5330

SEARCHES AND INTERROGATIONS

In recognition of certain societal problems which present themselves from time to time in our schools, the Board of Education authorizes the Superintendent of Schools, and the Building Principal to conduct searches of students and their possessions for illegal matter or matter which otherwise constitutes a threat to the health, safety, welfare or morals of students attending our schools.

In authorizing such searches, the Board acknowledges both state and federal constitutional rights which are applicable to personal searches of students and searches of their possessions (e.g., pocket contents, book bags, handbags, etc.). Such searches shall not be conducted unless founded upon reasonable individualized suspicion.

Students shall be informed by the Administration that school lockers are not their private property but the property of the district and that as such may be opened and subject to inspection from time to time by school officials. While recognizing the right to inspect student’s school lockers without the necessity of obtaining students= consent is inherent in the authority granted school boards and administrators, school officials will exercise every safeguard to:

$ protect each student’s constitutional rights to personal privacy and protection from coercion;

$ emphasize that schools are educational rather than penal institutions; and

$ resolve any doubts in the student’s favor.

Realizing the intrusive nature of a search which requires a student to remove any and/or all clothing, the Board authorizes these searches following a review of the facts by the School Attorney or the Superintendent of Schools or his/her designee in the absence of the School Attorney. Such searches are to be conducted only in situations where an emergency exists or necessity of searching a particular student without delay exists. Prior to engaging in such search, the district will take into account the nature of the crime, the student’s age, student’s record, need for such a search, and a demonstration of individualized suspicion.

Interrogation of Students by Police

It is the policy of this district to cooperate with law enforcement agencies. While police do not have a general power to interview children in schools, or to use school facilities in connection with police department work, the police may enter the schools of the district if a crime has been committed on school property, if they have a warrant for arrest or search, or if they have been invited by the Superintendent or Principal.

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When police have properly entered the school and desire to interview students in the school and, if necessary, the consent of parents or guardians has been obtained, the students must be afforded the same rights they have outside the school. Students must be informed of their legal rights and be protected from coercion and illegal constraint. Students may remain silent if they so desire or may request the presence of an attorney. In addition, the Superintendent or Principal must always be present during the interview to protect the rights of students. Within the framework of their legal rights, students have the responsibility to cooperate with the police.

Child Protective Services= Investigations

From time to time, Child Protective Services may desire to conduct interviews of students on school property. Such interviews generally pertain to allegations of suspected child abuse and/or neglect. The Board encourages cooperation with Child Protective Services in accordance with applicable Social Services Law.

The Superintendent of Schools shall establish regulations regarding personal searches and interrogations of students in accordance with this policy and the law.

Cross-ref: 5311.4, Care of School Property by Students

5312.1, Drug and Alcohol Abuse

5312.2, Dangerous Weapon in School

Ref: New Jersey v. TLO, 469 U.S. 325 (1985)

People v. Scott D., 34 NY2d 483 (1974)

Horton v. Goose Creek Independent District, 690 F 2d 470 (1982)

Doe v. Renfrow, 631 F 2d 91, cert. den. 451 US 1022 (1981)

M.M. v. Anker, 477 F.Supp. 837, aff=d. 607 F.2d 589 (2d Cir. 1979)

Bellnier v. Lund, 438 F.Supp. 47 (1977)

US v. Albarado, 495 F 2d 799 (2d Cir. 1974)

In Re Ronald B., 61 AD2d 204 (1978)

People v. Haskins, 48 AD2d 480 (1975)

People v. Overton, 24 NY2d 522 (1967)

Opinion of Counsel, 1 EDR 800 (1959)

Opinion of Counsel, 1 EDR 766 (1952)

Adoption date: May 13, 1998

5330-R

SEARCHES AND INTERROGATIONS REGULATION

1. Pursuant to Board policy, students may be subject to personal searches and searches of their possessions where reasonable individualized suspicion exists to conduct such search.

2. Searches may be conducted by the Superintendent of Schools, Building Principal, or school nurse.

3. A search based upon the reasonable belief that the health or safety of those in our schools is seriously and immediately threatened may be conducted with as much speed as is required to protect persons and property.

4. Reasonable individualized suspicion to conduct a search of a student or a student’s possessions and the scope of the particular search shall be based upon: the student’s age; the student’s history and record in school; the prevalence and seriousness of the problem to which the search is directed; the urgency necessitating an immediate search; and the probative value and reliability of information used as justification for the search.

5. The request for a search of a student or student’s possessions shall be directed to the Building Principal, who shall attempt to obtain an admission from the student of possession of the illegal matter or a voluntary consent to the search. The search shall be limited to the extent necessary to locate the illegal matter.

6. Whenever practicable, the search should be conducted in the privacy of administrative offices and the student should be present when his/her possessions are being searched.

7. If school administrators conclude that a more intrusive search is needed (i.e., a search which requires a student to remove any or all clothing[, with the exception of a search of outer coats and jackets]), they shall attempt to notify the parents of the students involved by telephone, or in writing after the fact if the parents could not be reached by telephone. Such searches will be conducted by school officials only after consultation with the school attorney and/or the superintendent or another school official designated by the superintendent, unless there is reasonable cause to believe that an emergency situation may exist (e.g., a dangerous weapon is being concealed by a student). Such searches shall be conducted by an administrator or nurse of the same gender as the student in the presence of another district professional employee who is also of the same gender.

8. The Building Principal or Assistant Building Principal shall be responsible for the prompt recording in writing of each student search. Such writing should include the reasons for the search, information received that established the need for the search, and, where appropriate, the name of any informant(s) from whom information was received (informants other than the district employees will be considered reliable if they have previously supplied information which was accurate and verified, if they make an admission against their own penal interest or if the same information is received independently from several informants). The written record of the student’s search shall also contain the names of those persons who were present when the search was conducted, any substance or objects discovered, and the disposition of such matter.

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9. The Building Principal shall be responsible for the custody, control and disposition of any illegal or dangerous matter taken from a student. He or she will remain in control of such substance or objects unless the same are delivered to police authorities whereupon it shall be the responsibility of said Building Principal to personally deliver such matter to police authorities.

10. Students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places, and the school exercises overriding control over such school property. The Building Principal shall give notice to all students that lockers, desks and other school storage places may be subject to inspection at any time by school administrators.

11. No police officer may enter the schools of the district for the purposes of interrogating, searching or conducting formal investigations of students unless he/she has a warrant for arrest or search, unless a crime has been committed on school property, or if he/she has been invited by school administrators.

12. No police officer shall be allowed to perform a student search unless authorized by a search warrant or upon demonstrating probable cause to establish that the commission of an illegal act is occurring on school premises. In the case of a police officer presenting a search warrant, the Building Principal shall first attempt to inform the parent or guardian of the police demand to search in order to afford the parent or guardian an opportunity to be present at the search. In the event that the parent or guardian cannot be contacted prior to a police search, the parent or guardian shall be informed of the search in writing by the Building Principal as soon thereafter as is practicable.

13. When police have properly entered the school with a warrant for search or arrest or after the commission of a crime on school property and desire to interrogate a student, the Building Principal shall first attempt to notify the parent or guardian of the student involved by telephone prior to any such interrogation or by telephone or in writing after the fact if the parent or guardian could not be reached beforehand. The student’s parent or guardian should be present, if appropriate.

14. When police have been invited by school administrators onto school property and desire to interrogate a student, the Principal shall request the consent of the parent(s) or guardian(s) of the student for the interrogation. The police shall be allowed to interrogate the student if the parent(s) or guardian(s) expressly consent to the interrogation or are present for questioning.

15. The Principal or other designated administrator, as appropriate, shall also be present during any interrogation of a student by police on school property.

Documentation of Searches

The following factors should be considered in order to determine whether reasonable individualized suspicion exists with regard to a search of a student’s person or his/her effects:

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1. Eyewitness accounts

Note: by whom

date/time

place

detailed description of events/items witnessed

2. Information from a Areliable source@

Note: from whom

time received

how information was received

who received information

complete summary of information

3. Suspicious behavior: describe behavior and explain suspicions

If a search is conducted, the following information should be documented:

1. Time and location of search

2. Age of student

3. Circumstances contributing to exigency of search

4. Purpose of search: what item(s) were being searched for?

5. Type of search and scope thereof

6. Person conducting search and his/her title/position

7. Witnesses of search

8. Results of search: material(s) found, disposition of such material/s

9. Results of parental notification

Regulations Pertaining to Child Protective Services= Investigations

From time to time, Child Protective Services may desire to conduct interviews of students on school property. Such interviews generally pertain to allegations of suspected child abuse and/or neglect. The following guidelines apply to all such interviews:

1. This regulation shall apply to all interviews requested by the Department of Social Services, Child Protective Services, as it pertains to that agency’s investigations involving a student. Such investigation shall include, but shall not be limited to, suspected child abuse, suspected child neglect and custody investigations.

2. All requests by Child Protective Services to interview a student of the district on school property shall be made directly to the Superintendent of Schools.

3. The time and place of such interview shall be designated by the Superintendent in his/her absolute discretion.

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4. Any such interview conducted by the Child Protective Services shall be made in the presence of the Superintendent, or, in the event that the Superintendent cannot be present, in the presence of a staff person designated by the Superintendent for that purpose. In the event that the Superintendent is not present within the District, then such interview shall not take place unless it is in the presence of the school nurse.

5. This regulation is for the protection and benefit of the students of the district and every reasonable effort shall be made to accommodate the request of the Department of Social Services, Child Protective Services, as it relates to the aforementioned investigations.

Adoption date: May 13, 1998