File: JIH
Student Searches
The Board of Trustees seeks to maintain a climate in the school which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school official(s) to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students or staff.
For purposes of this policy, “school official” shall include the building principal and his/her designee and the supervisor of student life and his/her designee.
Interviews by school administrators
When a violation of CSDB policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student’s parent/guardian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student’s family, no contact with the student’s family will be made.
Interrogations by school administrators
In situations where a student is suspected of violating CSDB policies or school rules, the principal or designee may interrogate the suspected student if the school official has reasonable grounds to suspect that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will have the opportunity to present his or her side of the story, orally or in writing.
Searches conducted by school personnel
Searches may be conducted by a school official who has reasonable grounds for suspecting that a search will turn up evidence that the student has violated either the law or CSDB policy. When reasonable grounds for a search exist, school official(s) may search a student and/or the student’s personal property while on school premises or during a school activity under the circumstances outlined in this policy and may seize any illegal, unauthorized or contraband materials.
Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary, considering the age and sex of the student and nature of the suspected infraction.
Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action.
An incidentreport shall be prepared by the school official conducting a search explaining the reasons for the search, the results, and the names of any witnesses to the search. Thereport shall be included in the student’s file.
Search of school property
School lockers, desks and other storage areasto include residence halls are CSDB property and remain at all times under the control of the school. General inspections of locker, desk,and other storage area contents may be conducted by school authorities for any reason at any time without notice, without student consent, and without a search warrant.
Students shall assume full responsibility for the security of their lockers and/or other storage areas in the manner approved by the administration. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school, as well as for any loss or damage relating to the contents of such desks, lockers, and/or other storage areas.
Search of the student's person
A school official may search the person of a student if the school official has reasonable grounds to believe that the student is in possession of contraband.
Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse, briefcase or backpack, and/or a "pat down" of the exterior of the student's clothing.
Searches of the person shall be conducted out of the presence of other students and as privately as possible. At least one but not more than three additional persons of the same sex as the student being searched shall witness but not participate in the search.
Searches of a student’s person and/or personal effects may be conducted without the prior consent of the student’s parent/guardian.The parent/guardian of any student searched shall be notified of the search as soon as reasonably possible.
Searches of the person which require removal of clothing other than a coat, jacket, hat or shoes shall be referred to a law enforcement officer. No strip search shall be carried out by any school employee.
Automobile searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to patrol the student parking lots and inspect the exteriors of automobiles on school property.
The interiors of vehicles may be inspected whenever a school authority has reasonable suspicion to believe that contraband is contained inside.
Seizure of items
Any item found in the course of a search conducted by school officials which is evidence of a violation of law or school policy or school rules or which by its presence is dangerous or detrimental to the health, safety or welfare of students or school personnel may be:
- Seized and tagged for identification, and offered as evidence in any suspension or expulsion proceeding. Such material shall be kept in a secure place by the school official until it is presented at the hearing or other proceeding, at which time it will be returned to the student’s parent/guardian.
2.If the item is determined to be a violation of the law, the school official shall promptly contact a law enforcement officer to pick up the item.
Searches, arrests and interrogations by law enforcement officers
The superintendent, building principals and principals’ designees have the right and the obligation to take reasonable steps to prevent disruption of school operations and the educational process while at the same time cooperating with law enforcement efforts. Accordingly, school administrators shall work together with law enforcement officers to coordinate efforts and minimize or prevent such disruption in cases when law enforcement becomes involved with CSDB students and/or school operations.
Searches conducted by law enforcement officers on school grounds shall comply with the requirements of applicable law. No school employee will assist or otherwise participate in such a search.
Students will be released to law enforcement officers if the student has been placed under arrest or if the student’s parent, guardian, or legal custodian and the student consent to such release. When a student is removed from school by law enforcement officers for any reason, school officials will make every reasonable effort to notify the student’s parent, guardian, or legal custodian.
It is expected that all procedural safeguards prescribed by law are followed by law enforcement officers conducting student searches and/or arrests. However, school personnel are not responsible for an officer’s legal compliance when searching or arresting a student.
Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall make an effort to notify the student’s parent, guardian, or legal custodian except in cases involving investigation of reported child abuse of a student where the suspected perpetrator is a member of the student’s family. However, whether or not to postpone the interview or interrogation until the parent arrives is ultimately the law
enforcement officer’s decision. It is the law enforcement officer’s responsibility to ensure compliance with all applicable procedural safeguards when interviewing or interrogating students.
Adopted by Board of Trustees: June 27, 2005
Revised by Board of Trustees: November 14, 2013
LEGAL REF.:C.R.S. 19-2-511 et seq.
CROSS REF.:JK, Student Discipline, and subcodes
Colorado School for the Deaf and the Blind, Colorado Springs, CO Page 1 of 4