FILE: JCABA
SEARCHES OF STUDENT'S PERSON
The East Feliciana Parish School Board authorizes any teacher, principal, or administrator under this School Board's employ to search a student's person when there is probable cause to believe that the student has in his/her possession 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.
The above shall be with the knowledge, and under the supervision, of the school administrator/designee.
Any search of student's person shall be done privately by one of the persons above authorized and of the same sex as the student to be searched. At least one (1) witness who is a school administrator or teacher, also of the same sex as the student, shall be present during the search. Detailed documentation shall be made of all searches. Items which are specifically prohibited by law, School Board policy or school regulations shall be immediately seized. 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 Board Members.
Upon any such violations, the student(s) shall be automatically recommended for expulsion by the appropriate 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 and parent(s)/guardian(s) shall be given a written receipt for any items seized and/or impounded by the school administrator/designee.
If any employee of the East Feliciana Parish School Board is sued for damages by any student, the parents of any student, or any other person qualified to bring suit on behalf of the student, based upon a search of that student's person, when the employee reasonably believed there was probable cause to believe that the student had 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, on the student's person, or in the student's possession, 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: May 4, 1999
Ref: U.S. Constitution, Amend. IV
U.S. Constitution, Amend XIV, Sec. 1
La. Rev. Stat. Ann. ยงยง17:416, 17:416.3
Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)
Board minutes 12-7-82, 10-85, 4-7-92, 5-4-99
East Feliciana Parish School Board