School district property is held in public trust by the board. School district authorities may, without a search warrant, search a student, student storage areas, desks, work areas or student vehicles based on a reasonable suspicion that a board policy, school rule or law has been broken. The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.
School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco/nicotine, weapons, explosives, poisons and stolen property. The board prohibits the use of tobacco and prohibits the possession, use, or being under the influence of beer or alcohol, other controlled substances, or "look alike" substances that appear to be tobacco, beer or alcohol or controlled substances by students. Such items are not to be possessed by a student anywhere at school district facilities or at school-sponsored, school-approved or school- related activities. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement authorities.
The board believes that such illegal, unauthorized or contraband materials cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
Iowa Code ch. 808A (1993).
281 I.A.C. 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
905.2 Tobacco/Nicotine-Free Environment
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/2020 Revised: 12/8/2020
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 502.08E1
SEARCH AND SEIZURE CHECKLIST
I. What factors caused you to have a reasonable suspicion that the search of this student or the student's effects, locker or automobile would turn up evidence that the student has violated or is violating the law, school rules or policy?
A. Eyewitness account.
1. By whom:
2. Date/Time:
3. Place:
4. What was seen:
B. Information from a reliable source.
1. From whom:
2. Time received:
3. How information was received:
4. Who received the information:
5. Describe information:
C. Suspicious behavior. Explain
D. Time of search:
E. Location of search:
F. Student told purpose of search:
G. Consent of student requested:
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Code No. 502.9E1
SEARCH AND SEIZURE CHECKLIST
II. Was the search you conducted reasonable in terms of scope and intrusiveness?
A. What were you searching for:
B. Sex of the student:
C. Age of the student:
D. Exigency of the situation:
E. What type of search was being conducted:
F. Who conducted the search:
Position: Sex:
G. Witness(s):
III. Explanation of Search.
A. Describe the time and location of the search:
B. Describe exactly what was searched:
C. What did the search yield:
D. What was seized:
E. Were any materials turned over to law enforcement authorities:
F. Were parents notified of the search including the reason for it and the scope:
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Code No. 502.08R1
SEARCH AND SEIZURE REGULATION
I. Searches, in general.
A. Reasonable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school policy or rules.
Reasonable suspicion may be formed by considering factors such as the following:
(1) eyewitness observations by employees;
(2) information received from reliable sources;
(3) suspicious behavior by the student; or,
(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for a reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
(1) the age of the student;
(2) the sex of the student;
(3) the nature of the infraction; and
(4) the exigency requiring the search without delay.
II. Types of Searches
A. Personal Searches
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school authority has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated board policies, school rules or the law.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 502.08R1
SEARCH AND SEIZURE REGULATION
conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
(b) A more intrusive search of the student's person is permissible in emergency situations when the health and safety of the students, employees, or visitors on the school premises or property within the jurisdiction of the school district or at school-sponsored or school-approved events are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present, unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker Searches
1. Maintenance Searches: Although school lockers are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers are properly maintained. For this reason, periodic inspections of lockers is permissible to check for cleanliness and vandalism. General maintenance inspections may be conducted by school authorities with at least twenty-four hours notice to the student, without the student's consent, and without a search warrant.
Any contraband discovered during such searches shall be confiscated by the administration. The administration shall attempt to correct the problem through counseling, parental involvement, medical referrals, or other such referrals depending on the severity of the situation.
2. Non-maintenance Searches: The student's locker and its contents may be searched when a school authority has reasonable suspicion that the locker contains illegal or contraband items. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
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