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5771 Policy_Search and Seizure

The Board of Education has charged school authorities with the responsibility of safeguarding the safety and well-
being of the students in their care. In the discharge of that responsibility, school authorities may search school
property such as lockers used by students or the person or property, including vehicles, of a student, in
accordance with the following policy.
 
School Property
 
The Board acknowledges the need for in-school storage of student possessions and shall provide storage places,
including desks and lockers, for that purpose. Desks and lockers are public property and school authorities may
make reasonable regulations regarding their use. The District retains ownership and possessory control of student
desks and lockers and the same may be searched at random by school personnel at any time. A showing of
reasonable cause or suspicion is not a necessary precondition to a search under this paragraph. Students shall
not have an expectation of privacy in lockers, desks, or other school property as to prevent examination by a
school official.
 
The Board directs the school principals to provide students with written notice of this policy at least annually and
that routine inspections be done at least annually of all such storage places.
 
The Board directs that the searches may be conducted by the Superintendent, Directors, building principals,
assistant principals, School Resource Officer, staff members while on field trips, athletic directors, and coaches.
 
 
Student Person and Possessions
 
The Board recognizes that the privacy of students or his/her belongings may not be violated by unreasonable
search and seizure and directs that no student be searched without reasonable suspicion that the search will turn
up evidence that the student has violated or is violating either a particular law or a particular rule of the school. Any
search under this paragraph must be reasonable in scope and reasonable in the manner in which it is conducted.
The extent of the search will be governed by the seriousness of the alleged infraction, the student's age and
gender, the student's disciplinary history, and any other relevant circumstances or information.
 
This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the
Board.
 
Permission for a student to bring a vehicle on school property shall be conditioned upon written consent of the
search of the vehicle and all containers inside the vehicle by a school administrator with reasonable suspicion to
believe the search will produce evidence of a violation of a particular law, a school rule, or a condition that
endangers the safety or health of the student driver or others. The student shall have no expectation of privacy in
any vehicle or in the contents of any vehicle operated or parked on school property.
 
Except as provided below, a request for the search of a student or a student's possessions will be directed to the
principal. S/He shall attempt to obtain the freely-offered, written consent of the student to the inspection; however,
provided there is reasonable suspicion pursuant to the above paragraphs, s/he may conduct the search without
such consent. Whenever possible, a search will be conducted by the principal in the presence of the student and
a staff member other than the principal. A search prompted by the reasonable suspicion that health and safety are
immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons
and property.
 
Search of a student's person or intimate personal belongings shall be conducted by a person of the student's
gender, in the presence of another staff member of the same gender, and only in exceptional circumstances when
the health or safety of the student or of others is immediately threatened. The Board authorizes the use of breath-
test instruments to determine whether or not a student has consumed alcohol.
 
 
Use of Dogs
 
The Board authorizes the use of specially-trained dogs to detect the presence of drugs and devices such as
bombs on school property under the following conditions:
 
    A. The presence of the dogs on school property is authorized in advance by the Superintendent or is pursuant
        to a court order or warrant.
 
    B. The dog must be handled by a law enforcement officer or certified organization specially trained to safely and
        competently work with the dog.
 
    C. The dog is represented by the Sheriff or Chief of the law enforcement agency providing the service as capable
        of accurately detecting drugs and/or devices.
 
The principal shall be responsible for the prompt recording in writing of each student search, including the reasons
for the search; information received that established the need for the search and the name of informant, if any; the
persons present when the search was conducted; any substances or objects found and the disposition made of
them; and any subsequent action taken. The principal shall be responsible for the custody, control, and disposition
of any illegal or dangerous substance or object taken from a student.
 
The Superintendent may request the assistance of a law enforcement agency in implementing any aspect of this
policy. Where law enforcement officers participate in a search on school property or at a school activity pursuant
to a request from the Superintendent, the search shall be conducted by the law enforcement officers in accordance
with the legal standards applicable to law enforcement officers.
 
Anything found in the course of a search pursuant to this policy which constitutes evidence of a violation of a
particular law or school rule or which endangers the safety or health of any person shall be seized and utilized as
evidence if appropriate. Seized items shall be returned to the owner if the items may be lawfully possessed by the
owner. Seized items that may not lawfully be possessed by the owner shall be destroyed.
 
The Superintendent shall prepare administrative procedures to implement this policy and shall provide students
and staff with written notice of this policy and procedures at least annually.
 
118.325 Wis. Stats.
948.50, Wis. Stats.
Wisconsin Const. Art. 1 Section 11
U.S. Constitution, 4th Amendment

Approved/Adopted: July 13, 2009

ĉ
Shari Weinstock,
Aug 8, 2011, 9:44 AM