502.08 SEARCH AND SEIZURE

 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