniffing, school officials develop a reasonable suspicion that the student(s) is violating or has violated a District or school rule, or the law, then students and their belongings may be searched as provided in Section I. VI. Emergency Circumstances/Lawful Arrest This policy shall not be construed to prohibit or restrict searches made under emergency circumstances or those searches incident to lawful arrest. VII. Seizure and Removal of Prohibited Items Items removed or confiscated by a principal or administrative designee during the search of a student, their personal property, locker or vehicle, shall be identified and placed in a secure location accessible only to school officials or, when appropriate, turned over to law enforcement authorities. The student shall be given an opportunity to explain the presence or possession of the removed or confiscated items. Appropriate disciplinary action may be taken, in accordance with the District s discipline policies and procedures, and when appropriate, law enforcement authorities shall be notified. ADOPTED: 10/27/99, (REVISED: 8/14/02)

4 SECTION 5000 ADMINISTRATIVE PROCEDURES STUDENTS AP SEARCH AND SEIZURE The District administration (Superintendent or designee) shall formulate administrative procedures regarding the use of trained detection canines for sweep inspections of lockers and student vehicles, as authorized in this policy. I. Notice Written notice of this policy and its implementation procedures shall thereafter be provided to students and their parents and or guardians at the beginning of each school year, as part of the annual notification correspondence disseminated by the District in accordance with Education Code A summary of this policy and its implementation procedures shall also be placed in the Student Parent Information Handbook and other materials, as appropriate, disseminated by the District administration to students and their parents or guardians. The District administration may also place signs and other posted warnings on campuses, and disseminate other notices, as deemed appropriate. II. Use of Trained Detection Canines Unannounced inspections or sweeps of student lockers and student vehicles, in the discretion of the District administration [i.e. the Superintendent or designee(s), may occur on each District campus at any time. III. Lockers A. The trained detection-canine shall randomly sweep student lockers in the school, and shall not solely target or focus on any one locker or group of lockers. B. If a trained detection-canine alerts to the presence of prohibited items in a locker, the administrator shall proceed as set forth in Section III and V of Board Policy C. If prohibited items are discovered, site administrators may impose discipline upon the student(s) in accordance with the District s discipline policies and procedures and, when appropriate or necessary, shall notify law enforcement authorities of such search and/or seizure.

5 SEARCH AND SEIZURE AP (CONT.) Page 2 IV. Vehicles A. The trained detection-canines shall randomly sweep student vehicles located in the student parking lot(s) of each campus, and shall not solely target or focus on any one vehicle or group of vehicles. Vehicles of district employees shall not be subject to such sweeps. B. If a trained detection-canine alerts to the presence of prohibited items in a vehicle, the administrator shall proceed as set forth in Section III and V of Board Policy C. If prohibited items or contraband are discovered, site administrators may impose discipline upon the student(s) in accordance with the District s discipline policies and procedures and, when appropriate or necessary, shall notify law enforcement authorities of such search and/or seizure. V. Random Metal Detector Screenings Each campus will conduct its own random metal detector screenings of students and their personal belongings (e.g. bookbags, purses), consistent with these procedures. Each site principal or administrative-designee(s) will be responsible for implementation of screenings A. Screenings shall occur once each day classes are in session. A minimum of ten students per class will be subject to screenings. B. The principal or administrative designee shall maintain two boxes for random selections. The first box shall contain cards for each numbered period of the school day, i.e. cards for each of Class Periods 1-6. The second box shall contain cards with the names of each teacher conducting classes at the school. All cards shall be periodically replaced one per semester, or sooner if any cards become worn or otherwise identifiable during random drawings. C. At or before the start of first period classes each day, the principal or administrative designee shall first randomly draw one card from the Class Period box, e.g. first period. One card shall then be randomly drawn from the Teacher s Names box, e.g. Ms. Jones. [For example, if Ms. Jones conducts a first period class, the students in that class shall be subject to screenings.] If the named teacher is not conducting a class during the class period drawn (e.g. that teacher has a prep period), then that teacher s card shall be set aside and subsequent teachers name card(s) drawn until a teacher with a first period class is drawn. [For example, if Ms. Jones does not teach a first period class, her card shall be set aside. If Mr. Smith s card is next chosen, and Mr. Smith teaches a first period class, the students in Mr. Smith s first period class shall be subject to screenings.] D. This random selection process shall be repeated each day classes are in session. Because the selection method is random, it is possible that the same classes taught by the same teacher (e.g. Ms. Jones first period government class) will be subject to screenings on consecutive days or within only a few days after the last screening. Nonetheless, the screenings shall be conducted in accordance with this selection process.

6 SEARCH AND SEIZURE AP (CONT.) Page 3 E. When selecting cards from the boxes, the principal or administrative designee shall have a non-management employee witness present, (e.g. his or her secretary), to ensure that the cards in the boxes are concealed from view and are chosen at random. The principal or his or her designee shall keep a notebook log (using an NCR form prepared by the district) memorializing each day s selection process, which shall contain a list of all period numbers and teacher name cards drawn, in their order of selection (including those teacher name cards drawn and set aside because they did not teach a class during the numbered period chosen); the name of the principal or designee; the name of the witness; and the time of the selection process. The principal or administrative designee, and the witness, shall initial that day s entry to verify the accuracy of the information. F. The results of each day s selection process shall be kept confidential and shall not be revealed in advance to students, or to staff (except those staff as necessary to prepare for the screenings). The screenings may occur at any time during the class period. G. When staff enter a classroom for screenings, they shall bring with them a box containing twenty-six cards, each card denoting one letter of the alphabet (A-Z). The letters shall represent the first letter of a student s surname. [For example, if the letter A is randomly drawn, all students with surnames beginning with A will be screened.] Staff shall have the classroom teacher randomly draw cards until a minimum of ten students have been randomly scheduled for screenings. [For example, the first card chosen is A and there are five students present with surnames beginning with A; the second card chosen is B and there are three students present with surnames beginning with B; and the third card chosen is C and there are two students present with surnames beginning with C; the names have now been randomly selected for screenings and the selection process is completed. If more than ten students are randomly selected, e.g. in the above example, the third card chosen is C and there are four students present with surnames beginning with C, all twelve students shall be screened.] Staff shall note on the NCR form previously completed by the principal or designee (Section 6) those letters chosen in that class and shall initial the entry to verify the accuracy of the information. Staff shall return the NCR form to the principal s office; the original of the form shall be retained in a notebook log at the site and a copy sent to the District office. VI. Metal Detector Screening Procedures A. Site administrators and other staff members shall escort those students randomly selected to an area that does not expose students who are being screened to the view of the general student population nor specifically to the view of those students who are not at the time being subjected to the screening. Site administrator and other staff conducting the screenings shall be respectful of and sensitive to students privacy rights and concerns regarding the screenings. All students selected shall be directed to bring with them all of their personal belongings in their possession at the time they were selected (e.g. coats, sweaters, bookbags, purses).

7 SEARCH AND SEIZURE AP (CONT.) Page 4 B. Metal detector screenings of students and their belongings shall be conducted in an orderly and safe manner, consistent with methods learned during personnel training in the use of the detectors, and consistent with minimizing intrusion into students privacy rights. Students and their personal belongings shall be screened by school administrators and other staff members using a hand-held metal detector (wand). Identical scanning techniques shall be used for each student. If during the screening of a student the detector is activated, the student shall be asked whether he or she has anything made of metal in the area scanned. If the article is removable (e.g. a set of keys), the student shall be asked to remove the article and the screening repeated. If the detector is again activated and the article cannot be removed (e.g., a belt buckle), the staff member shall visually confirm the student s explanation. If the activation cannot be explained or eliminated, then the student and his or her belongings shall be directed to a private area. An expanded search, i.e. a pat down of the student or inspection of a bookbag or purse, shall be conducted by an employee of the same sex as the student. Searches shall be limited to the detection of weapons. C. All staff members are reminded that the purpose of metal detector screenings is to deter the possession of weapons such as guns, knives or other dangerous objects capable of inflicting bodily harm or injury. [If, for example, during the metal detector screening of a student s bookbag the detector is activated, the search of the bookbag shall be confined to explaining the reason for activation of the detector and limited to those areas inside the bookbag which could reasonably contain a weapon; envelopes or small containers within the bookbag which could not reasonably contain a weapon shall not be searched.] Screenings are not to be used for the purpose of searching students suspected of violation of other school policies and regulations. If during a screening contraband is discovered, the possession of which is a violation of school policies and regulations, the items shall be confiscated. D. Staff is reminded that Education Code section specifically prohibits: (a) conducting a body cavity search of a student manually or with any instrument; and (b) removing or arranging any or all of the clothing of a student to permit a visual inspection of the student s underclothing, breast, buttocks, or genitalia. E. Possession of a firearm, knife or other dangerous object shall subject students to arrest and disciplinary proceedings pursuant to Education Code section et seq. and Board Policy 5144, Student Discipline. F. These procedures for metal detector screenings for weapons shall be incorporated into each site s school safety plan developed in conjunction with local law enforcement agencies, community leaders and other interested parties in accordance with Education Code section et seq.

8 SEARCH AND SEIZURE AP (CONT.) Page 5 Legal Reference: EDUCATION CODE Authority of governing boards Board authority of school districts School safety plans Searches by school employees Injurious objects PENAL CODE Firearms Dirks, daggers, knives or razor; bringing into or possession of upon or within public school ground; exception ATTORNEY GENERAL OPINIONS 75 Ops.Cal.Atty.Gen. 155 (1992) COURT DECISIONS New Jersey v. T.L.O., (1985) 469 U.S. 325 Zamora v. Pomeroy, (10 th Cir. 1981) 639 F.2d 662 Horton v. Goose Creek Independent School District, (5 th Cir. 1982) 690 F.2d 470 O Connor v. Ortega, (1987) 107 S.Ct B.C.V. Plumas Unified School District 99 CDOS 7772 (September 20, 1999) ADOPTED: 10/27/99, (REVISED: 6/6/03)

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