FILE: JCAB
STUDENT SEARCHES
The East Feliciana Parish School Board is the exclusive owner of all public school buildings and all desks and lockers within the buildings assigned to any student and any other area of any public school building or grounds set aside specifically for the personal use of the students. Any teacher, principal, school security guard or administrator under the School Board's employ may search any building, desk, locker, area, or grounds for any evidence of gang activity, weapons, dangerous substances or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations, when such person has a reasonable belief that the items sought will be found. Such searches shall be conducted in the presence of the student whenever possible. Any student not present during the search shall be informed of the search immediately thereafter.
Items which are specifically prohibited by law, School Board policy or school regulations shall be immediately seized, and the school administrator/designee shall immediately contact the student's parent/guardian, appropriate law enforcement agency, and the Superintendent. The Superintendent upon further investigation shall notify the School Board President and Vice-President. The School Board President and Vice-President shall each notify other School Board members. The school administrator/designee shall give the offending student's assigned bus operator a copy of the suspension/expulsion slip on the same day of the suspension/expulsion.
At the usual and customary entrance to each public school within this parish a sign of high visibility shall be posted containing the following warning:
BY ENTERING PROPERTY OWNED BY THE EAST FELICIANA PARISH SCHOOL BOARD YOU HAVE CONSENTED TO A SEARCH, WITHOUT WARRANT, OF YOUR PERSON OR VEHICLE, FOR WEAPONS, DANGEROUS SUBSTANCES OR ELEMENTS, ILLEGAL DRUGS, ALCOHOL, STOLEN GOODS OR OTHER MATERIALS OR OBJECTS, THE POSSESSION OF WHICH IS A VIOLATION OF LAW, SCHOOL BOARD POLICY, OR SCHOOL REGULATIONS.
Any student who desires to bring a vehicle on campus shall provide the school authorities with a consent to search of such vehicle signed by the student, parents and/or owner of the vehicle. Any vehicle parked on School Board property by a student may be searched at any time by a school administrator/designee when such school administrator/designee has articulable facts which lead the school administrator/designee to a reasonable belief that weapons, dangerous substances or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations will be found. Such searches shall be conducted in the presence of the student whenever possible. If the automobile is locked, the student shall unlock the automobile. If the student refuses to unlock the automobile, proper law enforcement officials shall be summoned, and the student shall be subject to disciplinary action. Any student not present during the search shall be informed of the search immediately thereafter.
Items which are specifically prohibited by law, School Board policy, or school regulations shall be immediately seized, and the school administrator/designee shall immediately contact the student's parent/guardian, appropriate law enforcement agency, and the Superintendent. The Superintendent, upon further investigation shall notify the School Board President and Vice-President. The School Board President and Vice President shall each notify other School Board members.
Upon any such violation, the student shall be automatically recommended for expulsion by the appropriate school authorities, and investigative facts and/or seized items immediately turned over to the proper law enforcement officials. The school administrator/designee shall give the offending student's assigned bus driver a copy of the suspension/expulsion slip on the same day of the suspension/expulsion.
Whenever any search is conducted pursuant to this policy, as soon as is reasonably practical a written record shall be made thereof by the school administrator/designee conducting the search and such record shall include the name of the student and/or person(s) involved, the circumstances leading to the search and the results of the search. This written, dated and signed record shall be filed and maintained in the school administrator's office, and a copy of it shall be immediately sent to the Superintendent. The student(s) and parent(s)/guardian(s) shall be given a written receipt for any item(s) seized and/or impounded by the school administrator/ designee.
Upon proper school personnel confiscating any firearm, bomb, knife, or other implement which could be used as a weapon, or any controlled dangerous substance, the principal or designee shall report the confiscation to the appropriate law enforcement officials. Any implement or material confiscated shall be retained, cataloged, and secured by the principal so as to prevent the destruction, alteration, or disappearance until such time as the implement or material is given to law enforcement personnel for disposal. Any principal or designee failing to report any prohibited weapon or confiscated material or implement to law enforcement personnel or failing to properly secure any weapon or confiscated material or implement shall be subject to appropriate disciplinary action as may be determined by the Superintendent and/or Board.
If any employee of the School Board is sued for damages by any student, the parent of any student, or any other person qualified to bring suit on behalf of the student, based upon a search of that student's desk, locker, vehicle or any other area of a school building or grounds set aside specifically for that student's personal use, when the employee reasonably believed that the student had any evidence of gang activity, weapons, dangerous substance(s) or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations, in the student's possession, or had a reasonable suspicion that such desk, locker, vehicle or other area contained such items, it shall be the responsibility of this School Board to provide its employee named as a defendant with a legal defense, including reasonable attorney's fees, investigatory costs and other related expenses. If any such employee named as a defendant is cast in judgment for damages in the suit, it shall be the obligation of this School Board to indemnify him/her fully against such judgment, including all principal, interest and costs. The East Feliciana Parish School Board shall not indemnify an employee named as a defendant against a judgment wherein there is a specific finding that the action of the employee was maliciously, willfully, and deliberately intended to harass, embarrass, or intimidate the student.
Re-Adopted: August 5, 2003
Ref: U.S. Constitution, Amend. IV
U.S. Constitution, Amend XIV, Sec. 1
La. Rev. Stat. Ann. ยงยง17:416, 17:416.3
State v. Stein, 203 Kan. 638 456 P.2d (1969)
Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733
Board minutes, 12-7-82, 10-95, 4-7-92, 5-4-99, 8-5-03
East Feliciana Parish School Board