FILE:  JCAB

Cf:  JCAB-R, JCDAC

Cf:  JCDAE

 

STUDENT SEARCHES

 

 

The Cameron Parish School Board is the exclusive owner of any public school building and all desks and lockers within the buildings assigned to any student and any other area of any public school building or grounds set aside for the personal use of students.  Any teacher, principal, administrator, or school security guard in the Cameron Parish Public School System may search either physically or with the use of metal detectors, any building, desk, locker, area or grounds of said public school for evidence that a law, a school rule, or a School Board policy has been violated.  Students shall have no expectation of privacy in use of the lockers which have been assigned to them, and their utilization of such lockers shall constitute consent by them to the search of such locker facilities by authorized school personnel.

 

Any teacher, principal, administrator, or school security guard employed by the School Board, may search the person of a student or his personal effects when based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, School Board policy, or a school rule.  Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and the nature of the suspected offense.

 

Such factors to be considered in determining the manner in which searches may be conducted are:

 

  1. Age and sex of student

  2. Behavior record of student

  3. Need for search

  4. Purpose of search

  5. Type of search

  6. Reliability of the information used to conduct search

  7. The relative importance of making the search without delay

  8. Nature and severity of problem in overall school environment

 

Random searches with a metal detector of a student or his/her personal effects may be conducted at any time, provided such searches are conducted without deliberate touching of the student.

 

Any search of student's person shall be done privately by a teacher, administrator, or security guard of the same sex as the student to be searched.  At least one witness who is of the same sex as said student shall be present throughout the search.  Detailed documentation shall be made of all searches.  If requested, notification of the search shall be sent to the parents of the student involved.

 

Any automobile parked on School Board property by a student may also be searched at any time by school officials who have articulable facts which lead them reasonably to believe that items in violation of state law, School Board policy or school rule are contained therein.  If the automobile is locked, the student shall unlock the vehicle.  If the student refuses to unlock the vehicle, proper law enforcement authorities shall be summoned and the student shall be subject to disciplinary action.

 

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.

 

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 appropriate law enforcement officials.  Any implement or material confiscated shall be retained, catalogued, 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.  Any principal or designee failing to report any prohibited weapon or confiscated material or implement to law enforcement personnel 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 School Board.

 

If any teacher, principal, administrator, or school security guard employed by the School Board should be sued for damages by any student, the parent of such student or by any other person on behalf of such student, based upon a search conducted in compliance with this policy, the School Board shall provide such teacher, principal, administrator, or school security guard with a legal defense thereto, including reasonable attorney's fees, investigative costs and other related expenses.  In such suit, the School Board shall indemnify him/her fully against said judgment including principal, interest and costs.

 

If in any suit brought against any teacher, principal, administrator, or school security guard employed by the School Board, as stated above, there is a specific finding that the action of the teacher, principal, administrator, or school security guard was malicious and willfully and deliberately intended to harass, embarrass or intimidate the student, the School Board shall not indemnify such teacher, principal, administrator, or school security guard in the event a judgment for damages shall be rendered against him/her.

 

Whenever any search is conducted pursuant to this policy, a written record shall be made thereof by at least two (2) adult employees of the School Board who conducted the search and shall include names of the persons involved, the circumstances leading to the search and the results of the search.  This written and signed record shall be filed and maintained in the principal's office.  If it becomes necessary to obtain a search warrant in order to search a student or his/her property, then the following procedures shall apply:

 

  1. Obtain a search warrant and allow law enforcement officials to conduct the search.

  2. Obtain another teacher, principal or administrator as a witness before the search is made.

  3. Give the student a receipt for any material detained and keep a duplicate for school records.

 

Nothing in the above should be construed as preventing the teacher, principal, or administrator from taking immediate action to take whatever reasonable steps necessary to safeguard the health and welfare of all students.

 

USE OF DRUG DETECTION DOGS

 

Detecting marijuana and other drugs in schools is difficult because the contraband can be hidden easily on the person, in lockers, cars etc.  To help school administrators locate and hopefully deter the use of such drugs within the school system, the Cameron Parish School Board shall use the services of a drug detecting dog whose use shall be in accordance with the following regulations or procedures.

 

  1. Random Searches

 

  1. At no time shall the dog be used in any classroom or other group of students where a supervised educational process is in progress.

  2. The dog will be used to make random searches of the following areas:

 

  1. School lockers

  2. Automobiles

  3. School buses

  4. School equipment

  5. Bathroom facilities

  6. Books

  7. Any and all other school facilities and grounds

 

  1. The dog may be used to search a student's clothing and personal objects, but at no time shall a student be asked to strip nude for purposes of random search.

  2. The random searches upon school campuses shall be conducted according to a schedule agreed upon by the principal or his/her designee and the responsible law enforcement officer in charge of this program.

 

  1. The use of the dog at any particular school campus shall be unannounced to everyone except the principal or his/her designee.  The responsible law enforcement officials in charge of the operation shall report to the principal's office, properly identifying themselves, and state their purpose prior to the use of the dog on a campus.

  2. The principal or his/her designee shall accompany the search team.

  3. The principal or his/her designee, for good reason, may refuse to allow a search of the school at that particular time.  He/she shall, however, notify the Superintendent, or his/her designee, stating the reasons for refusal.  The Superintendent or his/her designee, in turn, may overrule the principal and go ahead with the planned inspection.

  4. The principal and/or his/her designee must maintain confidentiality at all times and expected to cooperate not only with the intent but also the spirit of this policy.

 

  1. Procedure When Alcohol or Drugs Are Discovered During the Search

 

  1. Search of school property

 

  1. If the dog alerts on a school locker or other property belonging to the School Board but being used by the student, the principal, or his/her designee, shall summon the student to such property.  The student shall be informed of the dog's alert and asked to consent to a search of such property.

  2. If the student consents to the search, the property shall be searched by the principal or his/her designee and the dog handler.  If alcohol or drugs are discovered, they shall be confiscated and the student's parents shall be notified.  Any offender shall be disciplined by school personnel in accordance with the Student Code of Conduct.

  3. If the student refuses to consent to search of property which does not belong to the School Board after having been informed of the dog's alert, the student's parents shall be notified.  If the parents own the property and agree to the search, it shall be conducted by the dog handler with the principal or his /her designee present.  If alcohol or drugs are discovered, they shall be confiscated and the student shall be disciplined in accordance with the Student Code of Conduct.

  4. If both the student and the parents refuse to consent to the search of property not belonging to the School Board, the parents and student shall be informed that the property shall be searched under one or both of the following conditions:

 

  1. Pursuant to a search warrant procured by the officer in charge of the search team.

  2. That parking upon school premises is conditioned upon consent to reasonable searches for contraband.

 

Revised:  November, 1994

Revised:  April, 2003

Revised:  August 13, 2018

 

 

Ref:    U.S. Constitution, Amend. IV

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

La. Rev. Stat. Ann. ยงยง17:416, 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, 7-11-83, 7-14-03, 8-13-18

 

Cameron Parish School Board