1 New Jersey vs. T.L.O., 105 S.Ct. 733 (1985) KRS 161.180; KRS 531.335 Safford Unified School Dist. No. 1 v. Redding, 129 S.Ct. 2633 (2009)
Appendix D
Student Support and Behavior Intervention Handbook
Search and Seizure
Reasonable Suspicion
No student’s outer clothing, pockets, or their personal effects (e.g., handbags, backpacks, etc.) shall be searched by authorized school personnel unless there are reasonable grounds to believe the search will reveal evidence that the student has violated or is violating either the provisions of the Student Support and Behavior Intervention Handbook or the law. Search of a student’s person shall be conducted only with the express authority of the principal/designee.
Authorized Personnel
Searches of a student’s person or their personal effects shall only be conducted by the principal or designated administrator which the student attends. However, when an immediate threat to the health or safety of others occurs off site with no administrator reasonably available, certified or non-certified person (e.g., bus driver or coach/sponsor) that is responsible for the students is authorized to conduct the search of a student or personal effects. Examples of immediate threats would include reasonable suspicion of the presence of illegal drugs or a weapon.weapon
Witness/Personal Searches
In general, the search of a student’s person shall be conducted by providing specific directions to the student (e.g., unzip coat, empty pockets, raise pant leg), with no direct or only incidental physical contact between the person conducting the search and the student. A pat down search with direct physical contact may be utilized only when there is an immediate threat to the health or safety of the student or others.
When search of student’s person is conducted, the employee conducting the search shall be the same sex as the student, and a witness of the same sex as the student shall be present during the search. In addition, no search of a pupil shall be conducted in the presence of another student.
These restrictions shall not apply to situations involving an imminent threat to students or staff where immediate action is required to prevent harm to health and safety
Strip Searches
The strip search of a student is prohibited..
Failure to Cooperate
A student who fail to cooperate with school employee when requested to shall be subject to other disciplinary action in accordance with the Student Support and Behavior Intervention Handbook.
Regular Inspection
School property, such as lockers, desks, network systems, technology resources, and accounts owned or supplied by the district, are jointly held by the school and the student. A school administrator has the right to conduct general inspection of all such property and resources on a regular basis. During these inspections, items which are school property, such as overdue library books, may be collected. A student should not expect privacy for items and information left in such locations. A single desk, locker, or technology resource/ account may be searched if reasonable grounds exist to believe that it contains evidence of a violation of the law or the Student Support and Behavior Intervention Handbook.
Illegal Items
Illegal items (e.g., weapons, drugs) or other item in the possession of a student that is reasonably determined by school administrator to be a threat to the safety and security of the student may be seized by a school administrator.
Use of Weapons Detectors
A school administrator/designee trained in the equipment’s use is authorized to use stationary or mobile weapons detectors. A weapons detector may be used in the following circumstances;
To search an individual student or his/her/their personal belongings when there is reasonable suspicion to believe the specific student is concealing a weapon.
To search all students or their personal belongings upon entering the premises.
Administrative procedures setting guidelines for the use of weapons detectors shall be developed and presented to the Board for review and shall conform to applicable legal standards.
Students and parents/guardians shall be notified that weapons detectors may be used and the circumstances and procedures for their use
Other Disruptive Items
Items which may be used to disrupt or interfere with the educational process may be temporarily removed from the student’s possession by a staff member. Such items may be returned to the student by the staff member or through the principal’s office.
Disposition of Items
All items which have been seized shall be turned over to the proper authorities or returned to the true owner.