FILE:  JCAB

Cf:  JCABA, JCABB

Cf:  JCDAB, JCDAC, JGFF

 

STUDENT SEARCHES

 

 

The Pointe Coupee Parish School Board is the exclusive owner of any public school building and any desk or locker utilized by any student contained therein or any other area that may be set aside for the personal use of the students.  Any teacher, principal, administrator, or school security guard employed by the School Board, having a reasonable belief that any public school building, desk, locker, area or grounds of any public school contains any weapons, illegal drugs, alcoholic beverages, nitrate based inhalants, stolen goods, or other items the possession of which is prohibited by any law, School Board policy, or school rule, may search either physically or with the use of metal detectors such building, desk, locker, area or grounds of said public school.  The acceptance and use of locker facilities or the parking of privately owned vehicles on school campuses by students shall constitute consent by the student to the search of such locker facilities or vehicles by authorized school personnel.  In addition, the School Board reserves the right to inspect or search at any time lockers, desks, or any facilities, objects, or vehicles on the school campus, or used by students, for the purpose of enforcing compliance with any health, safety, or security policies, rules, or regulations.  Any student not present during the search shall be informed of the search immediately thereafter.

 

Students and parents shall be notified in writing at the beginning of each school year of the School Board's authority to conduct unannounced searches of students, lockers, automobiles, school employees, and any other person or object on School Board property and at school sponsored events.  Signs of high visibility informing the general public of the School Board's search authority shall be posted at entrances to all School Board buildings.

 

Upon any such violation, the student shall be automatically suspended and/or recommended for expulsion by school authorities, as appropriate.  Investigative facts and/or seized items shall be immediately turned over to the proper law enforcement officials.

 

Whenever any search is conducted pursuant to this policy, as soon as is reasonably practical a written record shall be made thereof by the school administrator/designee conducting the search and such record shall include the name of the student and/or person(s) involved, the circumstances leading to the search and the results of the search.  This written, dated and signed record shall be filed and maintained in the school administrator's office, and a copy of it shall be sent to the Superintendent within five (5) days.  The student(s) and parent(s)/guardian(s) shall be given a written receipt for any item(s) seized and/or impounded by the school administrator/ designee.

 

No actions taken pursuant to this policy by any teacher, principal, administrator, or school security guard employed by the School Board shall be taken maliciously or with willful and deliberate intent to harass, embarrass or intimidate any student.

 

SEARCH OF VEHICLES

 

The School Board shall require students who bring vehicles on campus to register those vehicles and to provide the school authorities with a consent to search of such vehicle signed by the student, parents and/or owner of the vehicle.  Any vehicle parked on School Board property may be searched without consent at any time by a school administrator/designee when such school administrator/designee has articulable facts which lead the school administrator/designee to a reasonable belief that weapons, dangerous substances or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations will be found.  Searches may also be conducted to assure compliance with health, safety, and/or security laws, rules, or regulations.  Such searches shall be conducted in the presence of the student whenever possible.

 

If the automobile is locked, the student shall unlock the automobile.  If the student refuses to unlock the automobile, proper law enforcement officials shall be summoned, and the student shall be subject to disciplinary action.  Any student not present during the search shall be informed of the search immediately thereafter.

 

CONFISCATION

 

Upon proper school personnel confiscating any firearm, bomb, knife, or other implement which could be used as a weapon, or any controlled dangerous substance, the principal or designee shall report the confiscation to the proper law enforcement officials.  Any implement or material confiscated shall be retained, cataloged, and secured by the principal so as to prevent the destruction, alteration, or disappearance until such time as the implement or material is given to law enforcement personnel for disposal.  Parents shall be notified of any item impounded.  Any principal or designee failing to report any prohibited weapon or confiscated material or implement to the proper law enforcement officials or failing to properly secure any weapon or confiscated material or implement shall be subject to appropriate disciplinary action as may be determined by the Superintendent and/or Board.

 

DRUG DETECTION TEAM

 

There shall be a Drug Detection Team at each school. Such teams shall be composed of the following members: Supervisor of Child Welfare and Attendance, school principal or designee, and law enforcement.

 

Searches

 

  1. Unannounced periodic checks of the schools by the Drug Detection Team shall be conducted.
     

  2. Searches of school campuses shall be scheduled by the School Board Central Office to ensure minimum interruption of scheduled activities at the school.
     

  3. The times and locations of the searches shall not be announced to any person to ensure the effectiveness of the program.  Only the Supervisor of Child Welfare and Attendance, the principal or his/her designee, and appropriate law enforcement officials shall have prior knowledge of the times and locations of the searches.
     

  4. Searches utilizing drug detection dogs shall be limited to the unoccupied halls, unoccupied classrooms, unoccupied restrooms, lockers, other unoccupied areas, and unoccupied vehicles that are parked on the campus.
     

  5. Students will empty their pockets onto their desks and leave their coats, jackets, purses and/or bookbags in the classroom during the search.
     

  6. Under no circumstances shall a drug detection dog be allowed to search any room or vehicle that is occupied by students.
     

  7. Searches of students by a drug detection dog shall be specifically prohibited.  Searches of students' persons shall be conducted in accordance with provisions provided under policy JCABA, Searches of Student’s Person.

 

If a drug detection dog "alerts" to a desk, locker, area, or vehicle, then the principal or designee shall have a reasonable belief that illegal drugs are contained therein.  On the basis of such belief, the principal or designee shall conduct a physical search of the locker, area, or vehicle.  Any suspected illegal drugs discovered during the search shall be confiscated and turned over to the commissioned law enforcement officer for custody.  A receipt for the suspected drugs, signed by the law enforcement officer, shall be given to the student and a copy of the receipt shall be given to the principal.  The report shall contain at least the following information:

 

  1. the name of the student(s)
     

  2. the names of all members of the Drug Detection Team
     

  3. the identification and quantities of the items confiscated
     

  4. the location from which confiscated
     

  5. the time and date of the search

 

Parent Notification

 

Whenever suspected illegal drugs are confiscated, school officials shall immediately notify the parent(s) or guardian(s) of the student from whose desk, locker, area, or vehicle the suspected illegal drugs were seized.

 

Any student found to be in possession of illegal drugs on school property, on a school bus, or at a school sponsored even shall be recommended for expulsion in accordance with policies of the Pointe Coupee Parish School Board.

 

Revised:  October, 1994

Revised:  June, 2003

Revised:  February, 2005

Revised:  January, 2007

 

 

Ref:     U.S. Constitution, Amend. IV

U.S. Constitution, Amend. XIV, Sec. 1

La. Rev. Stat. Ann. §§17:416, 17:416.3

Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)

State v. Stein, 203 Kan. 638 456 P.2d (1969)

New Jersey v. T.L.O., 469 US 325, 105 S.Ct. 733

Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education

Board minutes, 3-27-03, 5-27-04, 4-28-05

 

Pointe Coupee Parish School Board