I. Searches, in general.
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.
Reasonable suspicion may be formed by considering factors such as the following:
(1) eyewitness observations by employees;
(2) information received from reliable sources;
(3) suspicious behavior by the student; or,
(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
(1) the age of the student;
(2) the sex of the student;
(3) the nature of the infraction; and
(4) the emergency requiring the search without delay.
II. Types of Searches
A.Personal Searches
1.A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.
2.Personally intrusive searches will require more compelling circumstances to be considered reasonable.
(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
(b) A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
(c) Hand-Held Metal Detector “Wand” Search: A wand search of a student and/or personal effects is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. At the discretion of the school official, a wand search may be conducted in the event that there is reasonable suspicion a student has a vaping device and the device is not found upon initial search of the person(s). A wand search may also be utilized as a component of a written safety plan when school officials deem wand searches to be reasonable at the inception or modification of the plan considering the totality of the circumstances. Circumstances that may give rise to a reasonable suspicion justifying the inclusion of a wand search in a safety plan include but are not limited to the past or present use of a weapon, dangerous object, or look-a-like weapon by the student on or off school grounds; an arrest or investigation of the student for possession or use of a weapon, dangerous object or look-a-like weapon; the threat of harm or violence by the student; behavior of the student suggesting an intent to harm; or as otherwise approved by the Superintendent considering the totality of the circumstances. Any wand search of a student and/or a student’s personal effects will be conducted according to the school district’s Search and Seizure Protocol for Wands.
