FILE: JCAB
STUDENT SEARCHES
The East 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 or any other area that may be set aside for the personal use of the students. Any teacher, principal, administrator, or school security guard employed by the School Board, having a reasonable 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 either physically or with the use of metal detectors such building, desk, locker, area or grounds of said public school. The acceptance and use of locker facilities or the parking of privately owned vehicles on school campuses by students shall constitute consent by the student to the search of such locker facilities or vehicles by authorized school personnel. In addition, 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 used by students, for the purpose of enforcing compliance with any health, safety, or security policies, rules, or regulations. Any student not present during the search shall be informed of the search immediately thereafter.
Students and parents shall be notified in writing at the beginning of each school year of the School Board's authority to conduct unannounced searches of students, lockers, automobiles, school employees, and any other person or object on School Board property and at school sponsored events. Standards regarding procedures for conducting student searches are outlined in the School Board's Student Rights and Responsibilities Handbook and Discipline Policy. Signs of high visibility informing the general public of the School Board's search authority shall be posted at entrances to all School Board buildings.
Upon finding any prohibited items, the student shall be automatically suspended and/or recommended for expulsion by school authorities, as appropriate. Investigative facts and/or seized items shall be immediately turned over to the proper law enforcement officials.
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 sent to the Superintendent within five (5) days. 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.
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.
SEARCH OF VEHICLES
The School Board shall require students who bring vehicles on campus to register those vehicles and to 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 may be searched without consent 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. Searches may also be conducted to assure compliance with health, safety, and/or security laws, rules, or regulations. 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.
CONFISCATION
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 proper 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. Parents shall be notified of any item impounded. Any principal or designee failing to report any prohibited weapon or confiscated material or implement to the proper law enforcement officials 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.
INDEMNIFICATION
Indemnification of any School Board employee who is sued for damages based on any act or omission in the directing of and disciplining of school children shall be made by the East Baton Rouge Parish School Board to the extent required by state law.
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)
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
East Baton Rouge Parish School Board