JFG - Student Searches and Questioning **

Code: JFG
Adopted: Unknown
Re-adopted: 8/13/97
Original Code: 7940
 

The Board expects a climate in the schools which assures the safety and welfare of all.  Equipment, such as lockers, belongs to the district and students are allowed to use this equipment as a convenience.  The district insists that lockers be properly cared for and not used for the storage of illegal items.

Guidelines

  1. Right:  At the time of locker assignments or registration, students will be informed of use governing locker.

Right:  Students may be assured that the rights of the individual shall always be balanced with the needs of the school.  In a search and seizure situation, the following procedures shall be observed:

  1. A search of the student’s person should be limited to a situation where there is probable cause that the student is secreting evidence of an illegal act or school violation;
  1. Illegal items (firearms, weapons, etc.) or other possessions reasonably determined by the proper school authorities to be a threat to the safety or security of the possessor or others may be seized by school officials in accordance with the school district’s property confiscation procedures;
  1. Items which may be used to disrupt or interfere with the educational process may be temporarily removed from the student’s possession;
  1. A general inspection of district properties, including but not limited to, lockers or desks may be conducted on a regular basis.  Items belonging to the school may be seized;
  1. All items seized shall be returned to the proper authorities or the true owner in accordance with district’s property confiscation procedures;
  1. The student shall be given the opportunity to be present when a search of personal possessions is conducted, if he/she is in attendance and if there is no reason to believe that his/her presence would endanger his/her health and safety.
  1. Responsibility
  1. Students shall not bring to school firearms or other possessions reasonably determined by the proper school authority to be a threat to the safety or security of himself/herself or others.  Students shall not secrete evidence of an illegal act or school violation.

Legal Reference(s)

ORS 332.107
OAR 581-021-0050 to -0075

T.L.O. v. New Jersey, 469 U.S. 325 (1985)