Board Policy – Searches by School Staff

Board Policy and Administrative Procedures  – Searches by School Staff

The Board of Directors has adopted the following policy addressing searches by school staff:

Code 519
Title: Search by School Staff Relating to Students, Protected Student Areas, Lockers, Desks, and Other School Facilities or Spaces
The superintendent shall implement search procedures by school staff relating to students, protected student areas, lockers, desks and other facilities or spaces that are consistent with Iowa Code Chapter 808A.

The Superintendent has adopted the following administrative procedures addressing searches by school staff:

Series 500
Code 519

Title: Search by School Staff Relating to Students, Protected Student Areas, Lockers, Desks, and Other School Facilities or Spaces

I. Searches of a student or protected student area.

A. A school official may search an individual student and a protected student area if:
1. The official has reasonable grounds for suspecting that the search will produce evidence that a student has violated or is violating either the law, or a school rule or regulation, or any other reasonable expectation of student conduct, and
2. The search is conducted in a manner which is reasonably related to the objectives of the search and which is not excessively intrusive in light of the age and gender of the student and the nature of the infraction.

B. All searches of students or protected student areas must be reasonably related in scope to the circumstances which gave rise to the need for the search and based upon consideration of relevant factors which include, but are not limited to, the following:
1. The nature of the violation for which the search is being instituted.
2. The age and gender of the student who may be searched, and
3. The objectives to be accomplished by the search.

C. If a student is not or will not be present at the time a search of a protected student area is conducted, the student shall be informed of the search either prior to or as soon as is reasonably practicable after the search is conducted.

II. Inspections of lockers, school desks and other provided spaces.

A. School officials may conduct periodic inspections of all, or a randomly selected number of, school lockers, desks, and other facilities or spaces owned by the school and provided as a courtesy to students. Periodic Inspections of school lockers, desks, or other facilities or spaces owned by the school and provided as a courtesy to a student may be conducted by a drug/contraband sniffing animal

B. The furnishing of a school locker, desk, or other facility or space owned by the school and provided as a courtesy to a student shall not create a protected student area, and shall not give rise to an expectation of privacy on a student’s part with respect to that locker, desk, facility, or space. Allowing a student to use a separate lock on a locker, desk, or other facility or space owned by the school and provided to the student shall not give rise to an expectation of privacy on a student’s part with respect to that locker, desk, facility, or space.

C. Students are permitted to park on school premises as a matter of privilege, not a right and parking provided as a courtesy to students. The interior of a student’s automobile on the school premises may be searched without a search warrant if there is reasonable suspicion that a student has violated or is violating the law, or has illegal, unauthorized, or contraband items contained inside.

D. Each year when school begins, all district schools shall provide written notice to all students and the students’ parents, guardians, or legal custodians, informing them that school officials may conduct periodic inspections of school lockers, desks, and other facilities or spaces owned by the school and provided as a courtesy to students without prior notice. An inspection under this policy shall either occur in the presence of the student whose locker is being inspected or in the presence of at least one other person.

III. Prohibited Searches.

A. School officials shall not conduct a search which involves:

1. A strip search.
2. A body cavity search.
3. The use of a drug/contraband sniffing animal to search a student’s body
4. The search of a student by a school official not of the same sex as the student.

IV. Definitions.

A. “Protected student area” includes, but is not limited to:

1. A student’s body.
2. Clothing worn or carried by a student.
3. A student’s pocketbook, briefcase, duffel bag, book bag, backpack, knapsack, or any other container used by a student for holding or carrying personal belongings of any kind and in the possession or immediate proximity of the student.

B. “School official” means licensed school employees, including but not limited to principals, vice principals, deans of students, teachers, counselors and social workers, and also means unlicensed school employees employed for security or supervision purposes such as campus monitors.