5.0740.04 SEARCHES OF STUDENTS Issue Date: 4/10/97 Updated: 3/9/23
Searches of students’ outer clothing and pockets may be conducted if reasonable suspicion exists. The extent of the search will be governed by the urgency and seriousness of the alleged infraction, the student's age, and the student's disciplinary history. This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the School–including all students participating in extracurricular activities and athletics, dual-enrolled students and students taking online courses, when applicable
5.0740.05 HEALTH/SAFETY OF STUDENTS Issue Date: 3/9/23
Whenever the search is prompted by the reasonable suspicion that possession of a substance or object immediately threatens the safety and health of the student or others, the appropriate School official shall act with as much speed and dispatch as is required to protect persons and property in the School while keeping clearly in mind the student's rights and the potential consequences of inappropriate or hasty action.
5.0740.06 METHOD AND SCOPE OF SEARCH Issue Date: 3/9/23
The scope of any search should be limited by the reasonable suspicion that motivated the search. If an item is found that leads to reasonable suspicion that additional, related items may also exist, the search may be extended. If the initial search produces no evidence of contraband, there should be no extension of the search based on simple curiosity or unreasonable teacher/administrator suspicion. Anything found in the course of a search which is evidence of a student violation of School rules or federal/state laws may be seized and admitted as evidence in any suspension or expulsion proceeding. It may also be turned over to any law enforcement officer. Vehicles in the possession of students and parked on school premises may be searched, based on reasonable suspicion, by the appropriate School official. Searches of vehicles of staff members or visitors shall be conducted by law enforcement personnel.
5.0740.07 INTERROGATIONS AND SEARCHES Issue Date: 3/9/23
Highly intrusive invasions of a student’s privacy, such as searches of the student’s person or strip searches, shall be conducted only if individualized reasonable suspicion exists to believe that there is a legitimate safety concern due to a student’s possession of weapons. These searches must be designed to be minimally intrusive, taking into account the item for which the search is conducted. Strip searches are seldom warranted and shall not be conducted without prior consultation with District administration and if possible legal counsel. Singleton v. Board of Educ. USD 500, 894 F. Supp. 386 (D. Kan. 1995) Doe v. Renfrow, 631 F.2d 91 (7th Cir. 1980) Konop v. Northwestern School Dist., 26 F. Supp. 2d 1189 (D. S.D. 1998)
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