JFG - Student Searches and Inspections**
All student searches conducted by the district shall be subject to the following requirements:
- The district official conducting the search shall have individualized, “reasonable suspicion” based upon specific and articulated facts to believe that the student personally poses or is in possession of some item that poses an immediate risk or serious harm to the student, school officials and/or others at the school;
- The search shall be “reasonable in scope.” That is, the measures used are reasonably related to the objectives of the search, the unique features of the official’s responsibilities, and the area(s) which could contain the item(s) sought and not excessively intrusive in light of the age, sex, maturity of the student and nature of the infraction.
Whenever feasible, the student should be present when his/her property or district property which he/she used is being searched.
District officials may seize any item which is deemed injurious or detrimental to the safety and welfare of the students and staff, or is evidence of a violation of law, Board policy, administrative regulation or school rule, or which the possession or use of is prohibited by such law, policy, regulation or rule.
To further protect students and provide a safer school environment, random inspections of lockers and other student storage areas may also occur at any time. These areas remain in the possession and control of the school when they are assigned for student use. Students may use student storage areas for the limited purpose of temporarily keeping items needed for classes and other school activities.
Students shall expect that lockers and other student storage areas will be inspected by the school from time to time without prior notice to assure that such areas are not being used for any unauthorized purpose. Prohibited items will be removed and held by the school and/or turned over to appropriate authorities in a timely manner. Any items removed during an inspection will be returned to the student, the student’s parents or held for the police as necessary. Students will be disciplined if any prohibited items are found.
END OF POLICY
OAR 581-021-0050 to -0075
New Jersey v. T.L.O., 469 U.S. 325 (1985).
State ex. rel. Juv. Dept. v. M.A.D., 233 P3d. 437, 348 Or. 381 (2010).
State v. B.A.H., 263 P3d. 1046, 245 Or. App. 203 (2011).
State v. A.J.C., 326 P3d. 1195, 355 Or. 552 (2014).
KN - Relations with Law Enforcement and the Department of Human Services (DHS)
If school officials have reasonable suspicion to believe that an illegal act or violation of school rules has been committed, is being committed or is about to be committed, they are authorized to search the student or his/her personal property, or any district property used by the student, and seize any items deemed injurious or detrimental to the safety, health and welfare of the students and staff. Students are prohibited from using or possessing dangerous weapons, firearms, look-a-like weapons, dangerous instruments and/or hazardous or explosive materials or devices, controlled substances including alcohol. On a random basis, drug sniffing dogs may be used to search lockers and vehicles to detect contraband and violators of school rules and criminal laws.
To further protect students and provide a safer school environment, random inspections of lockers and other student storage areas may also occur at any time. These areas remain in the possession and control of the school when they are assigned for student use. Students may use student storage areas for the limited purpose of temporarily keeping items needed for classes and other school activities. Students shall expect that lockers and other student storage areas will be inspected by the school from time-to-time without prior notice to assure that such areas are not being used for any unauthorized purpose.
Law enforcement officials may bring information forward that would lead school staff to make a decision to initiate a search. However school staff must act independent of law enforcement influence to decide whether reasonable suspicion exists for a search. This will assist in assuring school staff do not become “agents of law enforcement.”
Prohibited items will be removed by school staff, who will immediately notify an administrator. Any items suspected of being controlled substances, drug paraphernalia, weapons or other unlawful items will be immediately reported for retrieval by local law enforcement officials. Failure to do so could result in school staff being charged with Possession of Controlled Substances (ORS Chapter 475 Et al) or other crimes.
Other items held or confiscated by the school will be evaluated for return to the proper owner upon completion of an investigation or a disciplinary action. If it is decided the item should be returned, contact should be made with the student and/or parents to determine the best method of return. Under no circumstance should inappropriate items be allowed back into the educational environment Items left unclaimed after an investigation or disciplinary action will be disposed of by the school. Each school may set aside a time period, with reasonable advance notice to students, when all lockers will be inspected for overdue library books and prohibited items.