34 CFR § 106.40 In the absence of leave policies for students with temporary disabilities, pregnancy and related conditions shall be treated as justification for a leave of absence for a period of time deemed medically necessary by the student’s physician. Students shall be reinstated to the status they held when the leave began.
5.0740 STUDENT INTERROGATIONS, SEARCH, AND SEIZURE
5.0740.01 SEARCH AND SEIZURE Issue Date: 4/10/97 Updated: 3/9/23
Students shall be free from unreasonable search and seizure by school officials. School officials may search a student or a student’s property with reasonable suspicion or with the student’s consent. A search must be reasonable both in the reason for the search and the scope of the search New Jersey v. T.L.O., 469 U.S. 325 (1985)
Jones v. Latexo, 499 F. Supp. 223 (ED. Tex. 1980) Bellnier v. Lund, 438 F. Supp. 47 (N.D.N.Y 1977)
5.0740.02 REASONABLE SUSPICION Issue Date: 3/9/23
“Reasonable suspicion” is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy.
5.0740.03 SEARCHES OF PLACES Issue Date: 4/10/97 Updated: 3/9/23
Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. While students may lock or otherwise secure lockers from access by other students, this does not give the student an expectation of privacy with regard to school access, nor may a student lock or secure a locker with means that are not approved by the school. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. In addition, the school district has a reasonable and valid interest in ensuring that the lockers are properly maintained. For this reason, periodic inspection of lockers is permissible to check for cleanliness and vandalism. Any illegal items or contraband discovered during such searches (including electronic cigarette products) shall be confiscated by school officials and may be turned over to law enforcement officials. Student privacy regarding contents of the locker which are not contraband or in violation of law or policy will be respected. Zamora . Pomeroy, 639 F. 662 (10th Cir. 1981) Singleton v. Board of Educ. USD 500, 894 F. Supp. 386 (D. Kan. 1995)
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