JIH-R QUESTIONING AND SEARCHES OF STUDENTS - ADMINISTRATIVE PROCEDURES
File: JIH-R
Questioning and Searches of Students
Administrative Procedure
The purpose of this administrative rule is to provide guidelines for the conduct of student questioning and searches by authorized school administrators. These are guidelines only and may be adjusted within reasonable and lawful limits on a case by case basis. School administrators have the discretion to request the assistance of law enforcement authorities as they deem necessary and in accordance with MSAD #11 Board policy. Law enforcement authorities will not participate in searches except under exceptional circumstances.
[NOTE: Administrators should be aware that police generally must have “probable cause” to conduct searches, which is higher standard than “reasonable suspicion”, the standard required of school administrators.]
Any item found during a search that is illegal, violates MSAD #11 Board policies or school rules, or which in the reasonable judgment of school administrators represents a threat to the safety and welfare of the school population shall be seized. Illegal items shall be turned over to law enforcement authorities. Other items shall be stored in a secure location until a determination is made regarding appropriate disposition.
School administrators are required to document all searches and items seized or impounded. The Superintendent and the parents or students involved shall be provided with a copy of such report.
A. Questioning by School Administrators
1. School administrators are under no obligation to notify a student’s parents/
guardians prior to questioning a student regarding alleged violations of
MSAD #11 Board policies, school rules, and/or federal/state laws.
2. School administrators shall inform the student of reasons for the
questioning and provide an opportunity for the student to respond to
any allegations. School administrators shall make a reasonable effort
to question the student in a location out of the sigh and hearing of other
students.
3. If a student fails to cooperate, lies, misleads, or threatens any person
during questioning, he/she may be subject to additional disciplinary action.
B. Searches of Students, Personal Property in Students’ Immediate Possession
1. School administrators are authorized to search students and/or personal
property in students’ immediate possession, when, in their judgment, there
are reasonable grounds to suspect that a student has violated or is violating
MSAD #11 Board policies, school rules, federal/state laws, or is interfering with the operations, discipline or general welfare of the school.
2. All searches of students and/or their personal property shall be authorized
and conducted by a school administrator in the presence of a witness, except
where the circumstances render the presence of a witness impractical. A
reasonable effort will be made to conduct searches out of the sight and
hearing of other students.
3. Searches should be reasonably related to the suspected violation and no more
intrusive than necessary to discover the evidence for which the search was
instigated. Searches may include pat downs and searches of the student’s
outer clothes (e.g., pockets, jacket, shoes, hat) and personal belongings
(e.g., purse, backpack, gym bag, lunch bag). The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items. If the search produces a reasonable suspicion of the presence of evidence, a broader search may be justified. If a strip search appears to be necessary, law enforcement authorities shall be contacted and conduct the search.
4. Searches which disclose evidence that a student has violated MSAD #11Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
C. Searches of Lockers, Desks, and Other School Storage Facilities
1. School administrators shall consult with the Superintendent prior to conducting
random searches. Students have no expectation of privacy in school storage facilities or for any items placed in such storage facilities. School administrators have the authority to inspect and search storage facilities and their contents on a random basis, with or without reasonable suspicion, and without notice or consent.
2. Searches of individual student lockers, desks, or other storage facilities and their
contents based upon reasonable suspicion will be conducted in the presence of the student and a witness, if practical under the circumstances of the search. A reasonable effort will be made to conduct searches out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
3. Any search which discloses evidence that a student has violated MSAD #11 Board policies or school rules will be addressed through school disciplinary procedures. Evidence of violation of federal/state laws may result in school
disciplinary action and/or be forwarded to law enforcement authorities for possible investigation/prosecution.
D. Patrolling of Parking Lots and Searching Vehicles
1. Students may drive vehicles to school and park in designated areas in accordance
with school rules. School administrators retain the authority to patrol parking lots.
2. If school administrators have a reasonable suspicion that a vehicle which a student
has parked at school contains evidence that the student has or is violating MSAD #11 Board policies or school rules, or federal/state laws, and/or there is a substantial threat to the welfare and safety of the schools, a school administrator will search the vehicle in the presence of a witness, except where the circumstances make the presence of a witness impractical.
3. If practical, the student should be present during the search. A reasonable effort
will be made to conduct searches out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
E. Canine Patrols
1. The Superintendent may authorize canine patrols to take place anywhere
on school property if he/she deems it advisable to maintain school safety or if there is a reasonable suspicion that drugs, weapons, and/or other illegal substances of items will be found. Canine patrols may include school lockers and/or student vehicles in school parking lots.
2. The Superintendent must make requests for canine patrols in writing to the
appropriate law enforcement authorities. Only certified dogs and handlers may be used.
3. Whenever possible, canine patrols will be scheduled to minimize disruption
of the academic program and risk of contact with students.
4. When canine patrols take place during the school day, teachers will be notified
prior to the initiation of a canine patrol to keep students in their classrooms, or
designated evacuation area during the patrol. Any students in the parking lot, or
anywhere outside of a classroom, prior to a canine patrol will be instructed to
report to the school office, appropriate classroom, or evacuation area.
5. All lockers and/or student vehicles will be scanned during a canine patrol. Any
locker and/or vehicle identified by the canine patrol will be noted by the school administrators accompanying the patrol.
6. Immediately following removal of the dogs, each area noted during the canine
patrol will be searched. Each search will be conducted by a school administrator in the presence of a witness, except where the circumstances make the presence of a witness impractical.
7. If practical, the student should be present during a search of his/her locker or
vehicle. A reasonable effort may be made to conduct the search out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator shall open and search the items.
Cross Reference: JIH-Questioning and Searches of Students
KLG-Relations with Law Enforcement Authorities
Adopted: December 6, 2007