Modoc Joint USD | BP 5145.12 Students
Search And Seizure
As necessary to protect the health, safety and welfare of students and staff, school officials may search students, their property and/or district property under their control, and may seize illegal, unsafe and prohibited items. The Board of Trustees requires that discretion, good judgment and common sense be exercised in all cases of search and seizure.
School officials may search individual students, their property and district property under their control, when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law, Board policy, administrative regulation, or other rules of the district or the school.
Employees shall not conduct strip searches or body cavity searches of any student. (Education Code 49050)
Searches of individual students shall be conducted in the presence of at least two district employees.
The principal or designee shall notify the parent/guardian of a student subjected to an individualized search as soon as possible after the search.
(cf. 5145.11 - Questioning and Apprehension)
The principal or designee may conduct a general inspection of school properties that are within the control of students, such as lockers and desks, on a regular, announced basis, with students standing by their assigned lockers or desks. Any items contained in a locker or desk shall be considered to be the property of the student to whom the locker or desk was assigned.
Because lockers and desks are under the joint control of the student and the district, school officials shall have the right and ability to open and inspect any school locker or desk without student permission or prior notice when they have reasonable suspicion that the search will uncover evidence of illegal possessions or activities or when odors, smoke, fire and/or other threats to health, welfare or safety emanate from the locker or desk.
Use of Drug-Detection Dogs
In an effort to keep the schools free of drugs, the district may use specially trained nonaggressive dogs to sniff out and alert staff to the presence of substances prohibited by law or Board policy. The dogs may sniff the air around lockers, desks, or vehicles on district property or at district-sponsored events as long as they are not allowed to sniff within the close proximity of any students.
(cf. 5131.6 - Alcohol and Other Drugs)
35160 Authority of governing boards
35160.1 Broad authority of school districts
626.10 Dirks, daggers, knives or razor; bringing into or possession of upon or within public school ground; exception
B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260
O'Connor v. Ortega, (1987) 107 S.Ct. 1492
New Jersey v. T.L.O., (1985) 469 U.S. 325
Horton v. Goose Creek Independent School District, (5th Cir. 1982) 690 F.2d 470
Zamora v. Pomeroy, (10th Cir. 1981) 639 F.2d 662
ATTORNEY GENERAL OPINIONS
83 Ops.Cal.Atty.Gen. 257 (2001)
75 Ops.Cal.Atty.Gen. 155 (1992)
California Attorney General's Office: http://caag.state.ca.us
CDE, Safe Schools and Violence Prevention Office: http://www.cde.ca.gov/ spbranch/safety
Policy MODOC JOINT UNIFIED SCHOOL DISTRICT
adopted: October 18, 2006 Alturas, California