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SEARCH AND SEIZURE
The board recognizes that the Fourth Amendment's prohibitions against unreasonable searches and seizures apply to school officials, and that students do not waive their legitimate expectations of privacy when they enter school property. It is the policy of the Board of Education that any search undertaken by school officials be strictly in compliance with the law, which requires that the search be reasonable under the circumstances. School lockers remain the property of the district even when used by pupils. Lockers are subject to administrative search in the interests of school safety, sanitation, discipline, enforcement of school regulations and to search by law enforcement officials on presentation of a proper warrant. Pupils and their parents/guardians shall be informed of this policy when lockers are assigned. A pupil's person and possessions may be searched by a school official provided that the official has reasonable grounds to suspect that the search will turn up evidence that the pupil has violated or is violating either the law or the rules of the school. Under no circumstances shall a search be conducted based solely upon an anonymous tip and/or a rumor that contraband is present. The extent or scope of the search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the pupil and the nature of the infraction. A physical search may only be conducted by a staff member of the same sex as the pupil. Before instituting such a search, except in cases of emergency, the principal shall try to inform the parents/guardians and request their presence. School personnel shall not conduct any strip or body cavity searches of any pupils under any circumstances. If there is a suspicion of possession of a prohibited item, the police will be called. Searches for Controlled Dangerous Substances/Drug Paraphernalia/Alcohol/Firearms/Other Deadly Weapons Searches conducted by staff when there is suspicion that laws and policies on safe and drug free schools are being violated shall be based on the reasonable grounds required by this policy. However, the Board of Education recognizes that serious breaches of the law on school property may require the intervention of the police. It is Board of Education policy that school officials should cooperate with law enforcement officials whenever such serious breaches of the law occur. When law enforcement officials conduct the search, the more stringent grounds required by law must be applied. See policies 5131.6 and 5131.7. The Superintendent is hereby directed to promulgate rules and regulations designed to implement this policy. These rules and regulations shall reflect both the board's responsibility to maintain safety and order in the schools and the Fourth Amendment rights of the students of the Morris School District. Date: April 14, 1986 March 11, 1991 Revised September 24, 2001 First Reading October 29, 2001 Approved Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for disclosure N.J.S.A. 18A:11-1 General mandatory powers and duties N.J.S.A. 18A:36-19.2 Student lockers or other storage facility; inspection; notice to students N.J.S.A. 18A:37-6.1 Strip and body cavity searches prohibited N.J.S.A. 18A:54-20 Powers of board (county vocational schools) N.J.A.C. 6:29-10.1 et seq. Safe and drug free schools State in interest of T.L.O., 94 NJ 33 (1983); New Jersey v. T.L.O., 469 U.S. 325, 53 (1985) Vernonia School District 47J v. Acton et ux., Guardians ad litem for Acton, U.S. , 115 S.Ct. 2386 (1995) The New Jersey School Search Policy Manual, New Jersey Attorney General (1998) A Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials (1999 Revisions) Cross References: *1410 Local units 5114 Suspension and expulsion 5131 Conduct/discipline 5131.6 Drugs, alcohol, tobacco (substance abuse) 5131.7 Weapons and dangerous instruments 5145.11 Questioning and apprehension Key Words Search and Seizure, Locker Searches, Substance Abuse, Seizure |
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