FILE:  JCAB

Cf:  JCABA, JCDAC, JCDAE

STUDENT SEARCHES

The West Baton Rouge Parish School Board is the exclusive owner of any public school building and any desk or locker utilized by any student contained therein therefore, expectations of privacy are limited.  Any teacher, principal, administrator, or school security guard employed by the School Board, having a reasonable articulable belief that any public school building, desk, locker, area or grounds of any public school contains any weapons, illegal drugs, alcoholic beverages, nitrate based inhalants, stolen goods, or other items the possession of which is prohibited by any law, School Board policy, or school rule, may search such building, desk, locker, area or grounds of said public school.  Students shall have no expectation of privacy in use of the lockers which have been assigned to them.  The School Board reserves the right to inspect or search at any time lockers, desks, or any facilities, objects, or vehicles on the school campus, or other areas used by students.  Any student not present during the search shall be informed of the search immediately thereafter.

Any teacher, principal, administrator, or school security guard employed by the School Board, may search the person of a student or his/her personal effects when based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, School Board policy, or a school rule.  Students shall have no expectation of privacy in use of the lockers which have been assigned to them.  Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and the nature of the suspected offense.  Such factors to be considered in determining the manner in which searches may be conducted are:

1. Age and sex of student

2. Behavior record of student

3. Need for search

4. Purpose of search

5. Type of search

6. Reliability of the information used to conduct search

7. The relative importance of making the search without delay

8. Nature and severity of problem in overall school environment

Random searches with a metal detector of a student or his/her personal effects may be conducted at any time, provided such searches are conducted without deliberate touching of the student.

Any search of student's person shall be done privately by a teacher, administrator, or security guard of the same sex as the student to be searched except with a metal detector.  At least one witness who is of the same sex as said student shall be present throughout the search.  Detailed documentation shall be made of all searches.  If requested, notification of the search shall be sent to the parents of the student involved.

Any automobile parked on School Board property by a student may also be searched at any time by school officials who have articulable facts which lead them reasonably to believe that items in violation of state law, School Board policy or school rule are contained therein.  If the automobile is locked, the student shall unlock the vehicle.  If the student refuses to unlock the vehicle, proper law enforcement authorities shall be summoned and the student shall be disciplined for insubordination for refusing to unlock the vehicle.

No actions taken pursuant to this policy by any teacher, principal, administrator, or school security guard employed by the School Board shall be taken maliciously or with willful and deliberate intent to harass, embarrass or intimidate any student.

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, catalogued, 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 School Board.

If any teacher, principal, administrator, or school security guard employed by the School Board should be sued for damages by any student, the parent of such student or by any other person on behalf of such student, based upon a search conducted in compliance with this policy, the School Board shall provide such teacher, principal, administrator, or school security guard with a legal defense thereto, including reasonable attorney's fees, investigative costs and other related expenses.  In such suit, the School Board shall indemnify him/her fully against said judgment including principal, interest and costs.

If in any suit brought against any teacher, principal, administrator, or school  security guard employed by the School Board, as stated above, there is a specific finding that the action of the teacher, principal, administrator, or school security guard was malicious and willfully and deliberately intended to harass, embarrass or intimidate the student, the School Board shall not indemnify such teacher, principal, administrator, or school security guard in the event a judgment for damages shall be rendered against him.  Whenever any search is conducted pursuant to this policy, a written record shall be made thereof by at least two (2) adult employees of the School Board who conducted the search and shall include names of the persons involved, the circumstances leading to the search and the results of the search.

INCIDENTAL SEARCHES

Searches on a case by case basis may be made by school based administrators within the following parameters:

1. Any searches conducted pursuant to this policy shall be performed for pedagogical purposes alone as relates to the health and safety of students in the learning environment.
   
   

2. A reasonable articulable suspicion of breach of a statute (Federal/State); school policy or school rule.
   
   

3. Such suspicion must be present prior to the commencing of a search.
   
   

4. The search must be rationally related to the suspicion of the facts in 2 (i.e., the search must be reasonably limited in scope to detect the item sought and shall not be overbroad.  The seriousness of the offense shall serve as a guideline for the degree of search, e.g., the potential presence of a weapon would give rise to a more exhaustive search.)

Procedure:

1. The student shall be first requested to produce the suspected contraband item.
   
   

2. Upon refusal the student shall be requested to empty the contents of all personal carry-all receptacles (exemplary but not exclusive, pockets, purses, handbags, brief cases, portfolios, etc.)  NOTE:  Lockers and automobiles shall be included in this category.  If one searches an automobile a very serious reason in the opinion of the principal must exist.
   
   

3. Refusal to comply with this request shall give rise to a "pat-down" search and a search of the contents of the carry-all receptacles, lockers or automobiles (see #2 of the procedure), or if in the judgment of the administrator an involuntary search may result in a physical confrontation, the refusal may be viewed as an act of willful disobedience as defined in La. Rev. Stat. Ann. §17:416.  Any search of a student's person shall be done privately by a teacher/administrator/security guard of the same sex as the student to be searched.  At least one witness who is of the same sex as said student shall be present throughout the search.

UNIFORM RANDOM SEARCH

All students at a particular school may be searched upon entering the school, ordinarily this search shall not occur everyday, but shall be done on a random basis.  However, if in the professional judgment of the Superintendent or her/his designee a daily search would be necessary because of a reasonable articulable continuing problem, then a daily search may be perfected.

Procedure:

1. The initial random search shall be conducted only with a metal detector.
   
   

2. If a positive signal is triggered the following procedures must be followed:

Revised:  January, 1993

Revised:  October, 1994

Revised:  November 28, 2018

Ref:    U.S. Constitution, Amend. IV

U.S. Constitution, Amend. XIV, Sec. 1

La. Rev. Stat. Ann. §§17:416, 17:416.3

Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)

State v. Stein, 203 Kan. 638 456 P.2d (1969)

New Jersey v. T.L.O., 469 US 325, 105 S.Ct. 733

Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education

Board minutes, 1-5-83, 10-15-86, 6-15-88, 9-16-92, 11-28-18

West Baton Rouge Parish School Board