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Adoption Date: 9/1/2012, Revised: 11/16/2015
Regulations - Regulations


7330R SEARCHES AND INTERROGATIONS

1)     Pursuant to Board policy, students may be subject to personal searches and searches of their possessions where reasonable individualized suspicion exists to conduct such search.

2)     Searches may be conducted by the Superintendent of Schools, a Building Principal and/or designee or school nurse.

3)     A search based upon the reasonable belief that the health or safety of those in our schools is seriously and immediately threatened may be conducted with as much speed as is required to protect persons and property.

4)     Reasonable individualized suspicion to conduct a search of a student or a student's possessions and the scope of the particular search shall be based upon: the student's age; the student's history and record in school; the prevalence and seriousness of the problem to which the search is directed; the urgency necessitating an immediate search; and the probative value and reliability of information used as justification for the search.

5)     The request for a search of a student or student's possessions shall be directed to the Building Principal, who shall attempt to obtain an admission from the student of possession of the illegal matter or a voluntary consent to the search. The search shall be limited to the extent necessary to locate the illegal matter.

6)     Whenever practicable, the search should be conducted in the privacy of administrative offices and the student should be present when his/her possessions are being searched.

7)     The Building Principal shall be responsible for the custody, control and disposition of any illegal or dangerous matter taken from a student. He or she will remain in control of such substance or objects unless the same are delivered to police authorities whereupon it shall be the responsibility of said Building Principal to personally deliver such matter to police authorities.

8)     Students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places, and the school exercises overriding control over such school property. The Building Principal shall give notice to all students that lockers, desks and other school storage places may be subject to inspection at any time by school officials.

 Documentation of Searches

When a search leads to discovery of reasonable individualized suspicion with regard to a search of a student's person or his/her effects:

1)      Eyewitness accounts 

            a.      By whom;

            b.      Date/time;

            c.      Place; and

            d.     Detailed description of events/items witnessed.

2)      Information from a "reliable source" 

            a.      From whom;

            b.      Time received;

            c.      How information was received;

            d.      Who received information; and

             e.     Complete summary of information.

 

3)       Suspicious behavior: describe behavior and explain suspicions

 

If a search is conducted, the following information should be documented:

 

1)     Time and location of search;

2)    Age of student;

3)    Circumstances contributing to exigency of search;

4)    Purpose of search: what item/s were being searched for?;

5)    Type of search and scope thereof;

6)    Person conducting search and his/her title/position;

7)    Witnesses to the search;

8)     Results of search: materials found, disposition of such materials; and

9)     Results of parental notification.

Regulation Pertaining to Child Protective Services' Investigations

 From time to time, Child Protective Services may desire to conduct interviews of students on school property. Such interviews generally pertain to allegations of suspected child abuse and/or neglect. The following guidelines apply to all such interviews:

1)     All requests by Child Protective Services to interview a student of the District on school property shall be made directly to the Building Principal or their designee.

 2)     The time and place of such interview shall be designated by the Building Principal or their designee in his/her absolute discretion.

 3)     Any such interview conducted by the Child Protective Services shall  be made in the presence of the Building Principal or designee, in the presence of a staff person designated by the Building Principal for that purpose.

4)     This regulation shall apply to  all  interviews requested by  the  Department of  Social Services, Child Protective Services, as it pertains to that agency's investigations involving a student. Such investigation shall include, but shall not be limited to, suspected child abuse, suspected child neglect and custody investigations.

5)     This regulation is for the protection and benefit of the students of the District and every reasonable effort shall be made to accommodate the request of the Department of Social Services, Child Protective Services, as it relates to the aforementioned investigations.

 

6)     A record will be kept of all individuals interviewing students. Photocopy of all agency identification will be kept on file.