5145.12 5145.12Students
Search and Seizure
Desks and school lockers are the property of the schools. The right to inspect desks and lockers assigned to students may be exercised by school officials to safeguard students, their property and school property with reasonable care for the Fourth Amendment rights of students.
The exercise of the right to inspect also requires protection of each student's personal privacy and protection from coercion. An authorized school administrator may search a student's locker or desk under three (3) conditions:
A. There is reason to believe that the student's desk or locker contains the probable presence of contraband material.
B. The probable presence of contraband material poses a serious threat to the maintenance of discipline, order, safety and health in the school.
C. The student(s) have been informed in advance that school Board policy allows desks and lockers to be inspected if the administration has reason to believe that materials injurious to the best interests of students and the school are contained therein.
Use of drug-detection dogs and metal detectors, or similar detective devices may be used only on the express authorization of the Superintendent.
District officials may seize any item which is evidence of a violation of law, Board policy, administrative regulation or school rule, or which the possession or use of is prohibited by such law, policy, regulation or rule.
Student Search
A student may be searched if there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school the scope of the search must be reasonably related to the objectives of the search and the nature of the infraction.
Students may be searched by law enforcement officials on school property or when the student is under the jurisdiction of the district upon the request of the law enforcement official. Such requests ordinarily, shall be based on warrant. The school Principal or designee will attempt to notify the student's parents in advance and will be present for all such searches.
Legal Reference: Connecticut General Statutes
10-221 Boards of Education to prescribe rules
New Jersey v. T.L.O., 469 US 325; 105 S.CT. 733
Policy adopted: 09-10-2018
Justification for Student Searches
Students have the right to be free of unreasonable searches and seizures under the fourth amendment of the constitution of the United States. Balanced against this right is the school officials' responsibility to create and maintain an environment consistent with school's educational mission. School officials have a duty to protect the health, safety and welfare of all students under their authority.
Prohibited Items
Students are prohibited from bringing to school items or substances which would disrupt the educational function of the school or which are prohibited by school Board policy or administrative regulations or by law. Examples of items or substances in this category are weapons, clubs, explosives, firecrackers, alcoholic beverages, and nonprescription drugs or drug paraphernalia.
Lockers and Other School Property
Lockers and other storage spaces are provided to students for their convenience. These storage areas remain school property, and as such, are subject to routine periodic inspections by school authorities as well as searches. Such inspections to allow responsible school authorities to confirm that lockers are being used appropriately in a manner consistent with the health and safety of all students. Students should not to store items in lockers which violate school Board policy or administrative regulations or law.
Emergencies
Circumstances which put the safety of students or school staff at risk or could result in substantial property damage also will constitute sufficient reasons for school or police officials to conduct a thorough search of all school property. A bomb scare is an example of such an emergency.
Principals, or designees, may also conduct searches of student lockers, their property, or students themselves when there are reasonable grounds to suspect that a particular student is in possession of an item or a substance that represents a material threat to school routine or is prohibited by school Board policies or regulations or by law.
Student property shall include, but not be limited to, purses, knapsacks, bookbags, and the like; outer coats and jackets; footwear; belts; pockets; hair; hats; and automobiles. If students don't have access to their cars during school hours, searching student cars should not be done. School authorities in cooperation with police may use dogs to conduct sniff searches of school property and student driven cars.
Police Notification
School authorities shall cooperate with appropriate law enforcement agencies in investigations of incidents on school property and in other investigations as outlined in Board of Education policy.
Lockers and Other School Property (Desks)
A. The school Principal or his/her designee shall maintain an accurate list of all locker assignments and either a master key or combinations to all lockers.
B. At the time a student is assigned a locker or other storage space, he or she shall be informed that school authorities are empowered to conduct random periodic inspections of school lockers as well as searches based on reasonable suspicion of a student's having illegal items or items violative of Board policy or administrative regulation. Inspection policy also shall be posted in appropriate locations throughout the school.
C. Students also will be informed of the following locker regulations:
1. Students are responsible for the contents of the locker assigned to them.
2. Students are to keep their lockers locked.
3. Students are not to give other students access to their locker.
A. The exercise of that right to inspect also requires protection of each student's personal privacy and protection from coercion. An authorized school administrator may search a student's desk or locker under the following conditions:
1. When the school administrator believes that the search is justified at its inception and is reasonably related in scope to the circumstances which justified it;
2. There are reasonable grounds to believe that the search will reveal evidence that a student has violated or is violating either school rules or laws.
The search of a group of students' desks or a group of students' lockers where no particular student within the group is suspected may be conducted only if there is a reasonable suspicion of conduct immediately harmful to students, staff, or school property.
Prescription Drugs
Students who have a legitimate need to bring prescription drugs to school should register this information in the nurse's office.
Lost or Abandoned Items
Lost or abandoned items will be inspected by school authorities.
Student Searches
A. All searches of students shall be conducted or authorized by the Principal or designee, in the presence of a witness.
B. Students may be asked to consent to searches, but in no event shall the student be threatened with harsher punishment or treatment for refusing to consent, nor shall he or she be coerced or induced to give consent in any other manner. Consent, if given, shall be writing. If the student is unwilling to give free and voluntary consent, the school administrator may order the student to submit to a search, and if the student refuses to obey the order, insubordination charges may be brought against the student in accordance with applicable school regulations.
C. Searches should be no more intrusive than necessary to discover that for which the search was instigated.
D. A search of a student's handbag, gym bag or similar personal property carried by a student may be conducted if there is "reasonable grounds" for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.
E. Locker searches shall be conducted in the presence of another staff member and in the presence of the student responsible for the contents of the locker, if possible.
F. Searches may include, if school authorities think necessary, a frisk or patdown of student clothing. Frisk or patdown searches shall be conducted by a member of the same sex as the student and in the presence of another staff member.
G. At no time should school officials conduct a search which requires a student to remove more clothing than his/her shoes, hat, or jacket. If school authorities are convinced that a more intrusive search is required, they should advise the proper law enforcement agency.
H. A search of a student's person, or a search of a group of students where no particular student within the group is suspected, may be conducted only if there is a reasonable suspicion of conduct immediately harmful to students, staff or school property. "Strip searches" of students are prohibited by employees of this school district.
I. Student searches which disclose evidence of school misconduct, but not criminal misconduct, should be treated according to applicable policies and/or regulations.
J. In the event that a student search discloses evidence of criminal wrongdoing, the school Principal or his/her designee shall determine whether or not police officials should be notified of the fruits of the search. If police officials are notified the student's parents should be advised of this fact as soon as possible.
Student Notification
Students shall be informed annually that Board policy allows student search and school desk/locker search.
(cf. 5141.21 Administering Medication)
Legal Reference: Connecticut General Statutes
10 221 Boards of education to prescribe rules.
New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985)
PA 94 115 An Act Concerning School Searches.
Regulation approved: